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HB 57 Will Come Up on House Floor on Tuesday

Brandon Moseley

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By Brandon Moseley
Alabama Political Reporter

On Tuesday, the Alabama House of Representatives is expected to debate The Women’s Health and Safety Act, HB 57, sponsored by State Representative Mary Sue McClurkin (R) from Indian Springs.  The Women’s Health and Safety Act is part of the House Republican Caucus’s “We Dare Defend Our Rights” Agenda the Caucus announced before the 2013 Regular Session began.

State Representative Kurt Wallace (R) from Maplesville said on Facebook Monday, “I would like to ask all of you that read my posts to please keep the legislature in your prayers tomorrow. The first bill up is HB57. This bill will require Abortion Clinics to meet standards that are expected in virtually all clinics that do medical procedures in Alabama. These standards will require a doctor and nurse to be present during the procedure and they will have to be able to send the patient to a local hospital should things go wrong. This bill is designed to protect both the mother and child.”

Rep. Jim McClendon (R) from Springville told ‘The Alabama Political Reporter’ on Sunday that HB 57 gives abortion clinics the same standards as other outpatient clinics.  One of the issues that HB 57 addresses is that out of state abortion doctors often perform the procedures then leave, so there is no doctor on the premises in case of complications.  HB 57 requires them to be present to deal with complications and to have hospital admitting privileges.  McClendon said, “I think HB 57 will be contentious.”

Rep. McClurkin said in a written statement, “Abortions are, sadly, legal in this country.  Given this unfortunate truth, common sense should tell us that an abortion clinic should be held to the same high standards as any medical office that practices invasive procedures.  We must ensure that dangerous, unregulated, fly-by-night clinics will be shut down because, sadly, the state of Alabama has more health regulations in place to protect your cat or dog at a vet clinic.”

Speaker of the Alabama House Mike Hubbard (R) from Auburn said, “Rep. McClurkin has consistently been a strong advocate for children and women during her tenure in the legislature. Her tireless efforts to protect the right to life make her a perfect sponsor for this bill.”

The Alabama House Republican Caucus in a written statement that they proposed the Women’s Health and Safety Act to address long standing dangerous and unsanitary conditions in the Alabama abortion industry.  The Caucus wrote, “States may enact meaningful abortion-related reforms, and the Women’s Health and Safety Act is such a measure.  With this bill, House Republicans make clear that should a woman choose to have an abortion, it should be performed in the safest pre-and-post operative environment available.  Specifically, this legislation would require direct physician involvement and set mandatory standards for nursing care and post-operative follow-up visits at abortion clinics as well as establishing severe penalties for non-compliance.”

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Pro-abortion activists are expected to attend the session to attempt to lobby the legislature not to pass the tougher regulatory standards on Alabama abortion clinics. They argue that stricter regulation of the abortion clinics will lead to fewer abortion clinics operating in the state of Alabama.  Similarly Pro-Life groups are likely to also be in attendance supporting the legislation.

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Legislature

Medical marijuana bill “is not about getting high” — it’s “about getting well.”

Bill Britt

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More than half of U.S. states and the District of Columbia have legalized medical marijuana in some form. Last week, the Alabama Senate Judiciary Committee passed SB165 on an 8 to 1 vote. If the measure becomes law, it will allow Alabama residents to obtain medical marijuana under rigorously imposed conditions.

Known as the Compassion Act, SB165 would authorize certain individuals to access medical marijuana only after a comprehensive evaluation process performed by a medical doctor who has received specific training.

“I care for people who are ill, and I try to reduce their suffering to the best of my ability, using the tools at my disposal that are the safest and most effective,” said Dr. Alan Shackleford, a Colorado physician who spoke before the Judiciary Committee. “Cannabis is one of those tools.”

Shackleford, a Harvard trained physician, has treated more than 25,000 patients at his medical practice over the last ten years, he says a large number of his patients have benefited from medical cannabis.

While there are detractors, the Compassion Act is not a hastily composed bill but is, in fact, the result of a year-long study by the Alabama Medical Cannabis Study Commission that voted to approve the legislation by an overwhelming majority.

“It’s a strong showing that two-thirds [of the commission] thought the legislation was reasonable and well-thought-out,” said Sen. Tim Melson, R-Florence, after the commission vote.

Melson, who chaired the commission, is a medical researcher and is the lead sponsor of SB165.

