Places of Long-Term Deprivation of Liberty passed does not consider the provision made in Spanish legislation whereby under certain circumstances a custodial sentence can be replaced by removal from the country. whereby under certain 362. First-degree imprisonment, also referred to as “closed regime”, involves the application of high security criteria and constitutes the most restrictive type of living conditions considered by prison regulations. This regime applies to convicted inmates that are considered to be extremely dangerous or clearly unsuited to the ordinary regime (second degree) and open regime (third degree). The exceptional nature of this regime is apparent from official statistics, whereby (as indicated in paragraph 317), in December 2010, 1.76% of the inmate population is classified as first degree. First degree, “closed Many of the prisons visited had a specific block or department for this purpose, where voluntary activities are organised to enable these inmates to undertake certain activities on their own and, as they make progress, they can join activities in small groups, upholding certain minimum rules of coexistence, and with the ultimate aim being to allow them to step up a degree. Accordingly, although outside the year covered by this report, it should be welcomed that Royal Decree 419/2011, of 25 March, has introduced a third section into article 90 of the RP, making it mandatory to design a specific intervention programme to guarantee individual care for those inmates in a closed regime. Many of the prisons visited 363. Although, on occasions, first-degree prisoners have been identified with the inmates included in the so-called “Files on Inmates Subject to Special Monitoring” (FIES), which also includes major drug smugglers, terrorists and public sector workers from the police and prison services who are serving sentences. During the drafting of this report, the aforementioned Royal Decree 419/2011 amended the RP, raising the statutory status of this matter, previously addressed by an internal instruction. Accordingly, pursuant to the new section 4 of article 6 of the RP, files may be opened on inmates for the purpose of safeguarding both their own wellbeing and that of the establishment itself, and under no circumstances shall determine a prison regime other than the one The “Files on Inmates circumstances a custodial sentence can be replaced by removal from the country regime” involves the application of high security criteria and constitutes the most restrictive type of living conditions considered had a specific block for this purpose Subject to Special Monitoring” (FIES) also includes major drug smugglers, terrorists and public sector workers from the police and prison services who are serving sentences dictated by the regulations. 364. It has been noted that, since 2005, the prisons have been implementing a The “Care programme for “Care programme for attending to inmates with physical, mental and sensory attending to inmates with disabilities”. This programme basically involves an initial stage for singling out those people who require special care; this is followed by an intervention stage, with a view to catering for therapeutic and care requirements, pre-empting physical, mental and sensory disabilities” has been under way since 2005 potential risk situations, and even proposing the application of the measures legally provided for according to the status of their court and prison proceedings. The aim of the final stage is to ensure disabled inmates have a release process that is as smooth as possible. During the inspection visits made, it has been noted that THE OMBUDSMAN OF SPAIN 151