Hoosiers lacking permanent homes who shelter or sleep on public property soon may be charged with a misdemeanor crime if they refuse or fail to take advantage of temporary housing for the homeless.
The Republican-controlled General Assembly last week agreed to criminalize homelessness, under certain circumstances, with a punishment of up to 60 days in the county jail and/or a fine of up to $500.
Senate Enrolled Act 285 specifies that a police officer who encounters a person who is "street camping" on government-owned property must first determine whether the person should be detained for emergency mental health treatment.
If not, the officer then is required to provide a warning against street camping along with information about available shelters and other resources for the homeless.
Any person still residing on public property 48 hours after receiving a warning is subject to arrest and prosecution, unless there are no open beds at a shelter or treatment facility within five miles, according to the legislation.
"Across Indiana, too many Hoosiers face unsheltered homelessness. Senate Enrolled Act 285 would help address the issue in our state by finding pathways for Indiana's unsheltered homeless to be connected with the support and access to resources they need," said state Sen. Cyndi Carrasco, R-Indianapolis, the sponsor.
The measure encourages prosecutors to offer placement in a diversion program to any person arrested for street camping. At the same time, it bars localities from enacting any policy preventing police from enforcing the legislation.
"Letting our neighbors live in these dangerous and unhealthy situations is not compassion," Carrasco said.
State Rep. Robin Shackleford, D-Indianapolis, agreed that homelessness is a crisis in Indiana. But she said the legislation only deals with the symptoms of the crisis — not the problem itself.
"This bill will take up space in our already-overcrowded local jails and bog down the justice system. Unhoused Hoosiers don't need a jail cell or a $500 fine. What they need is for their government to invest time and resources to help them lift themselves out of a desperate situation," Shackleford said.
State Rep. Chris Campbell, D-West Lafayette, noted that only 55 of Indiana's 92 counties have the affordable housing, rehabilitative services and mental health resources needed to aid the homeless.
"People experiencing homelessness are our neighbors, and they deserve care and respect. They deserve a state government that attempts to understand and guide them, not one that just locks them up out of sight," Campbell said.
The measure was approved 28-22 in the Senate and 53-44 by the House. It will take effect July 1 if it's signed into law by Republican Gov. Mike Braun.
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