The government of San Jose is the latest California city looking to crack down on unhoused residents sleeping outside.
Last week, Mayor Matt Mahan proposed a policy that would make it a crime for unhoused residents to repeatedly refuse offered shelter. Under the proposal, if an unhoused resident says “no” more than three times, they could face arrest.
"We all have a responsibility to end this crisis," Mahan said during a press conference. "Government, on behalf of our community, has a responsibility to build shelter, and our homeless neighbors have a responsibility to use it."
Despite there being availability at shelters in the city, Mahan said many unhoused residents refuse to go.
"One out of three people in this area who were offered housing refused to come indoors," Mahan said.
The proposal could push unhoused residents into drug court, he said, where they’re offered drug rehabilitation services as an alternative to criminal punishment.
How does Chico compare?
Unhoused residents camping in Chico don't face arrest just for refusing shelter.
Instead, the first time they’re encountered during an encampment removal, they’re assessed by city staff and directed to stay at either the congregate Torres Community Shelter or the City of Chico’s Genesis micro shelter site.
Unsheltered residents are only assessed once. This means if they’re forced to relocated during a future encampment cleanup, they’re automatically directed to the same shelter they were previously directed to, regardless of their reasons for not going.
If an unsheltered resident in Chico refuses to go to the shelter they’re directed to and they do not leave the area they’re being removed from, then they could face fines or arrest.
The policies around how the City of Chico removes homeless encampments and punishes unsheltered campers have been hotly debated since they were created by the Warren v. Chico settlement agreement in 2022.
In the notices it sends out ahead of encampment removals, the City documents the number of unhoused residents who’ve had a shelter assessment in the past, but didn’t go or been removed from a shelter. These individuals are not reassessed and are often forced to move repeatedly. Some unsheltered residents who spoke with NSPR said they’ve been relocated 10 or more times.
Chico’s city government is currently trying to get out of the Warren v. Chico settlement agreement entirely, arguing that its requirements are "unworkable." Last year it filed a motion seeking relief from the settlement, noting that the requirement for 7-day notices slowed down how frequently it could remove encampments and enforce anti-camping laws. That request is being reviewed by a federal judge.
