Prohibits imposing imprisonment or other penalties or fines for sleeping or camping in public spaces; prohibits involuntary admission to a hospital for observation, care and treatment or deeming a person as posing a substantial risk of physical harm to themself for failing to provide their own essential needs solely due to the fact that such person is sleeping in or upon publicly-owned property which is open to the public at such time.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5452A
SPONSOR: Forrest TITLE OF BILL:
An act to amend the civil rights law, in relation to prohibiting impri-
sonment for sleeping or camping in public spaces
PURPOSE OR GENERAL IDEA OF BILL:
To prohibit the arrest, imprisonment, or penalization of individuals for
sleeping or camping in public spaces that are open and available for
public use, except under specific circumstances where the individual may
pose an imminent threat to safety or impede access to public property.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1: Names the act as the "Stop Law Enforcement of Encampment
Penalties (SLEEP) Act."
Section 2: Adds a new Section 29 to the Civil Rights Law to:
1. Prohibit arrest, imprisonment, charging, fining, removal, or, confis-
cation of personal property for individuals sleeping in public spaces,
provided they are not substantially impeding operations or access, nor
posing an imminent threat to safety or health.
2. Prevent municipal corporations from issuing laws, rules, or regu-
lations that contradict this provision.
Section 3: Establishes the effective date as immediate upon enactment.
JUSTIFICATION:
This Stop Law Enforcement of Encampment Penalties (SLEEP) Act addresses
the increasing criminalization of homelessness and the use of public
spaces for sleeping or camping by individuals without other housing
options. Current practices often lead to the arrest or penalization of
these individuals, exacerbating their hardships without addressing the
root causes of homelessness. The Supreme Court's recent decision in
Grants Pass v. Johnson, which made it easier for communities nationwide
to fine, ticket or arrest people living unsheltered, even when there is
no adequate shelter available, makes the need for New York to take
action all the more pressing.
By prohibiting imprisonment for sleeping or camping in public spaces,
the SLEEP Act recognizes the necessity of providing humane treatment to
vulnerable populations. It ensures that individuals who are not impeding
access or posing safety threats are not subject to punitive measures
simply for existing in public spaces.
This bill aligns with recent trends in other states and municipalities
that have decriminalized homelessness, focusing instead on supportive
services and housing solutions. Studies have shown that criminalizing
homelessness does not reduce the incidence of homelessness but instead
burdens local law enforcement and judicial systems with cases that do
not address the underlying social issues.
In New York, where the homeless population remains significant, this
legislation is a crucial step towards ensuring that individuals are not
punished for their lack of housing and that the state upholds the digni-
ty and civil rights of all residents.
It is critical for unhoused people to have the right to remain and move
freely in public spaces and to not be criminalized for existing in
public spaces in the absence of any alternatives. The practice of
threatening t) arrest, fine, charge, imprison, involuntarily commit,
remove, or confiscate life-sustaining personal belongings of a person
experiencing homelessness violates the rights to life, freedom from
arbitrary detention, and the adequate housing of the residents of this
state. Accordingly, this legislation seeks to decriminalize homelessness
and promote non-punitive alternatives to expand the civil rights law.
PRIOR LEGISLATIVE HISTORY:
This is a new bill.
FISCAL IMPLICATIONS:
The bill is expected to reduce costs associated with law enforcement,
judicial processing, and incarceration of individuals for minor offenses
related to sleeping or camping in public spaces
EFFECTIVE DATE:
This act shall take effect immediately upon enactment.
