335 lines
16 KiB
Plaintext
335 lines
16 KiB
Plaintext
November 1990
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POLICE AND THE HOMELESS
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By
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Barney Melekian
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Lieutenant
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Santa Monica, California, Police Department
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All across the country, from small towns to big cities,
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communities face both practical and ethical problems associated
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with the increasing number of homeless people. Police
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departments, especially, have found dealing with the homeless to
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be a significant law enforcement challenge. These departments
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are learning that an effective approach to policing the homeless
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is not easily formulated, nor is there a single solution. One
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fact does remain, however--police departments must address the
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problems and focus their efforts toward a solution.
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TWO PHILOSOPHIES EMERGE
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Much has been written on the causes of homelessness, and
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the debate continues, both in Santa Monica and across the
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Nation, as to the appropriate social policy to adopt. Citizens
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and law enforcement officers are caught between legal and
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ethical means of confronting this sensitive issue.
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Nevertheless, as is usually the case, the responsibility of
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dealing with the homeless on a day-to-day level ultimately falls
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on the police department.
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The City of Santa Monica has become a prime area for a
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growing homeless population. Located within Los Angeles County,
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the city has attracted homeless by its location and the several
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homeless outreach programs begun there. The impact of the
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recent homeless influx to Santa Monica strained the existing
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resources of the department and focused public debate onto what
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the role of the police department should be concerning the
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homeless. Two distinct political philosophies emerged from this
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debate, and the police department found itself caught in the
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middle, looking for a workable solution.
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Social Problem
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One philosophy holds that the issue of the homeless is a
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social problem that could not and should not be pushed onto
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other jurisdictions. This point of view came from the city
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attorney's office. In an interview given on May 3, 1990, the
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city attorney articulated a position that the homeless issue
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stems from a failure of the national and State governments to
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deal with the issues of affordable housing and to provide a
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workable public mental health policy.
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The city attorney's office views the homeless issue as a
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fundamentally moral one because of the larger-scale national
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failures that caused the problem. It also holds that local
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government, including the police department, must provide a
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solution, albeit temporary and incomplete, until effective
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long-range national and State public policies are put into
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effect.
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As an extension of these beliefs, several changes in
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prosecutorial policies were instituted. These changes reflected
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no prosecutions for public intoxication and no prosecutions for
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"economic" offenses, such as sleeping in public parks,
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possession of shopping carts, and other misdemeanors and
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infractions which are, for the homeless, oftentimes necessary to
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their survival. The city attorney's office also believed
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alcoholism to be a disease and that jail was not a suitable
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alternative to a detoxification center. There is a further
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belief that many of the applicable infractions spelled out in
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the Santa Monica Municipal Code are economically based and
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should not be used against a class of persons who have few, if
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any, financial options.
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Menace
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The alternative philosophy holds that while the problems of
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the homeless are unfortunate, a city of 8.2 square miles cannot
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and should not attempt to deal with an issue of this magnitude.
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This point of view was espoused by both business groups and
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individual citizens who find themselves confronted by persons
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who are often intoxicated and/or mentally unstable. This group
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views the role of local government, and in particular the police
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department and the city attorney's office, as one of pressure
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and enforcement--even to the point of moving the problem across
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geographical lines into the City of Los Angeles.
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PROBLEMS ASSOCIATED WITH THE HOMELESS
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Predictably, the police department found itself squarely in
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the middle between these two opposing points of view. The
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demand for compassion often conflicted with the demand for
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enforcement. Additionally, because of the political sensitivity
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involved, there was little specific direction from the city
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government.
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Three distinct problem areas emerged for the police
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department from this philosophical debate: 1) The conflict over
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the use of public facilities, 2) public demands for enforcement
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action against activities that are often only marginally
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criminal, and 3) the need to provide police service to an
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economically disenfranchised class of people. All three of
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these problem areas needed to be addressed against a backdrop of
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preserving constitutional liberties for all citizens.
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Use of Public Facilities
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The first problem area, that of the conflict over use of
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public facilities, is nowhere more clearly illustrated than in
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Palisades Park. The park is a narrow strip of land, 1-1/2 miles
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long, located along the bluffs that overlook the Pacific Coast
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Highway and the Pacific Ocean. At the extreme south end of the
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park is the entrance to Santa Monica Pier. The pier, and the
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park area adjacent to it, is a major tourist attraction. In
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addition, a senior citizens center located there serves as a
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major recreational area for Santa Monica's senior community.
