First, the cost of the excess incarceration has no place in a legal document. They are simply trying to gin up support for their conclusion.
Second, isn’t it standard practice to extend sentences due to infractions of prison rules? Clearly, they can delay early release for misbehavior. Some mechanism needs to be in place so that the prison officials can hold something over the inmates heads to induce good behavior during the final days. Otherwise, some inmates would beat up people they don’t like just before they leave.
“Second, isn’t it standard practice to extend sentences due to infractions of prison rules?”
That would require Due Process.
Yeah, I read it in Les Miserables.