Minister of Justice Anna Richardson announced the publication of what was called a new “holistic” ankle bracelet policy (see related story). She promised Parliament to do so within two weeks on June 23, when a unanimously-passed motion gave her two months to present such.
The more widespread use of electronic monitoring for both conditional release and as alternative punishment especially in non-violent cases is to alleviate the pressing lack of detention space. The latter has led to negative consequences like many minor prison sentences not being executed promptly, suspending or prematurely terminating pre-trial custody, etc.
Involving the courthouse, prosecution, probation office and penitentiary in early releases is important to ensure a fair process and prevent even the perception of favouritism. Decision-making on who qualifies will also focus on limiting the risk of repeat offences while taking into account the interests of victims and their relatives.
The minister in her statement thankfully did not mention “white-collar criminals” as she had done in Parliament, because it could create the erroneous impression of only higher-class clients being considered. Non-violent offences, legal residence, adequate housing with global positioning system (GPS) signal reception, willingness to comply with related rules and stable mental condition seem understandable-enough criteria.
Ideal would be if the principle “do the crime, do the time” were applied to everyone so they fully pay their debt to society, but that is simply not possible in St. Maarten. Already, inmates are routinely released after completing two-thirds of the term received barring any aggravating circumstances.
Considering the acute cell shortage, placing convicts under house arrest with 24-hour surveillance seven days per week can still be considered better than having them walk around freely sometimes many years without ever serving their sentence at all. It’s the lesser of two evils.
