Homelessness in the United States has become an increasingly challenging problem, with existing approaches failing to properly shelter all of those in need. The resulting system is inconsistent, inefficient, and has shown an inability to properly address homelessness at the scale required. This project contends that homelessness negatively impacts the community and perpetuates the unhealthy lifestyle of the individual who remains homeless. The ethics of an act such as what is proposed here, as well as other involuntary systems for the management of homeless populations, will be left to future essays that will investigate the logic surrounding the circumstance and defend the structure asserted here. The Homelessness Prohibition and Public Order Act is presented as a model legal framework that seeks to standardize intake and placement, along with compliance under a single system operated through state-designated facilities. This framework assumes the existence of sufficient state-designated housing capacity to accommodate the affected population as proposed in the prior published essays on the subject (Homelessness as System Failure and Toward a Cure for Homelessness).
The intention of this act is to define and prohibit the condition of homelessness; to establish criminal penalties for individuals classified as homeless who fail to present themselves for placement in a state-designated housing; to authorize the detention and processing of homeless individuals into appropriate placements; to mandate individual relocation to the aforementioned state-designated facilities; to establish a registry of homeless individuals; and to allow for the termination of homeless status through defined conditions.
Definitions
For the purposes of this Act, a “homeless individual” is defined as any person without a regular, fixed, and adequate nighttime residence, including but not limited to individuals residing in:
(a) Public spaces, including streets, sidewalks, parks, or other areas not designated for habitation;
(b) Vehicles, including cars, vans, or recreational vehicles used as primary residence, excluding recreational vehicles parked in registered campsites;
(c) Temporary encampments, whether organized or informal;
(d) Emergency shelters or temporary housing arrangements without permanent residential status.
Offense of Unlawful Homelessness
(a) Any individual who meets the definition of a homeless individual, outside of those exempted herein, under this Act shall be deemed to be in violation of the offense of unlawful homelessness.
(b) Individuals determined to be in violation of this section shall be subject to the following penalties:
First Offense (Misdemeanor):
-
Imprisonment in a state-designated labor facility for a period of 30 days
-
Mandatory relocation pursuant to this Act
Second Offense (Gross Misdemeanor):
-
Imprisonment in a state-designated labor facility for a period of six months
-
Mandatory relocation pursuant to this Act
Third or Subsequent Offense (Felony):
-
Imprisonment in a state-designated labor facility for a period of three years
-
Mandatory relocation pursuant to this Act
(c) Homeless individuals who are arrested within 90 days of the act’s first official day of enforcement will be exempt from criminal prosecution under this section and redirected to the appropriate placement as dictated by regulation. Additionally, those who voluntarily present themselves for placement will be exempt from charges under this act.
Detention and Investigation
(a) Any law enforcement officer is authorized to detain any individual upon reasonable suspicion that they meet the definition of a homeless individual under this Act.
(b) Upon detention, officers shall conduct an investigation to determine the individual’s housing status.
Arrest and Processing
(a) If an individual is determined to meet the definition of a homeless individual, outside of the aforementioned exemptions, such individual shall be:
-
Placed under arrest;
-
Processed in accordance with applicable criminal procedures;
-
Charged under the offense of unlawful homelessness.
Court-Ordered Relocation
(a) In addition to incarceration in a state-designated labor facility, the court shall order the mandatory relocation of any individual convicted under this Act to a state-designated housing facility corresponding to the assessed needs of the individual.
(b) Such facilities shall be designated by the appropriate state authority and may include transitional housing, mental health facilities, substance abuse programs, or other approved accommodations.
Refusal to Comply
(a) Any individual who refuses to comply with a court-ordered relocation shall be subject to:
Immediate incarceration in a state-designated labor facility corresponding to the individual’s assessed risk factors; and
Additional criminal penalties as determined by the court.
Establishment of Registry
(a) The state shall establish and maintain a centralized Homeless Status Registry containing records of all individuals apprehended or convicted under this Act.
Conditions for Termination of Homeless Status
An individual shall be considered no longer homeless, and may be removed from the Homeless Status Registry, only upon:
(a) Securing permanent housing approved by the state; and
(b) Demonstrating financial and residential stability as defined by state administrative guidelines.
Jake LeoneRead More
T1
