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Concealed Carry Background Checks Ignored

June 11th, 2018 by Mike Vasilinda

Commissioner of Agriculture and GOP candidate for Governor Adam Putnam is under fire tonight after an employee overlooked disqualifying information for more than 300 concealed weapons applicants and issued permits to them anyway. But as Mike Vasilinda tells us, even with the permits, another background check would have kept the person from getting a gun.

Information on people buying a gun in Florida is run through three databases. Gun dealer Mark Folmar says a concealed carry permit does eliminate a waiting period, but not background checks.

 

“They would have to pass a criminal background check before we could give than a gun, even if they had a concealed weapons permit” says Folmar.

For more than a year and employee at the Department of Agriculture overlooked disqualifying information. New background checks were run on 365 people. 291 were disqualified and had their permits revoked.

“The person responsible was fired, and the Department says safeguards are in place.”

 

The NRA sent out a weekend alert, explaining the problem to its membership.

“One point eight million license holders had doubt cast upon them, and we needed to clear the record” says former NRA President Marion Hammer.

In a rare Saturday news conference, Putnam said the original story was wrong.

“The headlines and the stories that say there were no background checks for a year is inaccurate and misleading.”

But Mom’s Demand Action Spokesperson Kate Kile says the problem is an agency too eager to push permits out the door.

 

“What we believe is that there should be an abundance of caution, and we should look through every piece of information that’s relevant” says Kile.

Following the Parkland shooting, Putnam dropped plans to expedite concealed carry permits when background checks were inconclusive.

Two Democratic State Senators, one who represents Orlando where the  Pulse night club shooting took place, and the other Parkland, today called for an investigation into the permit mishap.  In recent years, the state has lowered the cost of a concealed carry permit and made it easier for people to apply by allowing local tax collectors to handle the paperwork.

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New Poll Shows Only Four out of 13 Constitutional Amendments With Enough Support to Pass

June 11th, 2018 by Jake Stofan
A new poll released by the Florida Chamber of Commerce shows only four out of 13 amendments appearing on the November ballot with the 60% voter approval required for passage.
“Things can change. We’re talking almost six months away where voters will have time to be informed,” said Andrew Wiggins with the Chamber.
The four amendments currently over 60% approval are:
Amendment 1, which would increase the homestead exemption.
Amendment 3, which would give voters more control of gambling in the state.
Amendment 7, which creates new benefits for families of fallen first responders and military members.
And Amendment 8, which would establish term limits for school board members and take away the authority of school districts to approve or deny new charter schools in their jurisdictions.
One of the closest items is Amendment 2, which would limit property tax increases to ten percent for businesses.
The amendment, favored by Florida Realtors, is hovering at 58%…two points shy of passing.
“We already see that a majority of Floridians see how important this is and how it will impact all consumers,” said Carrie O’Rourke with Florida Realtors.
One surprising finding is that only 34% of voters say they would vote yes on requiring a supermajority of the Legislature to approve any new taxes.
The proposal is the brainchild of Governor Rick Scott.
“What people want is a fair tax structure and should this amendment pass we would never be able to make it fair,” said Karen Woodall with the Florida Center for Fiscal and Economic Policy.
The long list of amendments on the ballot makes voter fatigue a concern, but nine out of ten voters surveyed say they intend to consider each amendment.
“I think this year, voters are really looking at how they can control what’s happening and they’re going to want to look at each one and what ever gives the voter more input on what happens at a state level is what they’re going to vote for,” said Wiggins.
As of now increased benefits for families of fallen first responders and military members has the highest support with 80% saying they’d vote yes.
Term limits for school board members comes in a close second with 75% approval.
Amendment 10 has the lowest amount of voter support with only 31% saying they’d vote yes.
It would prohibit counties from abolishing certain local offices and add new executive offices to the state constitution.

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Activists Rally for $15 Minimum Wage

June 11th, 2018 by Jake Stofan
About 100 people from Orlando and Homestead rallied at the state Capitol this afternoon to support a path to citizenship for undocumented immigrants and raising the minimum wage to $15 an hour.
The rally is part of the Poor People’s Campaign, which has been holding weekly rallies to raise awareness of inequality in the state.
The campaign says 51% of the state’s population or 10.1 million Floridians are considered poor or low income.
Jose Garcia is 18. He says low wages are particularly harmful to immigrants.
“We don’t really live a good life knowing how everything is right now and we worry about so many things and some people are not with their families so they worry more,” said Garcia.
The campaign in Florida is one of three dozen movements nationwide.