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Two-thirds of Americans say that the use of marijuana should be legal, according to a Pew Research Center survey. “The share of U.S. adults who oppose legalization has fallen from 52 percent in 2010 to 32 percent today” according to Pew. The study also shows that an overwhelming majority of U.S. adults (91 percent) say marijuana should be legal either for medical and recreational use (59 percent) or that it should be licensed just for medical use (32 percent).

These numbers are also reflected in surveys conducted by Fox News, Gallup, Investor’s Business Daily and others.

“This bill is not about getting high. This bill is about getting well,” says Shackleford.

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Cristi Cain, the mother of a young boy with epilepsy that suffers hundreds of seizures a day, pleaded with lawmakers to make medical cannabis legal.

“This body has said so many times that your zip code should not affect your education,” Cain told the committee. “Well, I don’t believe that your area code should affect your doctor’s ability to prescribe you medication. If we were in another state, my son could be seizure-free.”

SB165 will strictly regulate a network of state-licensed marijuana growers, dispensaries, transporters, and processors.

There will be no smokable products permitted under the legislation and consumer possession of marijuana in its raw form would remain illegal.

“The people of Alabama deserve the same access to treatment as people in 33 other states,” said Shackelford.

 

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Education

Opinion | Instead of fixing a school for military kids, how about just fixing the schools for all kids?

Josh Moon

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The education of police officers’ kids isn’t worth any extra effort. 

Same for the kids of nurses and firefighters. Ditto for the kids of preachers and social workers. 

No, in the eyes of the Republican-led Alabama Legislature, the children of this state get what they get and lawmakers aren’t going to go out of their way to make sure any of them get a particularly good public education. 

Except, that is, for the kids of active duty military members stationed at bases in this state. 

They matter more. 

So much so that the Alabama Senate last week passed a bill that would create a special school to serve those kids — and only those kids. To provide those kids — and only those kids — with a quality education. 

An education better than the one available right now to the thousands of children who attend troubled school systems, such as the one in Montgomery. 

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The charter school bill pushed by Sen. Will Barfoot at the request of Lt. Gov. Will Ainsworth carves out a narrow exception in the Alabama Charter School law, and it gives the right to start a charter school located at or near a military base — a school that will be populated almost exclusively (and in some cases, absolutely exclusively) by the kids of military members. 

The explanation for this bill from Barfoot was surprisingly straightforward. On Tuesday, Ainsworth’s office sent information packets around to House members to explain the necessity of the bill. 

In each case, the explanation was essentially this: the Maxwell Air Force Base folks don’t like the schools in Montgomery and it’s costing the state additional federal dollars because top-level personnel and programs don’t want to be in Montgomery. 

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And in what has to be the most Alabama response to a public education problem, the solution our lawmakers came up with was to suck millions of dollars out of the budget of the State Education Department budget and hundreds of thousands out of the budget of a struggling district and use it to build a special school that will provide a better level of education to a small group of kids simply because it might generate more federal tax dollars. 

And because having your name attached to a bill that supposedly aids the military looks good, so long as no one thinks about it too hard. 

But in the meantime, as this special school is being built, the hardworking, good people of Montgomery — some of them veterans and Reservists themselves — are left with a school district that is so recognizably bad that the Legislature is about to build a special school to accommodate these kids. 

Seriously, wrap your head around that. 

Look, this will come as a shock to many people, but I like Will Ainsworth. While we disagree on many, many things, I think he’s a genuine person who believes he’s helping people. 

The problem is that he is too often surrounded by conservatives who think every issue can be solved with a bumper sticker slogan and screaming “free market!” And who too often worry too much about the political optics and too little about the real life effects. 

And Montgomery Public Schools is as real life as it gets.

Right now, there are nearly 30,000 kids in that system. And they need some real, actual help — not the window dressing, money pit BS they’ve been handed so far through LEAD Academy and the other destined-for-doom charters. And they sure as hell don’t need a special charter for military kids to remind them that the school system they attend isn’t good enough for the out-of-towners. 

Stop with the facade and fix the school system. 

You people literally have the power and the money to do this. Given the rollbacks of tenure laws and the passage of charter school laws and the Accountability Act, there is nothing that can’t be done. 

Listen to your colleagues on the other side, who took tours recently of charter schools in other states — charters that work with underprivileged students and that have remarkable success rates. Hell, visit those charters yourself. Or, even better, visit some states that have high performing public schools in high poverty areas, and steal their ideas. 

But the one thing you cannot do is leave children behind. Whatever your solution, it cannot exclude some segment of the population. It cannot sacrifice this many to save that many. 

