The Portuguese prison administration is placed under the responsibility of the General Directorate of Reintegration and Prison Services (DGRSP). Sentences, whether custodial or not, have been managed by a single directorate since 2012 (legislative judgment no. 63/2012).

There are three detention regimes:

• The ordinary regime

• The open regime

• The security regime

Article 12 of the Code for the execution of sentences and custodial measures lays out the terms and characteristics of each regime.
Persons placed in ordinary regimes serve their sentences in high-security establishments or neighbourhoods. Activities and community life take place inside the penitentiary establishment. Persons placed in open regimes serve their sentences in medium security establishments or neighbourhoods. Getting closer to the outside community is encouraged. The open regime has two forms/formats:

• The “open regime on the inside”. Activities take place inside the establishment (or its immediate vicinity) and are subject to direct and continuous surveillance.

• The “open regime on the outside”. Activities take place outside of the establishment and do not require surveillance.

Persons placed in security regimes serve their sentences in “special” security establishments or neighbourhoods (see ‘The real estate park’ section). Daily life, activities, and links with the outside world are limited. The re-evaluation of this placement takes place every six months (three months for youth under the age of 21). The decision to place, maintain or terminate it rests with the director of the DGRSP.

The DGRSP distinguishes between two types of penitentiary establishments according to the criteria of “management complexity”:

• High complexity establishments

• Average complexity establishments

Management complexity is defined by the level of security – special, high, or medium – the programmes implemented, the characteristics of the population, and the number of people held there (circular no. 13/2013).

The Leiria school prison houses minors and young adults. There are eight educational centres for minors aged 12 to 16 who are sentenced to educational measures [(See Minors section)].

The size of Portuguese prisons varies depending on the type of establishment. Average complexity prisons have up to 350 spaces. The Cadeia de Apoio da Horta (Horta support prison), administratively attached to the Angra do Heroísmo prison, is the smallest prison (17 spaces). High complexity prisons range from 169 (Súbal prison) to 887 spaces (Lisbon prison).

Access to the prison guard profession is subject to a competitive examination and training. This comes under the authority of the Ministry of Justice Prison guard statute. It lasts for at least six months. Competitive examinations are open to candidates who satisfy the following requirements:

• Portuguese nationals

• Between the ages of 21 and 28 during the year of the exam

• Height of at least 1.60 metres for females and 1.65 metres for males

• The equivalent of a secondary education diploma has been obtained (usually at the end of compulsory education up to the age of 18)

• No criminal record

• “Good physical condition”

• Up-to-date with compulsory vaccinations

In 2021, initial training for prison guards (CFICGP) took nine months. The first four months comprised theoretical courses on communication, social science, law, security, IT, health, international human rights standards in prisons, conflict prevention, social reintegration of prisoners and modules on gender, diversity, non-discrimination, inclusion, and cultural diversity. The remaining five months would be dedicated to practical training. Trainees would begin by observing, before moving on to carrying out real tasks within the prison after acquiring the necessary experience. This training would be overseen by specialists and take place in seven different prisons. As of January 2022, 71 people had completed the training programme and 65 people were in training.

The different roles of prison administration staff are as follows:

• Prison guards (Corpo da Guarda Prisional - CGP), constituting the majority of personnel (63.2% in 2017)

• Administrative personnel (IT, registrar, bursar…)

• Educational personnel

• Medical personnel

• Management ¹