Goal:
The Saint Paul Police Department is committed to ensuring the fair and equitable treatment of persons experiencing homelessness. We apply the same standard of trusted service with respect regardless of an individual’s housing status. This policy provides guidance and standard operating procedure for all officers interacting with unsheltered and/or homeless individuals, whether the interaction is voluntary or for enforcement purposes.
Individuals experiencing homelessness often have unique circumstances requiring special consideration when they have contact with law enforcement, whether it be as a victim, witness, suspect or simply a person in need of assistance.
Definitions:
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Homeless – Individuals who lack a fixed, regular and adequate nighttime residence or a person who resides in a shelter, complimentary hotel room, transitional program or place not ordinarily used as a regular sleeping accommodation for human beings.
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Unsheltered – Individuals whose primary nighttime residence is a public/private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings. (i.e., outside, car, train or any place not meant for human habitation).
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Encampment – Homeless encampments can take a variety of forms on both public and private property. They can be comprised of tent cities, individuals living under freeway overpasses or sleeping in parks/public rights-of-way/or on sidewalks. Homeless encampments vary in size. Some can be small with only a few campers while others may be larger, with some reportedly having 50 or more people. Shelters utilized in homeless encampments range from lean-tos made of cardboard or wood, to tents or more elaborate structures made from any number of available resources.
Procedures:
Saint Paul Police officers encountering homeless and/or unsheltered individuals may provide various services to include outreach and/or enforcement, while protecting the rights, dignity and personal property of those encountered. Officers should also respect the individual’s right to refuse assistance.
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Casual Contact – Officers may make reasonable inquiries during casual contacts to determine if an individual is homeless and/or unsheltered. Officers may use these contacts to advise the individual about shelters, services or available assistance and resources. Officers should contact members of the Community Outreach and Stabilization Team (COAST) to assist in these efforts, when applicable.
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Arrest situations – Arrests of individuals defined as homeless shall comply with Minnesota state law, Saint Paul city ordinance and department policy and procedure.
a. Discretion shall be used when determining arrest or alternatives to arrest if a police officer observes a homeless person engaged in criminal activity.
b. Police officers are encouraged to offer services, when available, in lieu of arrest when encountering a homeless person who has committed a misdemeanor violation and the continued freedom of the individual would not result in a breach of the peace or continued criminal activity.
The COAST Unit works closely with the homeless population in a service and outreach capacity. To avoid jeopardizing their mission and alienating this community, COAST Unit officers will not conduct criminal investigations, nor make arrests of homeless or mentally ill persons involved in criminal activity, except in exigent circumstances. Instead they should refer these law enforcement matters to appropriate department personnel. The SPPD recognizes that being homeless or unsheltered is not a criminal offense.
3. Encampments - The City Workgroup on Homeless and Unsheltered has established procedures to deal with encampments. Police officers encountering encampments or complaints of an encampment shall:
a. Respond and assess the situation.
b. Discuss the homeless person(s) presence to determine their purpose, intended length of stay and any possible assistance needed
c. To avoid harm to persons in the area, inspect the area for safety and/or health violations that require immediate attention
d. Officers will have discretion ot act on observed legal violations
e. If deemed necessary, write a report
f. Advise COAST or the respective district code enforcement officers about the complaint and your findings.
4. Property Handling and Disposition Officers shall be respectful of the personal property of homeless individuals and will properly handle and safeguard their belongings.
If the homeless individual(s) chooses to depart willingly, they shall be encouraged to take all their personal property and possessions with them.
Property abandoned at the encampment site after all individuals have departed shall be assessed as follows:
a. Items that are spoiled, damaged, mildewed or moldy shall be considered abandoned trash and properly disposed. Appropriate arrangements shall be made to have the area cleaned by contacting the respective district code enforcement officers, who will communicate this information to Public Works and/or the Parks Department
b. Personal items and property belonging to homeless and/unsheltered individuals who are arrested or taken into custody shall:
1. Be properly inventoried and placed in the Property Room.
1a. Considerable amounts of non-evidentiary personal property, or property that is contaminated or infested, should be transported to the Impound Lot and placed in the storage container designated for homeless/unsheltered individual’s
property. Impound Lot staff will direct officers to the location and provide a key for the lock.
1b. Officers can access Evidence Manager and a barcode printer in the garage at the Impound Lot.
2. Be properly documented in a report describing the respective details.
Officers who encounter unattended personal property or bedding in public areas or encampments that reasonably appear to belong to a homeless person should not remove or destroy such property and should inform the respective district code enforcement officers to address the matter.
February 25, 2020