Community Advisory Council on Homelessness

Wednesday September 4th

1:00pm-3:00pm

Hybrid & In-Person in Chicago

Agenda

  • Welcome and Introductions
  • Johnson V Grants Pass: The Supreme Court Decision and the impact on Illinois
    • Alex Bautista, Deputy Director, Illinois Department of Human Rights (IDHR)
    • Niya Kelly, Director of State Legislative Policy, Equity & Transformation, Chicago Coalition to end Homelessness (CCH)
    • Bob Palmer, Policy Director, Housing Action Illinois (HAIL)
    • Foluke Akanni, Housing Policy Organizer, HAIL
  •  Public Comment
  • CACH Business
    • Introduction of New Members of the CACH
    • Required Trainings
    • Co-Chair Interest
  • Introduction of the New Members of the OPEH Team
  • OPEH Updates
  • CACH Work Groups
    • Home Illinois Summit & Summit Video
    • Benefits
    • Homeless Workforce
    • Communications/Narrative Change
    • CACH Annual Report
  • Closing

Johnson V Grants Pass

Housing Action Illinois

Chicago Coalition to end Homelessness

Illinois Department of Human Rights

Discussion on Johnson v. Grants Pass

US Supreme Court Decision and Its Impact on Illinois

Housing Action Illinois and Chicago Coalition to End Homelessness Discussion with Community Advisory Council (September 4)/Interagency Task Force (September 12)

Background on Johnson v. Grants Pass

  • On April 22, 2024, the Supreme Court of the United States heard the case of Johnson v. Grants Pass.
  • On June 28th, a decision was announced: people experiencing homelessness can be arrested and fined for sleeping outside when there are no safe alternatives.
  • Johnson v. Grants Pass is a court case originally filed in 2018 that determined it is cruel and unusual punishment to arrest or ticket people for sleeping outside when they have no other safe place to go. The case started in Grants Pass, Oregon when the city began issuing tickets to people sleeping in public, even when there were not enough safe, accessible shelter beds.

Known Local Ordinances: Passed and Proposed

Passed Prior to Supreme Court Decision (all in Madison County, unless noted)

  • Alton
  • Godfery
  • Granite City
  • Wood River
  • Glen Carbon
  • Brighton (Macoupin/Jersey Counties)

Passed Since Supreme Court Decision

  • Morton
  • Pekin
  • Rosemont

Introduced or Public Discussion

  • Peoria
  • O'Fallon (potential vote on 9/3)
  • Quincy (August media reports of draft being circulated in City Council)
  • Springfield (potential vote on 9/3)

Selected Provisions from Sample Ordinance: Alton

  • It shall be unlawful for any person to camp, or to engage in the activity of unauthorized camping, or to store personal property, as defined.
  • Prior to issuing any citation, the investigating officer shall provide a verbal and written warning to cease such unlawful conduct and a verbal and written referral for possible alternatives to their present camping practices, such as transportation, shelter, and/or contact information to public or private agencies who may be able to provide services or support.
  • Length of warning period is unspecified, but there shall be 24 hour written notice before confiscating property.
  • The Police Department will develop and maintain a policy to include procedural guidance regarding implementation to be published and implemented no later than 6 months after the passage of the ordinance.

Selected Provisions from Sample Ordinance: Alton

  • Police shall exercise discretion to ensure that individuals are not cited for violating this chapter due only to a true personal necessity that requires their present unauthorized camping practices.
  • The Department shall retain personal property confiscated in a manner consistent with the handling of other confiscated property, and must not dispose of such personal property for a period of at least 30 days.
  • Penalties: Initial Violation-a fine of no more than $100 or community service; Subsequent violation within 30 days of a violation-a fine of no more than $500 or community service; Each occurrence of a violation of this chapter or, in the case of a continuous violation, each day a violation occurs or continues, may constitute a separate offense and may be punishable separately.

Illinois Municipal League Model Ordinance

From July 29 IML Statehouse Briefing:

On June 28, 2024, the Supreme Court of the United States issued its Opinion (available via this link) in the matter of City of Grants Pass, Oregon v. Johnson et al. The underlying issue involved municipal authority in the regulation of camping on public property, specifically as it relates to homeless individuals.