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The park is also one of the major gathering places for the
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city's homeless population. For nearly 5 years, it was the site
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of the city's feeding programs. Additionally, it is in close
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proximity to several low-cost bars, liquor stores, and motels.
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During daylight hours, it is not uncommon to see literally
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dozens of homeless people sleeping on the ground adjacent to
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senior citizens attempting to use the outdoor shuffleboard
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court. The combination of senior citizens, tourists, and
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homeless people produced demands that something be done about
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getting rid of the homeless problem.
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A traditional law enforcement response in times past would
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have been simply to advise the homeless people to leave the
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area. Indeed, the concept of law enforcement officers moving
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``undesirables'' along is not new. However, from both a moral
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and a legal standpoint, it is no longer an acceptable or
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practical method. Officers might be able to move the transients
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out of the park temporarily, but the fact that the city's
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feeding programs were operated there specifically for the
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homeless guaranteed that they would return. Additionally, when
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homeless people believed that they were the victims of police
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harassment, they often brought their complaints to the attention
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of the police department's Internal Affairs Unit.
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Frustrated officers found that arrests and citations for
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drinking in the park, sleeping after midnight in the park, and
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panhandling were not being consistently prosecuted. The
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response was predictable. Officers began to issue warnings or
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simply ignore the situation when possible. Thus, in spite of
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great public pressure, the homeless remained in the park and the
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problem remained unsolved.
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Panhandling
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The second problem area, the demand for enforcement action
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for marginal criminal activities, is best illustrated by the
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problem of panhandling. There is a local law that makes it a
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misdemeanor to solicit money. (1) This law, together with a
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similarly worded municipal code ordinance, has been used to deal
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with those homeless people who ask for "spare change." This
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activity is the one in which citizens experience their most
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direct contact with the homeless. It can be a frightening
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encounter and the one for which they are most likely to call the
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police for assistance. Accordingly, the traditional police
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response has been to issue citations or make arrests.
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However, in 1984 the city attorney's office changed
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prosecutorial standards for panhandling to include force or
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assaultive behavior. This new definition of panhandling is
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close to that of robbery, as defined in penal code section 211,
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"...the taking of the personal property of another by means of
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force or fear." (2) Also, homeless people who were arrested
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under the new panhandling statute often would file harassment
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complaints against officers.
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In the panhandling problem area, there was obvious
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miscommunication that was preventing an effective resolution.
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The city council or the city manager's office did not direct the
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police department to cease making panhandling arrests. Neither
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did they advise that panhandling be redefined, nor did they
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alter prosecutorial policies. A situation developed in which
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the two enforcement arms of local government (the city
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prosecutor and the police department) were working at
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cross-purposes and little change was being made to bolster
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public confidence that the homeless problem was being resolved.
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The panhandling and public facilities issues are serious
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concerns that reshaped the police department's understanding of
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how the public perceived safety. What the homeless problem
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produced was the presence of a large number of individuals whose
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lifestyle is completely outside of the average working citizen's
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frame of reference. Consequently, contacts with these
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individuals often became cause for public anxiety. However
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idealistic, the public expected the police department to make
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the homeless people disappear. While carrying out this wish
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might have provided a short-term solution, the mandate to
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preserve constitutional liberties remained paramount.
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Demands for Public Service
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The third problem area was the increased demand for police
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service created by the homeless population. These demands take
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two forms. The first, increased calls-for-service, includes
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calls both from the homeless themselves concerning assault,
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rape, robbery, and homicide, as well as calls about the homeless
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by an increasingly apprehensive and fearful public. The second
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factor is the involvement of homeless people in serious felony
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crimes.
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In January 1990, the department began a program to track
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the homeless-related calls for service. Officers were directed
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to highlight every call on their daily service logs that
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involved homeless persons as either victims, suspects, or other
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significantly involved parties.
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During the first 5 months of 1990, the following calls for
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service patterns emerged:
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* Of the 19,295 calls received during the Day Watch, 6,071
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(31.5%) were homeless calls.
