Indiana Governor Signs Bill to Ban Street Camping

INDIANAPOLIS–Indiana Governor Mike Braun signed a bill into law on Tuesday that establishes a statewide prohibition on unauthorized camping on public land while connecting homeless Hoosiers to shelter, diversion, and mental health services.

The law prohibits unauthorized camping, sleeping, or long-term shelter on land owned by the state or a political subdivision. Before any criminal enforcement happens, law enforcement must first determine whether emergency mental health detention is appropriate and, if not, provide a warning and information about available shelter and services.

“Hoosiers deserve safe streets, sidewalks, and public areas in our cities, and homeless individuals deserve a clear path to shelter, treatment, and mental health services. SEA 285 helps communities take immediate action to make streets safer and address the underlying problem in a meaningful way,” said Braun at a Tuesday morning news conference.

SEA 285 says a person may be charged only if at least 48 hours have passed since the warning and the person remains within 300 feet of the warned location. It also provides siversion options and defenses when no shelter or treatment bed is available within five miles or hwne a person has been recently released following an involuntary mental health commitment.

“From the state’s point of view, this isn’t just about Indianapolis either. On anything when you’re tackling a problem that has been this vexing and has risen pretty definably in the last 10 years, it’s time to do more than what we’ve done,” said Braun.

When the law was being discussed and debated in the Statehouse, critics of it say the law does little to address the lack of emergency beds and affordable housing, which leads to people having to sleep without shelter. Opponents also highlighted the potentian for the law to create more obstacles for those who avoid local services, as it may lead to more people seeking help through the criminal justice system rather than through social services.

At Tuesday’s news conference, Braun argued that before SEA 285, Indiana’s approach to the issue of homelessness focused on housing-first legislation that has not reduced homelessness nearly enough.