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HomeMy WebLinkAboutII. D. HOMELESS ISSUES AND SERVICE DELIVERY 10.8.24Collaborative Unsheltered Homelessness and Encampment Response Strategy City Council Workshop Senior City Attorney Dana Harmeyer, Police Chief Paul Neudigate, Director Ruth Hill | Oct. 8, 2024 1 Multi-Departmental Effort •Led by Housing & Neighborhood Preservation (Homeless Services and Code Enforcement) •Human Services (PATH/Behavioral Health) •Parks & Recreation (Landscape Services) •VBPD (all 4 precincts) •City Attorney’s Office •EMS •Public Health •Zoning Administration •Fire •City Manager’s Office 2 Recent Supreme Court Ruling History & Background of Johnson v. Grants Pass 3 Robinson v. California (1962) •U.S. Supreme Court read the Eighth Amendment as prohibiting a state from criminalizing the “status” of narcotics addiction. •The California law at issue in Robinson was not one which punished a person for the use of narcotics, for their purchase, sale or possession, or for antisocial or disorderly behavior resulting from their administration; it punished addiction itself. •Robinson has opened the question as to what other “statuses” could be subject to Eighth Amendment prohibitions. •Powell v. Texas, 392 U.S. 514 (1968). The U.S. Supreme Court upheld the conviction of a man under a Texas statute criminalizing public intoxication. The court did not accept the argument that the specific drunkenness was an involuntary byproduct of his status as an alcoholic. 4 Martin v. Boise (9th Cir. 2018) •Plaintiffs experiencing homelessness filed lawsuit against Boise seeking relief from their fines under city’s anti-camping ordinance. •Holding: So long as there is a greater number of homeless individuals in a jurisdiction than the number of available beds in shelters, the jurisdiction cannot prosecute homeless individuals for “involuntarily sitting, lying, and sleeping in public.” That is, as long as there is no option of sleeping indoors, the government cannot criminalize indigent, homeless people for sleeping outdoors, on public property, on the false premise they had a choice in the matter. •Decision was based on the Eighth Amendment. •Impacted nine states: Alaska, Arizona, California, Hawaii, Montana, Nevada, Oregon, Washington, Idaho Formed backdrop to the Johnson v. Grants Pass district and appellate rulings. 5 About Grants Pass, Oregon •General Pop.: 38,000 •Homeless Pop.: About 600 •Limited shelter capacity: •Attend daily Christian services •Abstain from smoking •Did not allow socializing between genders •Only recognized binary and cisgender identity •Local ordinance prohibits camping on public property or parking overnight in the city’s park •Violations can result in fines ($295) up to imprisonment •Individuals experiencing homelessness filed lawsuit in 2018 6 Defining “Camping/Encampments” A campsite is defined as “any place where bedding, sleeping bags or other material used for bedding purposes or any stove or fire is placed for maintaining a temporary place to live.” Grants Pass Ore. Ordinance Municipal Code 5.61.030 7 Johnson v. Grants Pass (2024) •Two homeless individuals, representing a class of “all involuntarily homeless people living in Grants Pass,” challenged three City ordinances as violative of the Eighth Amendment’s Cruel and Unusual Punishment Clause. •The laws in question prohibit sleeping, camping, and overnight parking on public property, including sidewalks, alleyways, and parks. •2022: Ninth Circuit Court upheld the district court and ruled the city’s ordinance as unconstitutional. 8 Grants Pass Holding •The Supreme Court held first that the Eighth Amendment’s prohibition against cruel and unusual punishment was a “poor foundation” on which to challenge the City’s public camping laws, since this clause restrains the method or kind of punishment that a government may impose after a criminal conviction. The Eighth Amendment does not touch upon the question of whether a government may criminalize a particular behavior. •The Court held second that the Ninth Circuit erred in basing its decision on Robinson v. California. The anti-camping laws at issue criminalized actions that could be undertaken by any person, not the status of being homeless. 9 Grants Pass Holding, cont. •The Supreme Court stressed that questions about whether an individual who has committed a proscribed act with requisite mental state should be relieved of responsibility due to lack of ‘moral culpability’ are generally best resolved by the people and their elected representatives, not be judicial fiat. •Thus, the Court sends the issue back to the elected representatives at the state and local level. 