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Florida Gets $19.2 Million to Beef Up Elections Security

June 8th, 2018 by Jake Stofan
Florida has received $19.2 million in federal funds to help beef up election security ahead of the 2018 election.
The state first said it wouldn’t seek available federal money to increase election security.
Then the Governor ordered an about-face.
The state received the money Thursday, which will be divided up amongst the state’s supervisors of elections.
Leon County Supervisor of Elections Mark Early says it’s up to each county to decide what it needs.
“Improving firewalls, hardening our network infrastructure, just some of the smaller counties frankly, they have a hard time with budget cuts and all that kind of thing,” said Early.
Some like Ron Labasky with the Association of Elections Supervisors are advocating for new software to help detect when an elections system has been breached.
“Then they can begin to look at where that intrusion may be coming from so that they begin to back up and ensure that there’s no access that’s available,” said Labasky.
While others like former Leon County Supervisor of Elections Ion Sancho say the most pressing issue is implementing electronic auditing systems.
“The law actually requires that a sham audit be done, which cannot in fact scientifically verify attacks on the system,” said Sancho.
Before any of the money can be spent it has to be approved by the Joint Legislative Budget Commission.
Early says the hope is to put the funds to good use before November.
“Time is critical here. I think most counties have good solutions in place,” said Early. “I think some counties are having funding issues and while they may have good processes they can always be improved.”
So far the Joint Legislative Budget Commission has not scheduled a meeting.
In addition to the new federal dollars the Department of State is in the process of hiring five cyber security specialists to support state and local officials during the 2018 election.

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Can Judges be Facebook Friends with Lawyers

June 7th, 2018 by Mike Vasilinda
Should a judge disqualify themselves from a case because they are social media friends with one of the lawyers in a case they are deciding?
That’s a question before the Florida Supreme Court, and the case should make judges everywhere nervous.
A Miami Circuit Judge was a Facebook friend of a local attorney.  
 
A company being sued by its former lawyers hired that attorney to help defend their case. 
 
The law firm asked the judge to recuse herself based on the Facebook friendship. She refused.
The lawyers seeking the disqualification say the friendship just doesn’t look right.
“Because of the violation of the code of judicial conduct,” said Maury Udell, the attorney representing the plaintiff. 
Two lower courts have already ruled against the law firm. 
 
Several justices suggested it could also be a loser at the state’s high court.
“I don’t think its persuasive at all,” said Justice Alan Lawson.
But Justice Barbara Pariente said the judge should have know better because of two previous opinions from a judicial ethics panel.
“I would have though that after these opinions, judges wold not have lawyers as Facebook friends,” said Pariente.
The insurance company who hired the judge’s lawyer friend told the court it has to trust judges.
“Judges will abide by their oath that they will follow the cannons of judicial conduct as they have sworn to do,” said Suzanne Labritt with USAA.
What the law firm didn’t establish is that the judge and lawyer actually used Facebook to regularly communicate.
“Well, now we need to get more,” said Attorney Reuvin Herssein. “So now, I need to know, what did the judge say to this Facebook friend. Did she discuss my case? I don’t know.”
A decision is pending. 
 
Ironically, the case was streamed Live on Facebook.   
 
The court indicated news rules on using Facebook could be coming for all judges in the state. 
 
The justices made it clear they were not Facebook users. 
At stake in this case is several million dollars in disputed legal fees.

