A bill to criminalize public camping and create “homelessness courts” in Louisiana passed its first hurdle Tuesday, despite objections from housing advocates and religious groups.
Senate Bill 196, sponsored by Rep. Robert Owen, R-Slidell, would make “unauthorized public camping” a crime punishable by six months in jail, a $500 fine or both for the first offense. The second offense imposes a sentence of one to two years in jail and a $1,000 fine.
A Senate committee advanced the bill in a 4-3 vote along party lines, with Republicans prevailing. Republican Gov. Jeff Landry supports the legislation.
The proposal would also allow parishes to establish a court program for unhoused people, versions of which already exist in other states. They would give defendants the option to have their conviction set aside if they agreed to be placed on supervised probation and enter into long-term substance or mental health treatment. If the person failed to complete the program, they would face criminal sentencing. The defendant would be responsible for paying program costs, unless a judge waives them.
Prosecutors and judges would have the authority to decide whether homeless defendants, facing a misdemeanor or felony charge, could be diverted to the homelessness court program. People charged with a violent crime or sex offense, or with a past homicide or sex crime conviction, would not be eligible to take part. Owen’s bill also excludes persons accused of driving under the influence of alcohol or drugs that resulted in someone’s death.
Disagreement over the bill came down to views on housing solutions. Its supporters argued enough resources exist for homeless people, but they need to be convinced to accept assistance.
“We need to have some kind of stick and carrot, essentially, attached to the bill that gives it a little teeth,” Owen told the Illuminator after the hearing. He added that amendments to his proposal are likely.
Organizations against the bill are those that advocate and support people without housing. They include the Travelers Aid Society and Unity of Greater New Orleans. Representatives with the Louisiana Interchurch Conference and the Louisiana Conference of Catholic Bishops also testified against the proposal.
They argued the bill criminalizes homelessness without offering housing solutions, funding or support services. Sufficient affordable housing and needed treatment programs simply don’t exist in Louisiana, they said.
“Housing costs have doubled in the last 10 years. Sending these people to jail is a travesty,” said David Larsen, 50, who told lawmakers on the committee he was homeless for seven years.
Sens. Joe Bouie and Royce Duplessis, both Democrats from New Orleans, expressed skepticism about the expense of setting up homelessness courts falling on state and local governments and lack of housing support for people as they go through addiction or mental health treatment.
Bouie specifically took issue with the bill’s requirement for a 12-month treatment plan.
“What’re they doing during that time if they don’t have housing?” Bouie asked. “Where do they go? Back on the streets?”
Duplessis noted he lives near encampments in New Orleans, where he often sees homeless people who are not suffering from behavioral health issues and would benefit from simple financial support. According to federal data, 40% to 60% of homeless people in the U.S. have a job, but their wages have not kept up with the cost of housing.
“They literally can’t afford a place to live,” he said.
Meghan Garvey of the Louisiana Association of Criminal Defense Attorneys said Owen’s bill would only exacerbate homelessness in the state.
“This isn’t informed by any of the best practices” the American Bar Association recommends for homelessness courts, Garvey said, stressing the bill is “creating a whole new crime.”
Will Harrell of the Orleans Parish Sheriff’s Office, which operates the city jail, testified against opposed the bill. He warned it would worsen chronic capacity issues there. “There is no more room in the inn,” he said.
According to Orleans Sheriff Susan Hutson, it costs $53,000 to keep someone in jail for a year. Permanent supportive housing costs about $16,000 annually, said Angela Owczarek with the New Orleans housing advocacy organization Jane’s Place.
‘These resources don’t exist’
Christopher Walters, the governor’s deputy general counsel, appeared before the committee to support Owen’s bill and rejected opponents’ framing of it.
“I don’t believe this is criminalizing homelessness,” he said. “It’s criminalizing actions like erecting tents on public property.”
Walters and Owen suggested sufficient housing vouchers and nonprofit services already exist to help people. Owen also rejected the idea that housing is the solution to homelessness.
“I just don’t think building more housing is the way out of this,” the senator told the committee.
Housing advocates provided data in the meeting to contradict Owen’s statement.
Jennifer Carlyle of East Baton Rouge’s Continuum of Care said her homelessness service provider coalition has 2,000 people on its waiting list for housing vouchers, many of whom have waited for months or years for rental assistance.
Louisiana is short 117,000 affordable housing units, according to the National Low Income Housing Coalition.
“We’re asking people to get housed without having housing to put them in,” Carlyle said.
Some bill opponents also stressed that a person’s homelessness does not reflect a lack of desire to be housed. Donna Paramore of Travelers Aid said 98% of the people her nonprofit places in homes stay housed.
Detox and treatment centers often have weeks-long waitlists for beds, according to Owczarek.
“These resources don’t exist in our state,” she said.
Detractors of the bill also said it would likely disproportionately affect people of color, noting that more than 55% of tenants facing eviction in New Orleans are Black women.
“Just weeks ago, a single mom with five kids was sleeping in a van on my corner because no family shelter spaces were available,” Owczarek told the committee. “There’s nothing to stop this bill from leading to her arrest.”
Owen’s bill comes in the wake of a 2023 U.S. Supreme Court ruling that asserted it is not cruel and unusual punishment to arrest people who are sleeping outside when no shelter space is available.
The bill is similar to model legislation supported by the Cicero Institute, a public policy group whose backers include Elon Musk. Cicero has two lobbyists registered in Louisiana.