The National League of Cities, in conjunction with the International Municipal Lawyers Association, issued a statement (available via this link) immediately following the decision, noting it as a "win for local control."

IML has developed a Model Ordinance Regulating Public Camping (available via this link) that complies with both the letter and spirit of the Supreme Court's opinion. The model ordinance maintains a structure of progressive ("stepwise" is the term used in the Court's opinion) enforcement and penalties.

As with all model ordinances and other matters that could result in litigation, we recommend that local officials consult directly with their municipal attorneys, corporation counsel or retained attorneys for direct legal advice specific to each issue and each community.

IML Model Ordinance: Selected Provisions

  • Public Camping is a nuisance and not permitted on public property, includes sleeping outside sleeping or staying overnight in a vehicle parked for two consecutive hours or more.
  • Prior to removing a campsite, the local shall post a notice, 24 hours in advance of the removal, unless immediate removal of the campsite is deemed to be necessary for one or more specified allowable reasons.
  • Upon any action regarding removal of campsite, the person causing such action to be taken shall inform an appropriate agency delivering social services to homeless individuals in the local government where the campsite is located and the persons found to be in violation of the Ordinance, so said agency may determine whether or not it would be appropriate to offer its services to those persons.

IML Model Ordinance: Selected Provisions

  • When a reasonably prudent law enforcement officer, exercising the applicable constitutional standard, would conclude that "Exempt Personal Property" constitutes items appearing to be stolen or otherwise appearing to be evidence of a crime, and/or items which the person cannot demonstrate the requisite lawful authority to possess, may be retained and stored as evidence.
  • All "Personal Property" removed from any Campsite which is not "Exempt Personal Property" shall be stored by the appropriate law enforcement agency of the City/Village/Town, for a minimum of 30 days, during which time it shall be reasonably available for and released to an individual confirming ownership.
  • Fines for each violation within a rolling 24 month period: ;1st: ($75); 2nd ($150); 3rd: ($350); 4th: ($500); 5th ($750); and 6th: ($750 or incarceration of up to six months (in accordance with Section 1-2-9 of the Illinois Municipal Code (65 ILCS 5/1-2-9).

IML Model Ordinance: Selected Provisions

  • Monetary penalties can be substituted with cleaning the rights-of-way and other public facilities paid at state minimum wage.
  • Local governments can seek incarceration for unpaid fines.
  • Penalties shall be mitigated by whether or not the person immediately removed all Personal Property and litter from the campsite after the person was informed that the person was in violation of this Ordinance.
  • A separate offense of this Ordinance shall be deemed committed on each day on which a violation occurs or continues.
  • Any person found in violation of this section may be immediately removed from the premises where the campsite is located.

Discussion on Selected Public Responses in Opposition to Proposed Ordinances

  • Alton
  • Peoria
  • Springfield

How to Respond to Local Ordinances: Selected Ideas

  • Proactively advocate for policies that support Housing First strategies
  • Oppose the criminalization of homelessness
  • Where camping bans are proposed, determine if the motivation is making use of a newly sanctioned power and/or actual unsheltered homelessness in the community.
  • Cite findings from Black Homelessness in Illinois: Structural Drivers of Inequality and Illinois Homelessness Morbidity and Mortality Report 2017-2022, as resources to the case against proposed ordinances
  • Oppose ordinances or negotiate changes
  • Make use of Illinois Homeless Bill of Rights
  • Make use of Illinois State Police resources developed with support of IDHS' Office to Prevent and End Homelessness and Project NOW in Rock Island.
  • Cite local collaborations between homeless service providers and law enforcement agencies as a more positive model

Illinois' Homeless Bill of Rights

State law since August 2013, the Bill of Rights for the Homeless Act (775 ILCS 45/) provides protections to prevent discrimination of people without a fixed or regular residence. Under this act, the following rights cannot be denied on the basis of housing status:

  • The right to keep one's job
  • The right to access emergency medical care
  • The right to access public spaces and transit systems
  • The right to privacy of personal property
  • The right to vote

To date, CCH's Law Project has successfully litigated or negotiated three Homeless Bill of Rights cases. These efforts secured financial settlements for unsheltered clients whose belongings were unlawfully thrown away. This work also led to the City of Chicago enacting a street cleaning policy with heightened protections for people experiencing street homelessness.

