Indiana Lawmakers Discuss Sleeping on Public Property, Homelessness
STATEWIDE–It would become illegal to sleep on public property if a bill currently being discussed at the Statehouse becomes law.
It’s known as Senate Bill 197, which looks at building safety and would give requirements for police officers to follow if someone is sleeping at a public location. The House approved the bill by a vote of 52-40 on Monday. It has to go back to the Senate before being sent to Governor Braun’s desk.
The officer would first examine if someone needs emergency mental health detention. If they don’t need that, then they would get a warning, and police would offer transportation to a homeless shelter or other services. If that person refuses, they would need to leave the premises within one to three days, depending on where they are.
If they refuse to move after the appropriate amount of time, then they could be charged with a Class C misdemeanor. That includes a jail sentence of up to 60 days and a fine of up to $500, according to state law.
“We’re trying to assist these individuals. This is not to criminalize their behavior, it’s to ensure they get access to the resources they need. But the only way that you could do that is to get them into a squad car in the first place. And the only way you can detain somebody is [if they] have to have a crime,” said Republican Representative Andrew Ireland of Indianapolis who is sponsoring the bill.
One of those who oppose the bill is Democratic Representative Chris Campbell of West Lafayette.
“When these people are released from jail, they will remain homeless. For example, this bill will set the homeless veteran back even farther,” said Campbell.
Democrat Representative Pat Boy of Michigan City says there’s a new shelter for men in her city, but it’s not big enough for men who are homeless.
“We have a family shelter, but men are not allowed in the family shelter, so the men are left out on the street. They use alternating churches for men to sleep in during the winter, but in the summer they don’t do that, so where are they going to go,” said Boy, who also voted against the bill.
Rep. Garrett Bascom (R-Lawrenceburg) said the bill preserves the dignity of homeless people with mental health issues by helping them get the services they need. He said the bill doesn’t start with criminalization when police encounter someone experiencing homelessness
“If they don’t fall under the immediate category of some sort of mental health — if they’re a danger to themselves or others or if they’re gravely disabled — then we attempt to try to get them to services. And if no services are available, then this does not apply,” said Bascom.
Last year, the Indiana Housing and Community Development Authority said nearly 5,000 people were experiencing homelessness.
The legislative session is supposed to end April 29.