10 Dissenting Opinion: Justice Sotomayor •Sleep is a biological necessity, not a crime. For some people sleeping outside is their only option. •Criminalization creates a costly revolving door that recycles individuals experiencing homelessness from the street to the criminal justice system and back again •91% of homeless people living in encampments surveyed reported remaining outdoors most often, moving only two to three blocks away when they received a move along order. •Ruling focused on needs of local governments and leaves the most vulnerable with an impossible choice: Either stay awake or be arrested. 11 After Grants Pass •Enforcement of anti-camping laws does not offend the Eighth Amendment. •Localities have enforcement as a tool in its toolbox to impose rules and a means of encouraging other outreach and services. •City ordinance prohibitions for sleeping/camping on the beach, public parks, and other public property applies from 8 p.m. to 8 a.m. •Loitering cases make clear that unless a person is breaking a law, one has a right to loiter. This is especially true when a person is engaging in expressive conduct. •Recent actions by the General Assembly have removed the ability of law enforcement to use jaywalking as a reason to stop a person. This has impacts on panhandlers that enter traffic. •Laws of general applicability, e.g. indecent exposure and defecating in public, remain available for enforcement. 12 Homelessness Considerations for VBPD 13 Ongoing Engagement Process Outreach first •Notify Outreach Team of location. •Provide individuals with Pocket Pal (listing of resources) or Housing Crisis Hotline number. •Discussed at bi-weekly collaboration meeting with DHS, City Attorney, CMO, Housing, etc. •Outreach Team will engage on their own at all property types. VBPD will accompany if requested. 14 How Encampments Are Identified for Clearance •Near a school or day care •Near residential areas •Near a business •50 ft. from highway, bridge •Known criminal activity 15 Accompanying Concerns •Crime •Victimization of homeless individuals •Drug & Alcohol addictions / Mental Health Needs assistance of counselors •Trash accumulation & quality of life concerns Trash is often biohazardous requiring special cleanup considerations which can be costly. p16 Property Types – City Fields/Land Discussed during bi-weekly meeting •Parks & Rec post 21-day clearance notice Allows Outreach time to offer resources •Parks & Rec provides 72-hour trespassing notice to individuals in VBPD’s presence •After 72 hours, VBPD will enforce trespassing violations but does not clear encampment •Parks & Rec obtains quote and facilitates cleanup – time varies Done when encampment is no longer occupied Concerns/complications •Ensuring P&R has sufficient budget to clean and landscape Thinning of underbrush and trimming tree branches for sight lines is important to discourage continued unauthorized use of property p17 Not an encampment •Mere presence is not criminal •Behavior can have mental health component but usually does not reach ECO/TDO thresholds Constant engagement by Outreach Team is important •Specialized counselors for mental health & substance abuse Visibility leads to more complaints and VBPD interaction •Sleeping in public (8pm-8am), tent on beach (8pm-8am), urinating/defecating in public, open container – cite only offenses, not physical arrest •Disorderly conduct, disturbing the peace, public intoxication, narcotics possession, public nudity Victim/Witness willingness to prosecute/participate Misdemeanors must occur in officer’s presence Property Types – City Boardwalks/Benches p18 Property Types – State Owned VDOT generally notified by Code Enforcement •VDOT communicates with Outreach Team •VSP has primary enforcement responsibilities •Cleanup is on an unknown VDOT timeline with own budgetary implications At one point, we were notified they were out of funding and had to pause cleanup Area at Laskin/Va. Beach Blvd. split believed to have cost $100K Complications/Concerns •Very few – cleanup is speedy for most sites Laskin Road/VA Beach Blvd area is an exception but not generally visible p19 Property Types – Federal VBPD generally notifies military liaison •Site visits with liaison, base PD & NAS Oceana