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Schools Seek Clarity on Hope Scholarship

June 7th, 2018 by Jake Stofan
Florida school officials are seeking clarity on a new scholarship program for bullied students.
The Hope Scholarship Program gives students an avenue to escape bullying by offering them vouchers for a private school.
Representative Byron Donalds sponsored the legislation.
“What we’ve never done is focus on the victim and that’s what we’re doing in this legislation,” said Donalds.
But some school officials worry the way the law was written makes it difficult to ensure the money will go to students who need it most.
The law requires schools to tell bullied students a voucher is available within 15 days of an incident being reported.
“So the question that districts are asking is if the report has to be substantiated or not,” said Andrea Messina, Director of the Florida School Boards Association.
The law doesn’t specify. Leaving the door open for a student to falsify a bullying incident and still be granted the scholarship.
The scholarship was a priority for House Speaker Richard Corcoran and faced staunch opposition from Democrats and education advocates.
“This is just another scheme that is designed to enrich private institutions,” said Rich Templin with the Florida AFL-CIO.
The State estimates $27 million will be available for the Scholarship in the next year.
But with no requirement to validate claims, the scholarship could be vulnerable to abuse.
“They want to keep students safe that’s their number one priority,” said Messina. “They really want to make sure that the students who get this scholarship are the student in most need,” said Messina.
But Donalds says the language was left open intentionally to prevent the possibility of a school dismissing legitimate reports.
“There were instances where school districts were not substantiating actual violence occurring in schools,” said Donalds.
The Department of Education’s can’t require complaints be substantiated on its own. It would require the Legislature to rewrite the statute.
The state expects 7,300 Hope Scholarships to be awarded in the next year.

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Smokeable Marijuana Stay Lifted

June 6th, 2018 by Mike Vasilinda

A circuit court judge has once again told the state to make medical marijuana available to patients in a smokeable form, and this time, as Mike Vasilinda tells us, she set a deadline for Monday of next week.

30 year ALS survivor Cathy Jordan told the court that smoking marijuana is the only reason she haas survived after being told she had three to five years to live.

“It just makes my live a lot more bearable” 

A second patient, Diana Dobson, testified smokable marijuana was twice as effective as other delivery methods.

“I have used all forms of Cannabis” she said under oath.

 

Circuit Judge Karen Geivers said both women would face irreparable harm if her order allowing smokeable medical marijuana remained on hold.

Jeff Sharkey of the Medical Marijuana Business Association says the judge put patients first.

“If your doctor says this is what works for you and you have a significant medical condition like cancer, like ALS, you should be able to do that if it helps.”

 

Attorney John Morgan, who filed the suit on behalf of the two women, has been relentless in his calling for the Governor to drop his appeal. Democratic Gubernatorial Candidate Andrew Gillum is making the same ask.

Sot: Andrew Gillum

“He’s dragging his feet and preventing badly needed health care from getting to people who need it most in the form that they choose it” says Gillum. 

The judge gave the state until Monday, June 11th to come up with a plan to make smokeable marijuana available to patients.”

Unless the Governor decides to drop the case, the next likely step for the state to seek a stay of the newest ruling, just as it did with the original order.

In court, the state told the judge it would take sixty days or more to develop rules for dispensing  smokeable medical marijuana…and it argued it would likely take suppliers at least that long to bring the product to market.

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Democrats Bash NRA Questionnaire For Being Sent Too Soon After Parkland

June 6th, 2018 by Jake Stofan
The NRA is asking Florida lawmakers where they stand on gun issues.
The 11 question survey sent to Florida politicians is sparking controversy, with some Democrats taking offense to some of the issues it raises.
“I have no interest in their questionnaire,” said Tallahassee Mayor and Gubernatorial Candidate Andrew Gillum.
Anna Eskamani, a Democrat running for an Orlando House seat shred the NRA on Twitter for sending the questionnaire just two weeks before the two year anniversary of the Pulse night Club shooting.
Marion Hammer with the NRA says surveys like this one are normal.
“When candidates ask you to vote for them, you have a right to know where they stand on your issues,” said Hammer.
Questions on the survey ask lawmakers whether they would support repealing many parts of the Marjory Stoneman Douglas High School Public Safety Act including the ban on bump stocks, the three day waiting period for firearm purchases and the new age limit to purchase guns.
Gillum says it’s despicable to suggest repealing those laws less than 4 months after the Parkland shooting.
“And yet the NRA is already attempting to shake down and intimidate lawmakers into bending to their will,” said Gillum. “Well they won’t get that here.”
But the NRA says the response from Democrats is typical.
“This is not the first time Democrats have had seizures over getting a questionnaire from the NRA,” said Hammer.
The NRA will use the responses to the survey to help inform the grade they give to lawmakers.
They’ll also look back at previous votes taken on second amendment issues.
The NRA says it’s already begun to receive some of the surveys back from lawmakers.
The group expects most of the responses to come in closer to the deadline, which is in a few weeks.

