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Indiana lawmakers are considering a ban on street camping, a move opponents say would criminalize homelessness and create additional barriers for those living unsheltered.
House Bill 1662, authored by Whiteland Republican Michelle Davis, would prohibit camping on public property. Under the bill, a first instance a person found sleeping on a street or sidewalk would result in a warning from police; and a second instance more than 24 hours later could result in a Class C misdemeanor charge. That carries a maximum punishment of 60 days in jail.
Davis told the House Government and Regulatory Reform Committee Monday that the bill came from the Cicero Institute, an Austin, Texas-based think tank that has lobbied several states to ban street camping and direct funds away from “housing first” programs. Housing first is an increasingly popular strategy nationwide that prioritizes providing permanent housing to people experiencing homelessness and offering support services, but not requiring their use as a condition of an individual’s housing.
Devon Kurtz, a Cicero Institute lobbyist, was the sole speaker in support of the legislation Monday, stating that the bill aims to save lives by providing a method for governments to remove homeless people from the streets in extreme situations.
Kurtz said communities are “not experiencing a homelessness crisis, as much as they are experiencing an unsheltered humanitarian crisis.” He told lawmakers that the goal is not for a single person to go to jail, but to provide an incentive to seek shelter for those on city streets. Several other states, including Kentucky and Oklahoma, have recently passed similar model legislation from Cicero into law.
The bill would also require that localities—including police departments and county prosecutors—comply or face potential legal action. It gives the Indiana Attorney General, business owners and private residents of a municipality the ability to bring a civil action against a local government if they don’t enforce the measure.
During the committee hearing Monday, Davis emphasized that the bill allows for police officers to provide alternative aid in lieu of a citation or arrest.
“The law enforcement has the opportunity to offer transport to the person to a local authorized shelter where they can receive services,” Davis said. “That is an option.”
The bill also includes a potential defense: prosecution must consider whether there were services or shelters available within five miles of the location where the individual is camping.
Due to time constraints, Committee Chair Rep. Doug Miller, R-Elkhart, cut off testimony Monday after about half of the 22 individuals signed up to speak took the microphone. Those who did speak, including faith leaders, outreach specialists, experts in reentry and housing advocates, expressed concerns about the bill.
Rev. Gray Lesesne, a senior pastor at Christ Church Cathedral in downtown Indianapolis, told the committee that the church serves many individuals who do not seek shelter at night.
“Some have experienced trauma or unsafe conditions in shelters. Others refuse to be separated from their spouse or traveling companion. Many struggle with a mental illness and require supportive services beyond what shelters can provide,” Lesesne said. “The worst possible response to their circumstances is to arrest them, saddling them with a criminal record that only deepens their hardship, entangling them in costly court proceedings, fines and fees that put them further behind and bench warrants that make stability even more elusive.”
Niki Wattson, street outreach manager for Indianapolis-based Horizon House, which provides homeless services, testified that programs and collaborations already in place are effective at managing the city’s homeless population. Wattson said the collaboration between Horizon House and the Indianapolis Metropolitan Police Department’s Homeless Unit, for example, works to connect people living outdoors with resources without arresting or ticketing.
Davis introduced similar legislation last session, but it didn’t receive a hearing.
“I authored House Bill 1662 this session to help keep our communities safe, accessible and well maintained for everyone,” Davis told IBJ in a written statement. “This measure sets clear guidelines while allowing flexibility and compassion in enforcement. This is just a start, and we need to continue to look for long-term solutions to help reduce homelessness.”
The bill now awaits a vote in the committee.
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We need to get people off the streets.
Bringing in a think tank funded by a rich billionaire who insists we make homelessness a criminal justice issue and we do it the way that didn’t work decades ago … doesn’t make all that much sense.
Is the status quo working?
The status quo of not having nearly enough effective mental health treatment available, and the shelters in town constantly being jammed?
We chose decades ago to close mental hospitals for reasons (some good, some bad) and are paying the consequences.
We are going down the road to this low barrier shelter that John M isn’t a fan of and we’ve already cut the planned budget (thanks to the Apartment Association) to where I doubt it will be funded enough to make a difference.
The solution to the issue is money we aren’t willing to spend. Yet another example of the folks who claim to be pro-life until it costs them one red cent.
Obscene
Wow. I am sure there are a lot of homeless on the streets of Whiteland. Perhaps it would be best to study the cause and find solutions rather than criminalize those who are down. As the Rep does not even live in problem areas, probably should stay out of the issue and let those with knowledge work toward a good solution. These people will never be able to pay a fine, they are homeless!!
Before you call me selfish, know I tried to employ the homeless. If we really cared, we would provide the homeless with off street well planned shelter. I thought that was why the Mayor invaded my neighborhood and is taxing the mile square and why the city’s been granted millions. There’s over on acre of grassland and 17000 feet of building next door to the city’s new homeless site. Give them well managed shelter but you have to put conditions on them as well as rehabilitation services if you want to weeve them back into society. You already put conditions on tax payers.
And this cures homelessness how?
Housing First isn’t working and it’s time to try something else. The horrible homeless problem in downtown Indianapolis is clear proof. It doesn’t seem compassionate, caring, or helpful to continue to allow people suffering hardship (via addiction, choice, mental health, or other life difficulties) to live and sleep outside on sidewalks. These people need help, be it chosen or, as a last resort, forced. There are many good organizations working on this but there is no progress. Let’s add another tool. This problem is harming Indianapolis residents who depend on a dynamic and clean city, business owners whose livelihood is tied to a thriving Indianapolis, and Indy’s broader image as a good place to move to or invest in. As someone who has worked downtown for 15+ years, the city no longer feels safe and hasn’t for the last 5 years. Would you allow your son or daughter to work an internship downtown and be comfortable with them walking to and from their car parked in a surface lot along, say Washington Street? You are lying or not aware if your answer is yes.
Thanks for using so many words to say absolutely nothing.
These people are DISGUSTING. They will happily criminalize existence and when people ask for help, they get spat on by these foul Republican elitist pigs.
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