Alternatives to imprisonment in Portugal

First draftRome, 29 July 2014

Brief history of prison system

• 1974 – everybody released from prison• 1996 – serious overcrowding, seemingly coming out of

nowhere, reported by Ombudsman • 2001 – political struggle ended by reducing number of

inmates and implementing harsher penal regimes• 2007 – law instituting new prison practices and giving

new rights to inmates• Since then, securitarian criticism (over schools and

sexual abuses) and financial crisis worsened prison conditions and brought harsher staff attitudes

Alternatives to imprisonment

• Trial run for home detention with electronic surveillance for remand prisoners (2003-2007)

• Success of the experience able to offer home detention and access to work with electronic surveillance to some inmates who request it

• Community work, mainly for traffic offences

Other non custodial pretrial measures

• Fines (those who cannot afford to pay are allowed to serve days in jail in lieu of payment)

• TIR (termo de indentidade e residência) is used to oversee individuals awaiting trial

• Several forms for control of individuals awaiting trial, such as reporting to police station weekly or biweekly; house arrest; prohibition of contact with some people

Other non custodial pretrial measures (2)

• VIPs can be prohibited from living the country and/or exercising their profession (such as banking or politics)

Other non custodial penalties

• Suspended sentences of up to three years• Semi prison (weekends in prison, almost all for

traffic offences)• Early release (half time review and 5/6

mandatory release) (depends on TEP – Tribunal de Execução de Penas)

• RAI/RAE – open regimes to work inside or outside prison (depends on head of prison system)