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* Of the 14,008 calls received during the Night Watch,
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3,569 (25.5%) were homeless calls.
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* Of the 10,570 calls received during the Morning Watch,
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2,141 (20.3%) were homeless calls.
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In addition 3,483 persons were booked into Santa Monica
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Jail during the same period. Of these, 1,234 were homeless, for
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a total of 35.4% of all bookings. Thus, with over one-third of
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police patrol services being generated by and for less than 2%
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of the resident population, the impact of the homeless on the
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police department's functions has been striking.
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The second impact area is that of serious felony crimes
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produced by the homeless population. The increase from 1985 to
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May 1990, shows dramatic growth, both in the percentage of
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homeless suspects arrested and the involvement of the homeless
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as a large part of the overall increase.
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During the same timeframe, the number of transient suspects
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arrested increased from 39 to 98, for a 151% increase in
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transient involvement.
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Nowhere is the crime impact of the homeless population more
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clearly demonstrated than in homicides. For example, in 1988
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there were 10 homicides that included 7 homeless victims and 8
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possible homeless suspects.
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STEPS TOWARD A SOLUTION
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During the last year, changes have been made in Santa
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Monica to employ cooperative methods in order to face the
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homeless problem head-on. One measure has been the city's
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decision to move the feeding program from Palisades Park to the
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front lawn of city hall. While this has not reduced the number
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of homeless in the park, it has reduced many gatherings of
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homeless people at meal times. This has had a positive impact
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on public perception, because citizens have seen a visible
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change in the community. Other programs are being implemented
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to get the city involved in providing solutions to a situation
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that cannot be ignored. The police department has also taken on
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an increased role in dealing with the homeless through
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HELP--Homeless Enforcement Liaison Program.
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HELP Program
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The Santa Monica Police Department developed HELP to focus
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attention on the law enforcement problems involving the homeless
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population. A team of two officers, assigned to work solely on
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transient-related crimes, were chosen for their past experiences
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with the homeless and their ability to handle transient
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situations effectively.
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In May 1990, the first month of operation, the HELP team
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alone received 249 calls for service, 231 of which were
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homeless-related. These figures reflect one of the program's
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goals--to reduce the homeless workload on the rest of the
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department. Of those calls for service, the HELP team made 84
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arrests, gave out 73 misdemeanor citations, and filed 97 field
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interview cards after talking to suspects. This specially
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mandated team is beginning to have an impact on the homeless
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problem area and to effect changes that the community can see,
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while at the same time preserving constitutional liberties for
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all citizens, including the homeless.
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Future Plans
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The department has been prompted to plan future additions
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to the HELP program. One task, undertaken with the approval of
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the city attorney, is to identify the most conspicuous criminal
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offenders within the homeless population and arrest them. The
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city has also just authorized seven more officers for the
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department who will work specifically with the homeless, thus
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expanding the number of officers who develop specific knowledge
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and experience. These programs and other developments should
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help boost the public's confidence that positive, cooperative,
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and concrete steps are being taken to solve this problem in
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their community. The real significance of this program is that
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the city attorney's office and the police department are both
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striving to work together to institute collaborative enforcement
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actions.
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CONCLUSION
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The law enforcement problems generated by the presence of a
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large homeless population present an unique public policy
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dilemma. Unlike drugs, there is no clearly defined public
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consensus as to whether a law enforcement problem truly exists
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concerning the homeless, and assuming that it might, what ought
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to be done about it. The idea of using the police to drive the
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homeless out of town is emotionally appealing for some segments
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of the resident population, but it ultimately presents grave
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moral and constitutional conflicts.
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The dimensions of the problem are national in scope, but
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local in impact. Every jurisdiction in the Nation will have to
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deal with the homeless in some form during the remainder of this
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century. Until such time as public policy decisions have been
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made at the local, State and national levels with respect to
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mental health facilities and detoxification centers, the problem
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will continue to fall largely on the shoulders of local law
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enforcement. Cooperation between city authorities and the
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police department, as well as the implementation of programs
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such as HELP, are ways of confronting an issue that is
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affecting more and more of our Nation's cities and towns every
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day.
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FOOTNOTES
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(1) Title 15, sec. 647(c), Santa Monica Penal Code.
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(2) Title 8, sec. 211, Santa Monica Penal Code.
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