Illinois State Police Resources Prior to Grants Pass Decision

IL Law Enforcement Response to Homelessness Guidebook (Released October 2023)

https://isp.illinois.gov/Director/ResponseToHomelessnessGuidebook

This Guidebook is composed of sections that interrelate and reinforce collaborative practices and planning on the issue of homelessness. Law enforcement agencies can use the Guidebook to assist with creating or enhancing their policies, while providing officers training and resource that will help while on the job.

Illinois State Police Directive, EEN-053, Interaction with Homeless Persons (Revised January 3, 2024)

https://isp.illinois.gov/StaticFiles/docs/DepartmentDirectives/ENF-053%20DIR.pdf  

The Illinois State Police (ISP) will provide law enforcement services and protect the rights, dignity, and private property of all members of the community, regardless of socioeconomic or housing status. ISP personnel will comply with the Illinois Bill of Rights for the Homeless Act and the Illinois Human Rights Act when interacting with homeless persons.

Examples of Local Service Provider/Local Government Collaborations

  • Springfield: "co-responder" model the department has employed since 2019 in which police work in conjunction with mental health professionals
  • Rockford
  • Suburban Cook County: Homeless service providers and METRA
  • Chicago: Social service providers, City of Chicago and CTA

Additional Resources

National Homelessness Law Center (Info on Grants Pass decision and opposing criminalization): https://johnsonvgrantspass.com  and https://housingnothandcuffs.org

Housing First Strategies: https://nlihc.org/explore-issues/housing-programs/housing-first  

Public Comment

CACH Business

CACH Business

  • Introduction of New Members of the CACH
    • Sheri Allen Reeves, Phoenix Foundation, Service Provider
    • Emily Krisciunas, Chicago Funders Together to End Homelessness, Philanthropy
    • Jose Munoz, La Casa Norte
    • April Redzic, DuPage PADS
    • Malena Kalafut, City of Kankakee
  • Required Trainings
  • Volunteer Agency Needed - Central/Southern Illinois; Food Access Study with UIC
  • Volunteer Host for December 2024 and/or March 2025 Meetings
    • Highlight homelessness in region, local approaches
    • Previous hosts:
      • Heartland Housed (Springfield)
      • Alliance to End Homelessness of Suburban Cook County (Hillside)
      • Embarras River Basin Agency (Greenup)
      • Heart of Illinois United Way (Peoria)
  • Co-Chair Interest

New Members of OPEH Team

OPEH Senior Leadership Team

  • Colleen Mahoney, Senior Policy Advisor, Illinois Department of Public Health
  • Brenda O'Connell, Senior Policy Advisor, Illinois Housing Development Authority
  • Richard Rowe, Senior Policy Advisor, Illinois Department of Corrections
  • Starting on September 16, Senior Policy Advisor, Illinois Department of Healthcare and Family Services
  • TBD, Associate Director, OPEH, Illinois Department of Human Services

OPEH Updates

Home Illinois Summit Video

OPEH Updates

  • Home Illinois Plan to Prevent & End Homelessness FY25-26; Release in October
  • One System Initiative, Phase One Close, September 19th, 3pm
  • Chicago Funders Together to End Homelessness hosting a Home Illinois Funders Briefing, September
  • Racial Equity Roundtables
    • Latino Roundtable, Invitations to join roundtable delivered; First roundtable convening in November
    • UIC Institute for Research on Race & Public Policy, Black Homelessness in Illinois Event, Harold Washington Library, Chicago, September 10 4pm-6pm
  • Welcome David Esposito, Illinois Department of Human Services, Division of Family & Community Services, Associate Director, Office of Housing Stability

CACH Work Groups

CACH Work Groups

  • Home Illinois Summit
  • Benefits Access
  • Homeless Service Workforce
  • Communications/ Narrative Change
  • CACH Annual Report

Closing