Criminalizing Homelessness (SB 285)

• SEA 285: Housing Matters, authored by Sen. Carrasco | Status: Signed by Governor
• HB 1431: Street Camping, authored by Rep. Doug Miller | Status: Failed

SEA 285 makes it a crime to camp, sleep, or use public property for long-term shelter unless that area has been specifically authorized for that use. Before someone can be charged, law enforcement must first determine whether emergency detention is appropriate. If not, the person must be given a warning and information about available shelter or services. If at least 48 hours pass and the person remains within 300 feet of the location where the warning was issued, they can be charged with a Class C misdemeanor.

The law also restricts how local governments can respond. It prohibits political subdivisions from adopting or enforcing policies that discourage enforcement of laws or ordinances banning public camping, sleeping, or sidewalk obstruction. At the same time, it allows local governments to encourage diversion programs or provide housing and shelter services instead of citation or arrest, so long as those approaches do not allow someone to remain in the same area beyond the 48-hour period.

We oppose this legislation because homelessness is a complex issue that cannot be solved by criminalizing people with nowhere else to go. Penalizing unhoused Hoosiers for sleeping outside does not create housing, treatment, or stability. State leaders should focus on addressing the root causes of homelessness and ensuring communities have the flexibility and resources to respond in ways that are humane, effective, and tailored to local needs.