| Code on the Enforcement of Custodial Sentences and Measures (Lei n.º 115/2009, que aprova o Código da Execução das Penas e Medidas Privativas da Liberdade) | The allocation of detainees takes into account (i) the organization of custodial establishments and (ii) the initial assessment of the detainee, as well as their legal and criminal status, gender, age, health, previous sentences, the nature of the crime committed, sentence length, requirements of order and security, execution regime, proximity to family, social, educational, and professional environment, the advantages of promoting it and the requirements of approaching freedom, the need to participate in certain programmes and activities, including educational ones, the need for special protection and the fulfilment of specific needs. It also stipulates that assignment to a custodial establishment or unit is the responsibility of the Director-General and, whenever possible, the sentenced person must be heard about their allocation. There must be establishments or units specifically dedicated to the execution of sentences and measures involving: detainees in remand; b) detainees serving their first sentence; c) young detainees up to the age of 21 or, whenever it is beneficial for their treatment, up to the age of 25; female detainees; and detainees in need of special protection. |