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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, a street outreach manager for Indianapolis-based shelter and service provider Horizon House, testified that there are already programs and collaborations in place that 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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