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Tipsheet

This Bill Would Create 'Homelessness Courts' and Ban Camping on Public Property

This Bill Would Create 'Homelessness Courts' and Ban Camping on Public Property
AP Photo/The New Orleans Advocate, John McCusker

Louisiana state lawmakers are set to vote on a bill that would criminalize homeless people who sleep on public property.

Supporters argue that it would help to get people off the street and out of homelessness, but critics say it would essentially turn poor people into criminals.

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The bill would create special “homelessness court programs” across the state to help homeless people who get caught up in the criminal justice system. The courts would assist with treatment, housing help, and job support and offer a way for homeless people to avoid jail time while rehabilitating them.

Under the legislation, each district court can set up a homelessness court division. The district attorney could place eligible defendants who face felony or misdemeanor charges. However, for a defendant to take advantage of these resources, they must plead guilty to a crime and agree to counseling, drug, alcohol testing, job training, or schooling for at least 12 months under court supervision.

If a participant completes the program and probation requirements, “the conviction may be set aside and the prosecution dismissed in accordance with the provision of the Code of Criminal Procedure. Conversely, if the person fails the program or violates the conditions of their parole, a judge can revoke probation and force them to serve out their sentence in jail.

The bill would create a new crime called “unauthorized camping on public property,” which targets those who camp or sleep on government-owned land that is not an approve campsite. The measure defined the offense as follows: “Unauthorized camping on public property is the intentional use of any tent, shelter, or bedding constructed or arranged for the purpose of or in such a way to permit overnight use on public property that is not a designated camp ground.”

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A first conviction can carry a fine of up to $500 or up to six months in jail, or both. A second conviction could result in up to $1,000 in fines and at least one year in prison.

Republican state lawmaker Debbie Villio touted the measure, saying it “reframes treatment not as a social service, but as a core public safety infrastructure.”

She further argued that “When the systems are aligned as called for in this legislation, they can function as coordinated points of intervention. It transforms traditionally punitive touchpoints into stabilizing ones.”

Martha Kegel, executive director of UNITY of Greater New Orleans, slammed the bill, saying it is “not the solution to homelessness.” She argued, “An apartment with case management services is very cost effective compared to the cost of putting people in jail and really clogging up the criminal justice system and diverting it from what it's supposed to be focusing on: violent and real crime.”

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Kegel also pointed out that, “A lot of people who are homeless are actually working. One thing that arresting them does is it makes them lose their job.”

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