A bill approved by the Kentucky House of Representatives is sparking debate over a section that would outlaw homeless individuals from camping in designated areas.
The Safer Kentucky Act is a wide-ranging bill against crime designed to crack down on the state’s fentanyl epidemic and increase the charges for repeat offenders of violent crimes. Section 17 of the bill introduces “unlawful camping.”
“A person is guilty of unlawful camping when he or she knowingly enters or remains on a public or private street, sidewalk…or other area designated for use by pedestrians or vehicles…with the intent to sleep or camp in that area, when the area has not been designated for the purpose of sleeping or camping,” reads the bill.
If this new law passes, unlawful camping will be classified as a class B misdemeanor for the second and each subsequent offense. This carries a maximum punishment of 90 days in jail and fines of up to $250.
Representative John Hodgson of Louisville, a supporter of the bill, claims that the ban will improve public safety.
“If somebody wants to seek treatment, that’s awesome. If they want to seek permanent supportive housing, that’s great,” Hodgson said. “But if they’re not going to seek treatment, and they’re not going to abide by the laws of a civilized society, they need to go somewhere else.”
A motion was backed by Democrats on Jan. 25 to cut the public homelessness sections of the bill but the attempt was struck down. Executive Director of the Homeless and Housing Coalition of Kentucky Adrienne Bush is worried about the effect this will have.
“People may not realize that some of those who are experiencing unsheltered homelessness are victims of domestic violence, they may be veterans, they may be families with children. And if that is who we are wanting to support, this legislation as it is currently drafted will do none of those things,” Bush argued.
The act, also referred to as House Bill 5, proposes a three-strike law in which those convicted of their third violent felony will be sentenced to life without probation or parole.
“The point is to figure out how we can identify people who are committing violence, how we can catch people who are committing violence, and then how we can put them away for a long time to protect the rest of the community,” explained House Majority Whip Jason Nemes (R-Middletown). “If you commit three acts of violence against our peaceable citizens, then you go to prison for the rest of your life, which I think is good because we don’t want to give you an opportunity to commit violence again.”
The bill would also forbid the use of state and federal money to fund Housing First initiatives. According to the National Alliance to End Homelessness, “Housing First is a homeless assistance approach that prioritizes providing permanent housing to people experiencing homelessness, thus ending their homelessness and serving as a platform from which they can pursue personal goals and improve their quality of life.”
Catherine McGeeney with The Coalition for the Homeless believes these initiatives to be effective.
Housing First initiatives in Louisville have a 97-98% success rate of keeping people housed for more than two years, according to the Homeless Management Information System.
“We have to consider solutions that actually solve the problem of homelessness, versus erasing it from our sight,” McGeeney said.
Representative Hodgson however, believes Housing First causes more harm than good.
“Housing First is an abject failure all over America. It increases homelessness and increases misery. It increases drug abuse and drives the cost through the roof for the taxpayers,” Hodgson said.
He thinks the state should focus on emergency and temporary housing that encourages individuals to access services that can help transition them into permanent housing. He noted that the drafted legislation does allow cities to designate specific areas for use as temporary shelters.
Hodgson further stated that if people are choosing not to get help, the city has no choice but to remove them from the street.
“We as a society need to step into there and say ‘If you want to live out in the woods somewhere, that’s okay,’ but you can’t live in this public place. And we need to encourage you to get into treatment,” Hodgson said.
“Back in December, crime was impacting every single Kentuckian and with this bill, House Bill 5, we are reasserting some basic and simple truths, and that is that criminals, not society, are accountable for their actions,” said State Representative Jared Bauman (R-Louisville). “Society has the right to protect itself from the criminal element and so, that criminal element has become an all too normal part of our world today.”
The Safer Kentucky Act is now on its way to the Senate. If it passes, it will be up for approval by Governor Beshear.