Spotlight on Criminal Justice: World Homeless Day – Oct. 10, 2024

Oct. 10, 2024 is World Homeless Day. Observed internationally each year, this day is an opportunity to raise awareness of the needs of homeless people, advocate for better funding and improved policies to prevent homelessness, and support community efforts to prevent suffering and death among this population. The first World Homeless Day took place in 2010 after the concept arose from online communications between homeless aid workers across the globe.

Record-Setting Numbers and Polarizing Policies

According to the United Nations, housing is a basic human right. Yet an estimated 150 million people around the world are homeless, which is generally defined as not having a permanent home. Homelessness is not just an issue abroad or in underdeveloped nations—it is exceedingly common in developed countries like the United States. In 2023, a record high of 653,104 Americans lacked housing, representing an increase of 12.1 percent from 2022. Researchers estimate that more than one million Americans may experience homelessness in any given year and that the number of people seeking emergency shelter for the first time between 2019 and 2023. The visibility of homelessness has prompted alternative responses from communities and lawmakers, with some seeking to criminalize homelessness and others advocating for investments in housing.

Criminalizing Homelessness

Forty-eight states have at least one law that prohibits or restricts the actions of people experiencing homelessness, and an increasing number of cities and states have recently passed laws prohibiting people from sleeping outside or living in tents and cars. In 2018, three homeless people in Oregon filed a lawsuit, Grants Pass, Oregon v. Johnson et al., after receiving tickets for sleeping outside. The Ninth Circuit of Appeals sided with the petitioners, ruling that the ban constituted a violation of the Eighth Amendment protection against cruel and unusual punishment, but the city appealed. In June 2024, the U.S. Supreme Court ruled that people experiencing homelessness can be fined and/or arrested for sleeping on public property. Officials in Philadelphia, Minneapolis, San Francisco, and other cities and states across the country are clearing out homeless encampments en masse, which the National Homelessness Law Center asserts is an unconstitutional violation of Fourth Amendment protections against unlawful search and seizure. In addition to losing what little food, clothing, and shelter they may have, homeless people also lose critical documents and lifesaving medication during encampment sweeps, making it harder for them to secure stable housing. These individuals are often displaced rather than housed, facing increased risk of arrest and future camping ban enforcement.

Some states have also passed laws allowing for the involuntary civil commitment of homeless individuals who are suffering from such severe mental health symptoms or disorders that they may become dangerous to themselves or others. The law permits police, family members, and other interested parties to petition for a mental health evaluation, and if the case is severe enough, the individual can be committed to a hospital or psychiatric facility involuntarily until they stabilize. Advocates view the process as an essential tool providing the treatment needed for a person to survive.

Investing in Housing Resources

An alternative approach is to invest in housing resources. After homelessness rates doubled —and following the scientific study of “Housing First” initiatives in the 1990s—the George W. Bush administration embraced Housing First strategies as part of national policy in 2004. Homelessness rates declined by 30 percent between 2005 and 2007.

The current administration, in concert with local and state governments, has been working on a Housing First policy strategy that supports the provision of permanent housing, without preconditions, for people experiencing homelessness. Housing First programs can be tailored to individual needs, offering permanent supportive housing for people experiencing long-term or repeated homelessness or providing assistance with rapid rehousing assistance so that individuals and families exit homelessness quickly. Support services are offered but not required for participants in accordance with years of research indicating that people are more likely to address their own physical, behavioral, or financial issues when their most basic needs of food and shelter are met. Housing First is considered a best practice for addressing homelessness, and the U.S. Department of Housing and Urban Development offers financial incentives for communities that adopt this approach.

Other jurisdictions consider Treatment First or abstinence-based approaches that require people to engage in mental health or substance abuse treatment and submit to drug testing prior to receiving housing assistance. However, these strategies are less effective at reducing homelessness, police contact, arrest, and incarceration than Housing First models.

Causes of Homelessness

While some people choose to live outside, others end up homeless due to a lack of affordable housing, unemployment, low wages, poverty, substance abuse, or mental health issues. Women often become homeless after experiencing domestic violence. Individuals locked out of employment opportunities due to a criminal record often lock into a pattern of cyclical incarceration and homelessness.

Homelessness and the Criminal Justice System

Compared to the general public, homeless people are at an increased risk of being a victim of crime, including violence and murder. Attacks occur between unhoused people, and many of these attacks go unreported. Criminalizing homelessness causes a documented increase in hate crimes and acts of violence perpetrated against the homeless.

Common misperceptions—such as that homeless people suffer from severe psychiatric disorders that make them more violent and more likely to commit crime—often shape policy conversations. While homeless people are overrepresented in the criminal justice system as both victims and perpetrators, they still only represent a small percentage of crime. When they are arrested, it is often for non-violent offenses like theft, commonly referred to as “survival crimes.” Being detained, whether for a few hours or a few days, results in the loss of what little possessions they had, and each subsequent detention increases the likelihood of continued homelessness and incarceration. These individuals may find it more difficult to comply with pretrial and community supervision requirements, resulting in additional incarceration.

Rather than contribute to the cycle of homelessness and detention, more innovative approaches to address the unique needs and public safety concerns of the homeless population include homeless courts and community outreach programs. These alternatives hold individuals accountable while offering resources and support to connect people to safe housing and ensure they remain law-abiding.

Resources

In order to implement evidence-based solutions to address the “complex global public health challenge” that is homelessness, advocates, community members, police, and lawmakers need to understand the causes of homelessness in a given community as well as the available resources. This population and the circumstances that result in being unhoused are multifaceted and varied. Rather than relying on unfounded fears associated with homelessness, policy professionals should consider adopting strategies that offer better short-term and long-term outcomes for homeless people. The U.S. Department of Health and Human Services offers a range of resources for individuals facing or experiencing homelessness, service providers, and policymakers. Individuals can also volunteer time or money at a homeless shelter or place of worship that ministers to the homeless, or they can educate themselves by reading books and current research on the issue.

Conclusion

Housing is viewed as a basic human right, yet it remains out of reach for hundreds of millions of people across the world. Strategies that combine rental assistance, social services, and housing can reduce the likelihood that a person becomes homeless and are more cost effective and efficient in reducing homelessness than over-policing. Investing in proven solutions like Housing First is also an investment in public safety. But providing housing alone won’t solve the issue. Individuals and families need increased access to mental, behavioral, and substance abuse services; family and domestic violence support resources; and more affordable housing options. When we invest in the social infrastructure, we can reduce homelessness; eliminate unsightly, unsanitary, and unsafe encampments; and create a positive environment for local communities and business owners.