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The administration argues that conditions are improving, in part because of the out-of-state transfers and because the state is spending more on medical and mental health care. It will spend $2.2 billion this year to treat, house and guard physically and mentally ill inmates, a 550 percent increase since 1995. The prison's population grew about 30 percent during the same period. Annual health care spending has increased from $2,714 per inmate in 1995 to $13,778 this year, according to the state Department of Finance. Administration lawyers credited a court-appointed receiver's oversight of inmate health care for many of the recent, if costly, improvements. But the administration is fighting the receiver's demand for an additional $8 billion to build seven inmate medical and mental health centers at a time when the state faces an $11.2 billion budget deficit. Schwarzenegger and Republican state lawmakers promise an appeal directly to the U.S. Supreme Court if they lose the case. The state is trying to focus the judges' attention on the consequences of ordering prisoners freed before they complete their full sentences. "Releasing 50,000 inmates to the streets is obviously a public safety risk and it doesn't fix the problem," Corrections Secretary Matthew Cate said in an interview. "There are still underlying problems and we want to fix them. Early release, though, isn't the way to do that." The judges are acting for the first time under the federal Prison Litigation Reform Act of 1995. The act requires the judges to initially find that crowding is the main cause of substandard conditions, a ruling they are likely to make this week. They then can order inmates released only if they find there are no other options for improving care. The judges hope to complete the second phase of the trial by Christmas. "No one's on the same track as California at this point," said Amy Fettig, a prison lawyer with the American Civil Liberties Union. "It tells you they're in deep, deep trouble."
[Associated
Press;
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