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Sleeping on the street in Indiana could prompt an involuntary hold or lead to misdemeanor charges under a bill headed to the House floor, after more than two hours of committee debate Wednesday.
“This bill started from a place of compassion,” said Sen. Cyndi Carrasco, R-Indianapolis. “… It is not our role to judge the life choices people have made or the circumstances they have found themselves in, but we also cannot simply ignore a growing issue that impacts public safety, quality of life and the wellbeing of individuals experiencing chronic homelessness in our communities.”
Carrasco is the author of Senate Bill 285, the Legislature’s latest attempt to criminalize camping, sleeping or long-term sheltering on land owned by the state or a unit of local government.
Under an amendment adopted Wednesday, the law enforcement officer who discovers a potential violator would first decide if there are “reasonable grounds” for an “emergency detention.”
That connects to edits in the state’s involuntary commitment laws. Someone would be “gravely disabled” — and eligible for emergency detention — if they’re in danger because of mental illness. That would include a person unable to cover their own basic needs or function independently, or who is staying outdoors in unsafe weather conditions.
The last provision would only be triggered if the person refuses transportation to a shelter or mental health service provider and if those sites “were reasonably offered and available.”
If an alleged first-time violator isn’t eligible for emergency detention, the officer would let that person off with a warning. Those still within 300 feet more than 48 hours later would have committed a Class C misdemeanor, which carries a penalty of up to 60 days in jail and a fine of up to $500.
Two similar legislative efforts died last session.
Proponents say aim is to end homelessness
Supporters, including a conservative model legislation provider, said the bill would help connect unhoused people, particularly those with mental health or substance use disorders, to services.
“This is an issue that affects millions of American families who wonder where their daughter is at night, who hope their brother isn’t hungry,” said Scott Centorino, a visiting fellow with the Cicero Institute’s advocacy arm, Cicero Action. “… Allowing individuals like my sister — who suffer from addiction, mental illness, et cetera — to suffer in the streets and sleep on air vents at night is a policy choice.”
He framed the bill as a “major, smart, compassionate step in the right direction toward ending homelessness in this state.” The group has pushed similar public camping bans across the country.
Other supportive witnesses included the state’s hospitality association and a regional chamber of commerce, which have previously also backed other shelter and outreach efforts.
Under the bill, “sleeping outside is no longer the default endpoint,” said Greg Stowers, the vice president of local government affairs for the Indy Chamber.
Others argue too few services available
All sides — the four people who signed up to speak in support, two neutral and 23 in opposition — had up to 15 minutes to deliver remarks, not including time spent answering lawmaker questions. When opponents exhausted their 15 minutes, committee Chair Rep. Wendy McNamara, R-Evansville, offered speakers 30 seconds apiece.
The altered definition “would allow someone to be classified as ‘greatly disabled’ solely because they lack housing and refuse transportation,” said Sydney Moulten, the director of state and local government affairs for the neutral Indiana Council of Community Mental Health Centers.
The changes “create confusion within the existing workflow and does not solve the issue of how these individuals ultimately became homeless in the first place,” Moulten said. Most of the council’s members offer acute stabilization, not long-term services.
Numerous opponents opposed the Class C misdemeanor — emphasizing that Hoosier providers lack the capacity required for emergency detention to be an option.
“Even with the off-ramps, if there’s no housing or services, there’s an on-ramp back onto that highway,” said Andrew Bradley, the senior director of policy and strategy at Prosperity Indiana.
Emmy Hildebrand, the CEO of Helping Veterans and Families, said nearly 95% of the 234 unhoused veterans counted in 33 central Indiana counties are engaging with a homeless service provider. But, for instance, 80 are waiting for openings in the organization’s transitional housing program and 60 are waiting for a slot in the rental assistance program.
“The limiting factor to sheltering these veterans immediately is lack of program funding and capacity,” Hildebrand said. “… It would be unfair to charge these veterans, who are working towards housing and waiting for openings in programs around our state, with a C misdemeanor simply because they are living outside.”
Extra costs feared for jails
Foes also warned local governments would be on the hook for expenses.
“All police agencies will be able to choose to arrest,” but county jails will have to hold the people delivered to them, Marion County Sheriff Kerry Forestal said.
Housing an offender in county jails cost between $56 and $79 daily on average, according to 2023 local government data cited in a fiscal analysis prepared by the nonpartisan Legislative Services Agency. That is between $3,360 and $4,740 across 60 days.
“I understand what the frustrations are, but us in the county jail becoming a homeless shelter — a quasi-homeless shelter — is not the answer, because it’s an added expense to our taxpayers,” Porter County Sheriff Jeff Balon said.
Balon, who is also president of the Indiana Sheriffs’ Association, said sheriffs would additionally have to pay to store people’s belongings — and could be liable if it is lost or damaged.
The bill advanced on an 8-5 tally, although several “yes” voters expressed reservations. Rep. Garrett Bascom, R-Lawrenceburg, joined four Democrats in opposition, citing facility capacity.
Indiana Capital Chronicle is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Indiana Capital Chronicle maintains editorial independence. Contact Editor Niki Kelly for questions: [email protected].
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