Security Department •Enforcement begins after landowner decision Complications/Concerns •Jurisdictional considerations Federal Property with concurrent or proprietary jurisdiction. Abide by MOUs. Usually prosecuted in local courts with USN representative needed to attend court case •Cleanup – USN currently has no budget to cleanup after property is vacant Broken Windows Theory – without cleanup, property appears abandoned & people return Massive amounts of trash with biohazard considerations •Timeliness – generally the longest resolution of all property types •Monitoring of property to prevent reoccupation Patrol by USN departments in conjunction with VBPD important Individuals state they actively seek these locations p20 Property Types - Private Cooperative/Complaining Property Owner •Owner tells occupants to leave – can request PD assist Some will give a grace period for occupants to cleanup and vacate Owner can obtain trespassing charges but often doesn’t reach this level Owner responsible for cleanup Unknown or Uncooperative Property Owner •Zoning – unauthorized use (i.e. “camping” on property) enforcement •Code Enforcement – trash, maintenance & cleanup enforcement •PD often becomes involved after violations issued – owner wants to trespass individuals. Concerns/Complications •Underlying zoning/code violations have minor repercussions •Timeframe is unknown and varies Cooperative properties can be immediate or take time (depending on cost/size of litter cleanup) Unknown/uncooperative properties dependent upon notice of violation and court process.p21 Lynn Shores at Virginia Beach Blvd. 22 Potters Road at Wesley Drive, Part I 23 Potters Road at Wesley Drive, Part II 24 Potters Road at Wesley Drive, Part III 25 Our System of Services 26 We Address Homelessness as a Community System •City-Faith -Nonprofit Partnership •Represents 30-year commitment of working together •Coalition formalized in 2009 •BEACH Governing Board is required by HUD •Three ways to access the service system: o Housing Resource Center:Day Services, Homeless Services, Health Center, Human Services o Regional Housing Crisis Hotline:(757) 227-5932 o Homeless Outreach:Unsheltered population p27 Our Partners Include... •5 Star Residential •Begin Again Foundation •BrightView Health •Community Alternatives Management Group (CAMG) •Catholic Charities of Eastern Virginia •Charity Tracker •Christ Investment Corp. •Church of the Ascension •Connect With A Wish •DHS Behavioral Health •Endependence Center •Hampton VA Medical Center •Interfaith Alliance at the Beach •JCOC •LGBT Life Center •Lift Fitness •Open Alter Ministries •Sentara Health (formerly Optima) •PiN Ministry •Potter's House •Samaritan House •Senior Services of SE Virginia •Seniors Unlimited Lifestyles Inc. •Seton Youth Shelters •StandUp for Kids Hampton Roads •The Planning Council •VB Home Now •VB City Public Schools •VBCDC •VBDPH Community Development •Virginia Beach Dept. of Health •Virginia Employment Commission •Virginia Supportive Housing •Virginia Veteran and Family Support •Vision Life Ministries 28 Community Resources Include... Homeless Services: •Prevention assistance •Permanent housing •Transitional Housing •Shelter •Case management Food/Meals: •Community dinners •Bag lunches •Pre -packed grocery •Food pantries Basic Assistance: •Day Support: showers, laundry, housing support •Clothing •ID/birth certificate assistance •Hygiene items •Bike program •LGBTQ+ youth meetings Health Services: •Preventative medical 29 Our Goal Is To Make Homelessness... Rare, Prevent people from experiencing homelessness Brief, Shorten the length of time that people experience homelessness and Nonrecurring Stably house & provide wraparound support to help people leave homelessness behind 30 Unsheltered Homelessness in VB 150 unsheltered households at any given time. Small subset live in encampments: •Approx. 