D66 pushes for ankle bracelets to ease overcrowded prisons
Dutch political party D66 is advocating for electronic ankle bracelets to replace pretrial detention in certain cases, arguing the measure would ease pressure on overcrowded prisons and prevent unnecessary harm to suspects. The proposal has divided the ruling coalition. “We must reserve our limited prison capacity for real criminals,” D66 lawmaker Joost Sneller said.
The Dutch prison system is under severe strain due to a lack of cells and staff, according to Justice and Security State Secretary Ingrid Coenradie, who warned of “code black” conditions in December. Suspects in pretrial detention take up space that could otherwise house convicted criminals.
Compared to other European countries, the Netherlands detains a relatively high number of suspects before trial. Both the United Nations and the Council of Europe have criticized the country for applying pretrial detention too easily, arguing that it violates personal rights. After three months in custody, suspects can lose their jobs, housing, or face severe financial difficulties—even if they are later acquitted.
“Social stability helps prevent people from turning to crime again,” Sneller said. His proposal would restrict pretrial detention to cases where there is a high risk of flight.
Taxpayer money
D66 argues that the plan would also save taxpayer money. A suspect in pretrial detention costs the state several hundred euros per day, while an ankle bracelet costs significantly less. Additionally, the government paid nearly 9 million euros in compensation last year to more than 4,000 people who were wrongfully detained.
Other parties have shown support for the proposal. NSC lawmaker Willem Koops, a former criminal defense attorney, called it “fundamentally wrong” to impose detention before guilt is established.
“Pretrial detention is meant to protect society, not to punish,” Koops said. “A suspect should not lose everything while awaiting trial.”
Koops described the ankle bracelet as "an excellent solution" and confirmed that NSC is working with D66 on the proposal. However, the plan faces opposition from coalition partners PVV, BBB, and VVD.
PVV lawmaker Emiel van Dijk firmly rejected the idea, stating that ankle bracelets are “completely off the table.” He argued that the coalition agreement prioritizes tougher sentencing, aligning with PVV leader Geert Wilders’ push for stricter imprisonment.
BBB lawmaker Marieke Wijen-Nass, a former prosecutor, pointed out that judges already have the authority to suspend pretrial detention under certain conditions. She dismissed Koops’ concern that judges struggle to fully assess suspects within a short time frame.
“If a judge rules that someone must remain in custody, there must be good reasons,” Wijen-Nass said.
VVD lawmaker Ulysse Ellian echoed these concerns, arguing that pretrial detainees are increasingly suspected of serious crimes. “It is not unreasonable that pretrial detention is used more often and for longer periods,” he said.
Justice Minister David van Weel left the decision to the Tweede Kamer but noted that judges already use electronic monitoring “fairly regularly.” He acknowledged that ankle bracelets are a “useful and desirable” alternative in some cases.
With NSC’s backing, D66 appears to have enough support in the Tweede Kamer. A final vote is scheduled for March 19.
If passed, the policy change would not take effect until April 1, 2029, as it requires amendments to the Code of Criminal Procedure. Sneller hopes the pending legislation will encourage judges to use electronic monitoring more frequently in the meantime.