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Billionaire Enters Democratic Primary for Governor

June 5th, 2018 by Mike Vasilinda

A fifth candidate has entered the Democratic Primary for Governor, and like our current Governor, as Mike Vasilinda tells us, he has the personal resources to finance the campaign himself. 

Palm Beach Billionaire Jeff Green became an official candidate Monday. But unlike most campaigns…Green has been stealth. No announcement, no statements, yet.

“Good afternoon. This is my wife” he said as he introduced himself in 2010.

Green ran in and lost the Democratic Primary for the US Senate in 2010.

 

“I’m a jobs creator. An outsider who’s not taking any special interest money. My whole life I worked in the private sector, created thousands of jobs. I understand how to get results” Greene told reporters on the eve of the primary.

Greene made a fortune betting on the housing collapse. As unemployment soared, It made him an easy target. The entire Democratic establishment was against him.

A campaign ad from a group called “Florida’s not for Sale” took him to task.

“He made hundreds of millions on Wall Street, betting we couldn’t pay our mortgages, profiting on suffering.”

 

Jon Ausman advised Greene in 2010.

“He actually carried the majority of the counties.  Thirty four out of sixty seven in Florida. He got killed in the larger counties.”

Rick Scott spent more than 70 million of his own money to get to the Governor’s Office. With three billion in the bank , Greene had said if he became a candidate, he’d spend what ever it takes. Now he’s a candidate.

Rick Scott spent more than 70 million of his own money to get here. With more than three billion in the bank Green said before becoming a candidate he would spend whatever necessary if he got in the race. Now he is. 

 

Ausman said he was hard to get to know.

Q:“What was he like one one one?”

“It’s hard for him to go one one one, frankly, he’s shy.”

And his fortune makes him an instant contender in what so far has been a lackluster race.

In 2010, Green was criticized for celebrity parties on his 135 foot yacht. He has since established a school in Palm Beach County and has pledged to donate his wealth to charity after his death.

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Health Experts Warn Florida Students At Risk of Lead Exposure

June 5th, 2018 by Jake Stofan
Health experts are warning Florida children are likely being exposed to heightened levels of lead in their school drinking water.
The toxic substance can cause IQ loss and even aggressive behavior.
“We will never know with 100% certainty whether exposure to lead played a significant roll in the dozens of shootings that have occurred over the years,” said Dr. Ron Saff with the Allergy & Asthma Diagnostic Treatment Center in Tallahassee.
Tests conducted in 16 schools in the state’s capital city found all of them had elevated levels of lead in their water fountains.
Even a water fountain tested in the state’s Capitol building was found to have lead levels 11 times higher than what is recommended by the American Academy of Pediatrics.
It’s believed similar lead levels exist in water throughout the state.
“The lead is not coming from the aquifer, that water is very clean, but it comes in through the pipes, through the plumbing,” said Vincent Salters, Director of Geochemistry at FSU. “That’s where it is and that is the same anywhere.”
Structures built before 1986 are at the highest risk.
That’s because lead levels in pipes weren’t regulated until then, but even pipes built after 86 can contain up to 8% lead.
“There’s no safe exposure to lead,” said Dr. Saff.
Health experts are calling on the Legislature pass legislation that would require schools to filter their water fountains to reduce exposure.
“We’re in exactly the same situation as Flint, Michigan because we are taking chances with our children,” said Linda Young, Director of the Clean Water Network of Florida. “We’re taking big chances.”
It’s estimated filtering school fountains throughout the state would cost $24 million.
U.S. Senator Bill Nelson is asking for Federal funds to go towards lead testing in public schools.
Health experts say to ensure the water you drink is lead free, installing a simple filter such as a Brita on your tap is an effective way to remove the toxin.