75 people •30-35 encampments known to Outreach Marginalization: •Presence of unsheltered individuals in places people would rather not see them •Not considered a part of the community 31 Emerging Challenges in Addressing Unsheltered Homelessness Inadequate supply of shelter and housing to meet the need. Growing preference for non-communal shelter programs: •Do not want to leave belongings or pets •Couples want to be sheltered together •Concern about communicable illnesses •Want autonomy Addressing encampment issue involves balancing: •Health and safety of surrounding community •Our shelter and housing capacity •Compassion •Personal choice and service resistance •Property ownership •Legal precedents 32 Approaches to Addressing Unsheltered Homelessness Criminalize •100% encampment sweeps •Making panhandling illegal •Enforcing anti-camping bans •Penalizing individuals based on housing status by assessing fines, tickets or imprisonment Balanced •Address sites that pose the biggest threat to public health and safety •Humanitarian front-line response •Providing adequate notification for compliance with clearance and connection to shelter and housing services Normalize •Prioritizing encampments over public health and safety •Enabling homelessness instead of collectively resolving the issue •No commitment in addressing service gaps and affordable housing 33 Emergency Shelter Inventory in Virginia Beach 196 total beds: •87 beds: Single men and women •41 beds: Families and singles experiencing domestic violence (DV) •40 beds: Families with minor children (Non DV) •20 beds: Youth (ages 18-24) •8 beds: Youth (ages 9-17)34 Emergency Shelter Placement •Accessed through Hotline, Housing Resource Center (HRC) walk-ins, Outreach Housing Navigators •Prioritize Most Vulnerable: •65+ •Acute health conditions: diabetes (insulin dependent),kidney disease,cancer, heart disease,COPD •Families with minor children (ages 0-5) •Received a notice to vacate from an encampment •Shelter providers report numbers daily to Coordinated Assessment (CA) Team •Referrals are a collective decision by Outreach, Day Services and CA staff •The length of shelter stays is not based on a predetermined period of time. •Shelter rules are based on safety – low barrier 35 Street Outreach Housing Navigators Five-person team conducts outreach during business hours and early morning/evening as needed: •Persons living in cars, encampments, boardwalk, benches, storefronts, sidewalks. Purpose & Role: •Build trust •Offer connections to shelter and services; facilitate securing ID documentation •Create actionable plans with individuals that will lead to permanent housing and help them navigate their plan Misperception the team is an enforcement authority. p36 Summary 37 Outcomes to Date (April 2024-Current) Total Encampments Cleared: 38 •Public Property: 13 •Federal/State Property: 7 •Private Property: 18 Total # of Individuals Impacted: 38 •Accepted Shelter: 14 •Working with Outreach: 24 •Not Interested in Shelter: 18 •Issued Summons After Remaining on Property: 10 •Arrested: 5 Encampments Reactivated:5-6 Resident’s Concern: “…I am concerned about the increasing number of homeless people on Witchduck Road near the Housing Resource Center. I'm seeing more people, and it appears that a homeless camp is being established on the state property by the entrance ramp for interstate 264 West.” Resident’s Feedback After: “Thank you for what you do.It looks so much better out there now.I hope you were able to help those folks get more appropriate shelter.” 38 Key Takeaways •Addressing homelessness is complex. •Multiple partners are working together. •We’re making progress. •We continue to learn and create solutions. 39 PIT 10-Year Trend: Sheltered and Unsheltered •Unsheltered count has increased by 43%. •Making co-occurring investment in non- communal shelter and permanent housing resulted in lowest unsheltered count in 2021 40 How We Compare to Other Communities Community Total Unsheltered % Unsheltered San Diego, CA 10,605 6,110 57.6% Columbus, OH 2,380 514 21.6% Orange County, FL 2,013 759 37.7% Baltimore, MD 1,551 113 7.3% Daytona, FL 1,164 786 67.5% Richmond Region 681 206 30.2% Norfolk / Ches. / West. Tidewater* 670 123 18.4% Newport News / Peninsula* 412 50 12.1% Virginia Beach 311 83 26.7% 2024 PIT Count “Community of One: All In” Strategies & Objectives •Expand coordination between City departments to develop an encampment response strategy. •Increase non-congregate sheltering opportunities when year-round shelter beds are full. •Build partnerships for storage and pet support. •Invest in a tool to better map and track encampments and improve opportunities to provide targeted services to those areas. •Create a small overflow shelter program from April to November in available space at the Housing Resource Center. •Increased Outreach staff (peer recovery/mental health). •Address primary causes of homelessness by ensuring there is an adequate supply of affordable housing targeting low-income households. 42 Thank You Questions & Comments 43