Could Central Florida use homeless court instead of arrests?

Amid fears that a new state law will criminalize those who sleep outside, Central Florida leaders are coalescing around a diversion program to waive court fines for people experiencing homelessness in exchange for treatment, housing and employment.

One such program is called homeless court and may apply to unsheltered residents who are frequently arrested for infractions such as public urination, disorderly conduct or public sleeping. They often cannot pay the relevant fine, and arresting them only creates more obstacles to getting back on their feet.

In some models of the program, a homeless court judge may dismiss the charges if someone takes concrete steps to end homelessness.

The concept, implemented in a handful of Florida cities and several dozen municipalities across the country, has attracted the attention of many local activists and officials as a productive way to address homelessness issues.

“I think it’s probably going to happen,” said Eric Gray, executive director of the Christian Service Center. “That makes sense from the standpoint that you’re dealing with a lot of low-level crime and it’s a big part of the court agenda.”

The proposal runs afoul of Florida’s new homeless law, which requires local governments to ban camping in public places. Law enforcement worries they may have to arrest many more homeless people, increasing the burden on courts and prisons like Gray mentioned.

Homeless court can’t provide shelter to those in need — Central Florida cities and counties continue to face an urgent need to create more shelter beds — but it can help people take advantage of available options.

Such a program would likely be available outside of a traditional courtroom; but will still have a judge, public defender, prosecutor, and other characteristics of a typical legal process.

Gray offered the Parramore campus to host the program once a week.

Orlando City Commissioner Shan Rose, an early supporter of the idea, suggested it be built at Orange County’s Labor Release Center, which city officials are considering as a potential homeless shelter.

He said such a diversion program would reduce recidivism.

Noting that the court’s “sentences” could include drug and alcohol rehabilitation or job training, he said, “This equates dollars to sweat… the end goal is finding housing.” he said.

Orlando has not yet considered using the Job Evacuation Center in part for homeless court, but is interested in exploring the idea, a city spokesman said.

“Lisa Portelli, the City’s Homelessness Services Advisor, has reviewed programs across the country and seen the positive impact of homeless court in other cities,” said city spokeswoman Andrea Otero. “While it may not be city to city that would establish the homeless court, we are certainly open to exploring this option with community and government partners.”

The city gained control of the Labor Deregulation Center in a sweeping agreement with Orange County that covered issues from annexing farm lands to processing recyclables. Rose, who first floated the idea as a city employee in 2019, attended a meeting in September held by State Attorney Andrew Bain to discuss the idea of ​​creating such a court, which he supports as an alternative to jailing people.

“We need to make sure there are different solutions,” he said. Spectrum News 13. “Every option is on the table to solve this problem.”

Bain has since lost an election bid to Monique Worrell. It’s unclear where Worrell stands on the homeless court idea; He did not send a text message on the matter.

Homeless courts exist in various forms across the country but generally deal with low-level crimes faced by people experiencing homelessness. In the past, police sometimes turned a blind eye when people camped in public spaces; But the state’s new law makes that more difficult by creating a legal process for complaining parties to persuade police to enforce camping bans.

In Orlando, low-level municipal violations result in up to 60 days in jail and a fine of up to $500. It’s unlikely a person without a roof over their head would have the means or inclination to pay that fine, Gray said.

“The idea of ​​fines is not a deterrent because they are not collected,” he said.

These crimes are soaring in the region as skyrocketing homelessness and severe shortages of affordable housing and shelter beds leave people with nowhere to sleep with few options.

Before 2023, about five people a day were arrested for municipal violations, and that number has since increased to between eight and 15 a day, said Andrew Sullivan, a UCF researcher who has studied the issue.

“Even though they apply to everyone in the county, 60 to 70 percent of those arrested for this are experiencing homelessness,” he said.

The nation’s first homeless court was established in San Diego and handled approximately 11,000 cases over a 3-year period, with approximately 80% of those cases resolved without fines. Only 16 of those cases resulted in guilty pleas, and nearly $1.2 million in fines and fees were waived in 2021 because the defendant completed an alternative sentence to end their homelessness, according to data from the court.

Others were founded in places like Miami, Broward County and Sarasota.

Martha Are, CEO of the Central Florida Homeless Services Network, said she would like to see a version in Central Florida.

“Any effort to ensure that people experiencing homelessness are connected to the most appropriate services, and that it is done in a non-punitive manner, is a really good step,” he said. “I think this is a good idea for every district.”

[email protected]