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Smokeable Marijuana Back in Court

June 4th, 2018 by Mike Vasilinda

The legality of medical marijuana patients using smokable medicine remains in legal limbo tonight after a hearing in the State Capitol. As Mike Vasilinda tells us, the state wants smokable marijuana put on hold after a judges ruling, while supporters want patients to get smokable marijuana as soon as possible.

Circuit Judge Karen Geivers ruled ten days ago that smokable medical                    marijuana was permitted by the constitution and isn’t prohibited by the law the governor signed. The decision was automatically put on hold when the state appealed.

“All rise”

Monday, lawyers were back in court arguing the stay should be lifted and smokable marijuana should be available as quickly as possible.

 

Jon Mills is the Amendment 2 author. “There is a high prevalence in the state of Florida and risk to those with debilitating medical conditions who are denied access.”             

The state pushed back, with Senior Assistant attorney General Karen Brodeen arguing allowing smokable pot would send the wrong message.

 

“People will read it different ways and subjectively say, now I can smoke marijuana because I have of these triggering conditions. Even though they never went to a doctor.”

And the lawyers for Amendment two say the states fear that everyone will start lighting up if the ban is lifted just isn’t reasonable.

 

“That could seen as blowing smoke. But you can’t…you have to have a certification”Mills said afterward.

Attorney John Morgan who bankrolled the marijuana initiative immediately took to twitter to urge people to call the Governor.

“Smoking marijuana for medical purposes is vital for our veterans” Morgan said in a recorded video aimed at Governor Rick Scott.

And a final decision could be a year or more away if the case is appealed to the State Supreme Court. The big question. Will smoking be allowed during the appeal.”

The judge did say she would delay implementing her order for a week so that state lawyers could prepare an appeal if the judge rules against them.

 

 

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Most ALFs and Nursing Homes Still Don’t Have Generators

June 4th, 2018 by Jake Stofan
Florida’s 695 Nursing homes and 3,101 Assisted Living Facilities are required under a new law to install permanent generators capable of cooling for 96 hours or come up with a temporary solution by June 1st.
The new generator law was put in place after a dozen elderly residents died of heat stroke in a south florida nursing home after it lost power in Hurricane Irma.
Now, hurricane season is underway and a state agency shows the vast majority of nursing homes and assisted living facilities in the state have not installed generators.
Numbers released by the Agency for Health Care Administration a week before the deadline showed 74% weren’t in compliance.
“I do think the numbers do seem very low,” said Shaddrick Haston, CEO of the Florida Assisted Living Association. “However, I believe that there are a lot of facilities that are currently in compliance or that they’re waiting for additional information to come back.”

 

139 facilities had installed permanent generators and 691 facilities were granted an extension.
Kristen Knapp with the Florida Healthcare Association says facilities given an extension have to have other protections in place.
“You know if they have zoning challenges or equipment on order they do have the ability to have a mobile generator moved in,” said Knapp.
Facilities say there are numerous challenges which have made it difficult to come into compliance.
“We’re seeing some of our members have to install tanks,” said Haston. “We’re seeing some of our members have the generators on back order.”
AHCA says it’s received hundreds of submissions from facilities since its last report.
It will be releasing new numbers Friday.
Any facilities still out of compliance will receive a notice of violation and then the possibility of fines or other penalties.
While AHCA only plans to release consolidated numbers once a week, the public can check on the status of individual facilities at www.floridahealthfinder.gov.
That information is updated daily.

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New Ad Depicts Graphic Greyhound Accidents and Confinement

June 1st, 2018 by Jake Stofan

Graphic greyhound racing accidents and living conditions are the subject of a new TV ad soon to be released in Florida.

 

It’s part of a new ad campaign backed by a seven figure purchase by Protect Dogs- Yes on 13.

The goal… show the public the negative side of greyhound racing before they vote on whether to ban it in November.

“This video shines a light on the cruelty,” said Kate MacFall with the Protect Dogs- Yes on 13 campaign.

Jack Cory, a lobbyist for the Florida Greyhound Association says the images in the ad do not represent the industry as a whole.

 

“We exercise the dogs all week, we give them all the proper food, we give them the proper care. We especially give them the proper love,” said Cory.

Pro greyhound racing advocates say if people truly want to protect animals, they should focus their attention on animal shelters and not racing.

