The Ministry of Justice wishes to bring clarity to ongoing public discussions surrounding the early release of inmates and the use of electronic monitoring. Contrary to popular belief, Sint Maarten’s early conditional release program is not new and continues to be applied, along with electronic monitoring, in strict accordance with the law.
What the Law Says
Early conditional release has long been part of the judicial process in Sint Maarten. Under Article 1:31 of the Criminal Code, inmates may be considered for release after serving two-thirds of their sentence. In exceptional circumstances, such as chronic prison overcrowding, releases may exceptionally be granted before the two-thirds threshold, for example, after 60% of the sentence has been served, as permitted under Article 1:37 of the Criminal Code.
It is important to emphasize that this process is not arbitrary. The process is tightly regulated, and each case is assessed on its own merits. The Minister of Justice does not have the authority to issue early releases at will. The Minister is bound by legal procedures and may only act upon written advice from the CCR, with additional input from the Prison Director and the Probation Office.
While the Ministry is exploring the possibility of adjusting the percentage threshold to help manage structural cell-capacity issues, any such changes must follow a careful, well-reasoned, and lawful process in consultation with all relevant stakeholders, including the Public Prosecutor’s Office (OM).
Electronic Monitoring Is Not a Substitute for Jail Time
Discussions about using electronic monitoring (EM), such as ankle bracelets, must also be grounded in law and fact. EM is a special condition, not a general alternative to incarceration. It is only imposed when warranted, based on risk assessments and other case-specific factors, and must comply with Article 1:32 of the Penal Code.
Ankle bracelets are the exception, not the rule. Electronic monitoring costs approximately US$254 per person monthly, excluding staffing and enforcement support. Given current budget limitations, scaling the system is not feasible. Responsible use requires adequate resources and must always comply with the law. Applying it outside legal limits undermines the justice system and the principle of legality.
Early Release and Electronic Monitoring Do Not Equal “More Space”
Even with the early release program in place, many sentenced individuals remain on a waiting list for detention due to longstanding cell shortages. Early release alone will not solve the issue. In the case of electronic monitoring, cells must remain available in the event that someone infringes on the conditions of their release. While individuals may not be physically present, space must be reserved to accommodate their return if needed. This means that neither early release nor EM frees up permanent space.
Upholding the Law
The European Court of Human Rights and the Dutch Supreme Court have both been clear: executive policy cannot replace proper legal processes. Every change or exception involving the execution of a custodial sentence must have a clear legal basis and respect the rule of law. The principle of legality cannot be bypassed, even in the face of urgent needs.
Building Toward Sustainable Solutions
Recognizing the current challenges, the Ministry of Justice is taking long-term action. In partnership with the United Nations Office for Project Services (UNOPS), the Ministry is preparing to begin construction of the new prison facility in October 2025.
This project is a major step toward increasing Sint Maarten’s detention capacity, more than doubling the number of inmates the current facility can accommodate. This will not only help relieve pressure on the existing prison but also
allow for improved rehabilitation programs, better working conditions for staff, and more effective implementation of justice policies overall.
Early conditional release is currently in place and is being applied within the limits of the law and under strict oversight. Claims to the contrary are incorrect and mislead the public.
The Ministry of Justice remains committed to upholding the law, protecting public safety, and taking responsible, legally sound action to improve detention and rehabilitation systems in Sint Maarten.
https://www.sintmaartengov.org/news/Pages/Ministry-of-Justice-Outlines-Legal-Basis-and-Limitations-of-Early-Release-and-Electronic-Monitoring.aspx
