No Homeless Detention Centers Act

Summary#

This bill would stop organizations that receive funds from the Department of Housing and Urban Development (HUD) from forcing people experiencing homelessness to live in facilities meant for homeless people. It would also bar forcing residents of such facilities to work in order to stay, punish people for doing life-sustaining activities on public property, or provide help to law enforcement or contractors to do those punishments.

The bill includes definitions. "Homeless person" uses the McKinney-Vento Act definition. "Life-sustaining activities" include moving, resting, sitting, standing, lying down, sleeping, protecting oneself from the elements, eating, drinking, and storing needed personal property. "Public property" includes places like plazas, courtyards, parking lots, sidewalks, public transit facilities, public buildings, underpasses, lands adjacent to roadways, and parks. "Punishment" includes physical violence, arrest, fines, revocation of privileges, involuntary commitment, conservatorship, guardianship, and similar legal consequences.

The bill text also lists findings used by its sponsors. Those findings say homelessness has grown for many reasons (for example, lack of affordable housing and health care, economic hardship, systemic racism, low wages, mass incarceration, and disasters). The findings say many local laws now criminalize camping and similar activities and that some recent proposals and orders have encouraged forced camps, detention-style facilities, or work-conditioned housing for unhoused people.

What it means for you#

• If you are experiencing homelessness: under this bill, HUD-funded recipients could not force you to live in a designated homeless facility, make you work to stay there, or punish you for basic acts like sleeping or protecting yourself on public property.
• If you run or work for an organization that receives HUD funds: you could not compel people to reside in shelters, require labor as a condition of residence, threaten punishment for life-sustaining activities on public property, or assist law enforcement or contractors to do those things.
• The bill uses specific legal definitions for terms such as homeless person, life-sustaining activities, public property, and punishment.

Expenses#

No publicly available information.

Proponents' View#

Proponents argue the bill is needed to prevent forced detention-style camps and work-conditioned housing for people experiencing homelessness. The bill's findings say homelessness is increasing for many reasons and that many places have moved to criminalize camping and other survival activities. The findings also point to recent executive and state actions and proposals that supporters view as promoting forced camps, detention facilities, or forced labor for unhoused people. Supporters say the bill would protect basic survival activities and prevent punishment or forced labor tied to federally funded programs.

Opponents' View#

No publicly available information.