September 12, 2024 Interagency Task Force on Homelessness

Thursday, September 12th

10:00am-11:30am

Hybrid & In-Person in Chicago

Agenda

1. Welcome and Introductions
2. OPEH Updates
3. Medical Respite in Illinois
4. Public Comment
5. Grants Pass v Johnson, Implications for Illinois
6. Closing

OPEH Updates

Office to Prevent & End Homelessness Updates

• Home Illinois Plan to Prevent & End Homelessness FY25-26; Release in October
  • OPEH may reach out in the next week to confirm budget/activities if questions
• Racial Equity Roundtables
  • Latino Roundtable, Invitations to join roundtable delivered; First roundtable convening in November
  • Black Homelessness Report Release Events - Does your agency want to host one?
    • Moline, Chicago
• FY25 Work Groups
  • Morbidity and Mortality Report Response (2-3 meetings total)
• Public Benefits Access (monthly meeting, 6-9 months)
• Homeless Services and Housing Work Force (monthly meeting, 9-12 months)
• Communications/Public Narrative Change Campaign (2x month meetings, 3-6 months)
• Home Illinois Summit (1-2x month meetings, 4 months)
  • Agency Lead? 2024 Summit 1/2 day lead by IL Dept of Public Health

Medical Respite in Illinois

Public Comment

Johnson V Grants Pass, Implications for Illinois

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 Interagency Task Force on Homelessness (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 28, 2024, a decision was announced: people experiencing homelessness can be arrested and fined for sleeping outside even when there are no safe alternatives.
• Johnson v. Grants Pass, originally filed in 2018, was in response to Grants Pass, Oregon imposing civil fines against violators of anti-camping, anti-sleeping, and parking exclusion ordinances, as well as criminal penalties of trespassing on repeat violators who continued to reside on public land.

Known Local Ordinances: Passed and Proposed

Selected Provisions from Alton Ordinance

• 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 Alton Ordinance

• 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.

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

Selected Public Responses in Opposition to Proposed Ordinances

• Alton: Significant changes were made to proposed ordinance based on negotiations with homeless service providers, faith-based organizations and others: https://www.riverbender.com/articles/details/alton-gives-public-camping-ban-final-approval-69240.cfm
• Peoria: Due to opposition, proposed ordinance put on hold to allow time for further deliberations: https://www.wcbu.org/local-news/2024-09-04/peoria-mayor-rita-ali-desires-humane-and-strategic-approach-to-removing-street-encampments 
• Springfield: Due to opposition, proposed ordinance put on hold to allow time for further deliberations: https://www.illinoistimes.com/news-opinion/city-council-delays-vote-on-prohibiting-public-camping-19034190  

Organizing and Advocacy Collaboration in Peoria

CCH/ACLU Toolkit Building

• Power Analysis
• Community Relationships
• Homeless Data
• Inside/Outside Game
• Media Opportunities
• Testimony Training

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 

Homebase (HUD-funded TA Provider) Grants Pass v. Johnson: Overview and Action Steps:

https://www.homebaseccc.org/post/grants-pass-v-johnson-overview-and-action-steps  

Closing