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So he may be persuaded to impose a lower prison term than the government wants.
It would generally be impossible for the state to unilaterally lower prison spending without first cutting the prison population dramatically.
The state is also likely to save between $450 million and $550 million over the long term in lower prison construction costs.
So Mr. Brownstein will not avoid justice, even with a guilty plea to a charge that will result in a lower prison sentence.
In a few years, according to the state's analysis, the measure will probably result in net savings of $100 million to $150 million annually from lower prison operation costs.
He did not include any money for that purpose in his proposed 2001-2002 budget, released on Tuesday, but he said the drug treatment would be paid for by lower prison costs, predicting that his proposals would reduce the prison population by more than 5,000.
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In addition, given the presence of smoking bans in some prisons in 2004, survey estimates of current smoking were lower in prison than before arrest.
Support is growing instead for steps to lower the prison population, address those factors that put blacks behind bars in disproportionate numbers, and re-emphasise therapy over prison for drug offenders.
She is likely to be moved to a lower security prison within weeks if not days to serve out her sentence.
A federal court says the state must lower its prison population by an additional 9,600 inmates this year to improve inmate medical and mental health care, which are at the heart of a long legal battle.
Monday's ruling will force the state to lower its prison population by some 33,000 inmates over the next two years.
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