 

“115,000 animals are intentionally murdered in the State of Florida every year,” said Cory.

But Greyhound rescuer Sonia Stratemann says greyhound injuries and deaths are more common than the industry wants to admit.

“The State of Florida only requires recording of the deaths of the dogs at the track, so the dogs that I get in are not recorded,” said Stratemenn. “Nobody knows, there’s no recording of any of that.”

The campaign predicts  once Floridians see the ad… the passage of amendment 13 is all but guaranteed.

 

“Florida voters care about dogs, love dogs and will vote yes on amendment 13,” said MacFall.

Protect Dogs- Yes on 13 officially kicks off its campaign Monday.

The campaign says this ad will be the first of many voters will see before November.

 

Pro Racing advocates have filed a lawsuit to have amendment 13 removed from the ballot arguing its language is misleading to voters.

A hearing for the case has yet to be scheduled.

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Elections Officials want more Hacking Info from Feds

May 31st, 2018 by Mike Vasilinda

Following a meeting with U-S Senator Marco Rubio, who has called elections supervisors “overconfident”, Florida election officials say they have security in place to prevent foreign actors from tampering with this years election. And as Mike Vasilinda tells us, they are asking the federal Government to share what it knows. 

In 2016, suspected Russians hackers got into into a Tallahassee company. It provides support to the majority of the states Elections Supervisors. At least five suspicious emails were intercepted before they were opened in county supervisors offices.


Mark Early was one of the Supervisors meeting with US Senator Marco Rubio 

“We don’t think we want a repeat of 2016 where there was information out there that could have been helpful to us, but we can’t get our hands on that data to make good decisions on how to handle any threats we may not know about, so we are doing our best” says the 32 year veteran elections official.

Supervisor told Rubio they were prepared

Q:”Are supervisors overconfident?” We asked Ron Labasky, who represents the Florida State Association of Elections Supervisors.

 

“Absolutely not” he responded. We are confident we are doing everything absolutely possible to insure we are secure.”

The dilemma for Elections Supervisors they don’t know what they don’t know and the Federal Government isn’t sharing what they know.

 

In a statement Rubio said he would push federal officials to share more about Russian sponsored attacks in 2016.”

On a second front, the state has applied from 19 million in Federal funds for increased security. It initially said it would not request the money for this election. Supervisor Early says it could go for backup servers and more.

“Better training…and some things I don’t want to get into.”

The main message from Supervisors: Voting machines are not on line so nobody can mess with your vote…but what no one is promising is that someone won’t play havoc with on line voter databases.

Once the state receives the nineteen million in Federal dollars, a special committee of the legislature will have to approve spending it, and then supervisors will have to submit detailed plans on how they will use it.

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FDC Loosens Grip on Visitation Cuts, Families Still Not Satisfied

May 31st, 2018 by Jake Stofan
Outraged families of inmates and prison reform advocates hammered the State Department of Corrections over proposed cuts to prison visitation hours in a public hearing Thursday morning.
The department say the cuts are the result of staff shortages and its inability to keep contraband from entering prisons.
Former inmate Kyle Williford says families are being blamed, when more often the problem is prison staff.
“It’s physically impossible for that much dope to come through the visitation part,” said Williford.
The department wanted to cut visitation from six hours every week, to just two hours every other weekend.
But following public protest, FDC now says it will allow 6 hours for visitation every other weekend.
“If you take the visits away I will be devastated,” said Cody Calhoun, a young boy who’s father is behind bars.
“Having those visitations those moments, that’s what keeps us pushing forward,” said another family member, Cynthia Cooper.
Emotions boiled over at times as families begged the department to reconsider the impacts of cutting visitation.
“I have done nothing wrong, but be a mother,” said Jodi Chambers. “Let me be a mother to my son and let these people… Look at them! Every one of them wants what I want!”
Chambers’ son is in prison.
“And the visitations for me are allowing me to continue to be his parent. To continue to help him through this current path that he is on,” said Chambers.
With the summer approaching many at the hearing suggested riots may break out in the prisons.
A combination of hot temperatures and hotter emotions from prisoners unable to see their loved ones.
The Department of Corrections is also facing criticism for cutting substance abuse and transitional programs by more than 40%.

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