That sort of illogical thinking is what landed Montgomery — and many other areas of the state — in their current predicaments. Carving out narrow pathways for a handful of students has never, ever worked. 

Let’s stop trying it.

 

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Crime

ADOC investigating possible suicide at Easterling Correctional Facility

Eddie Burkhalter

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The death of a man serving in the Easterling Correctional Facility in Barbour County on Sunday is being investigated as a possible suicide. 

Marquell Underwood

Marquell Underwood, 22, was found in his cell unresponsive at approximately 4 p.m. on Sunday, according to a statement by the Alabama Department of Corrections. 

Underwood was being held in solitary confinement, known as “segregation” cells in Alabama prisons. Suicides in such isolated cells is central to an ongoing lawsuit against the Alabama Department of Corrections. 

“He was not on suicide watch. All attempts at life saving measures were unsuccessful,” The statement reads. “ADOC cannot release additional details of the incident at this time, pending an ongoing investigation and an autopsy to determine the exact cause of death.” 

Underwood pleaded guilty of murder in the 2015 shooting death of Gregorie Somerville in Tuscaloosa and was sentenced to life in prison. 

Underwood’s death is at least the second preventable death inside state prisons this year. 

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Antonio Bell’s death on Jan. 9 at Holman prison is being investigated as a possible drug overdose. 

Last year at least 6 people serving in Alabama prisons died as a result of suicide, according to news accounts. During 2019 there were 13 homicides in state prisons, and as many as 7 overdose deaths, according to news accounts and ADOC statements. 

The Southern Poverty Law Center’s 2014 lawsuit against the Alabama Department of Corrections over access to mental health care for incarcerated people is ongoing. 

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“The risk of suicide is so severe and imminent that the court must redress it immediately,” U.S. District Judge Myron H. Thompson wrote in a May 4, 2019, ruling. 

Judge Thompson in a 2017 ordered required ADOC to check on incarcerated people being held in segregation cells every 30 minutes, to increase mental health staffing and numerous other remedies to reduce the number of preventable deaths. 

“The skyrocketing number of suicides within ADOC, the majority of which occurred in segregation, reflects the combined effect of the lack of screening, monitoring, and treatment in segregation units and the dangerous conditions in segregation cells,” Thompson wrote in his order. “Because prisoners often remain in segregation for weeks, months, or even years at a time, their decompensation may not become evident until it is too late—after an actual or attempted suicide.” 

The SPLC in a Jan. 2019 filing wrote to the court that “the situation has become worse, not better, since the Liability Opinion. There have been twelve completed suicides since December 30, 2017…Defendants fail to provide the most basic monitoring of people in segregation. Defendants fail to do anything to learn from past suicides to prevent additional suicides.”

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Crime

Early morning contraband raid at Easterling Correctional Facility

Eddie Burkhalter

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The Alabama Department of Corrections on Tuesday raided the Easterling Correctional Facility in Barbour County to collect contraband. 

More than 200 officials from ADOC, state Bureau of Pardons and Paroles, Department of Natural Resources, Game Warden Division, and Russel and Coffee County Sheriff’s departments conducted the early morning search, according to an ADOC press release. 

“Operation Restore Order is a critical initiative designed to create safer living and working conditions across Alabama’s correctional system,” ADOC commissioner Jeff Dunn said in a statement. “The presence of Illegal contraband including drugs, which undoubtedly is perpetuated by the presence of illegal cell phones, is a very real threat we must continue to address.” 

“Additionally, our aging and severely dilapidated facilities are constructed of increasingly breakable materials that ill-intentioned inmates can obtain and fashion into dangerous weapons. The presence of illegal contraband puts everyone at risk, and action – including Operation Restore Order raids – must regularly be taken to eliminate it,” Dunn’s statement reads. “We remain committed to doing everything in our power to root out the sources of contraband entry into our facilities, and will punish those who promote its presence to the full extent of the law.”

ADOC is developing plans to conduct more of these larger raids, in addition to smaller, unannounced searches, which prison officials hope will help the department “develop intelligence-based programs to identify contraband trends and provide necessary intelligence to identify corruption indicators.” 

“The public should contact ADOC’s Law Enforcement Service Division at 1-866-293-7799 with information that may lead to the arrest of anyone attempting to introduce illegal contraband into state prisons. The public may also report suspicious activity by going to the ADOC Website at http://www.doc.alabama.gov/investigationrequest.”

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