A statewide prohibition on sleeping in public spaces is on the way to Indiana Gov. Mike Braun’s desk, after Senate lawmakers on Thursday narrowly agreed to House changes in a 28-22 vote.
The controversial idea — which critics have likened to a “criminalization of homelessness” — died twice during last year’s legislative session before crossing the finish line a year later.
Proponents say it’ll help connect people experiencing homelessness to essential services.
“I do believe that this bill will make an impact. I believe it will save lives,” said Sen. Cyndi Carrasco, R-Indianapolis. She authored Senate Bill 285.
Indiana public camping ban moves to House floor
The measure bans camping, sleeping or long-term sheltering on land owned by the state or a unit of local government — and establishes a Class C misdemeanor for violations.
That carries a penalty of up to 60 days in jail and a fine of up to $500.
A law enforcement officer must first decide whether the person is “gravely disabled” and qualifies for an involuntary hold. The bill edits the definition of gravely disabled to include people who lack regular shelter and are living outdoors through dangerous weather conditions — but only if they’ve refused transportation to a shelter or mental health service provider with available slots.
Of those who don’t qualify for emergency detention, alleged first-time violators would receive a warning and be given information on shelter and services. All those still within a 300-foot radius more than 48 hours later could be charged. That language got tweaks in the House.
“Why would you prescribe any distance away?” said Sen. Greg Taylor, D-Indianapolis. “… What I think we should be working on is finding a place for the unhoused to be housed. This is a bill that looks for a place for the unhoused to remain unhoused, because you can actually move 300 feet and not violate this law.”
Taylor additionally called it “dangerous” to hit an impoverished homeless person with a $500 fine.
House lawmakers also added defenses from prosecution, such as a lack of available beds at a shelter or treatment facility within five miles of where the violation occurred. Housing advocates previously testified Indiana has a deep shortage of slots in such facilities. Another defense: if it’s been less than six months since the person was released from a facility after being found mentally ill and either gravely disabled or dangerous.
People charged could still participate in diversion programs, while units of local government could still push such programming or initiatives that favor housing or shelter services over arrest.
But they’d be prohibited from discouraging or ignoring enforcement of bans on public camping, and from stunting related local law enforcement efforts. The House removed a Senate provision letting any resident, business owner or the attorney general sue local governments for violating those provisions.
Sheriffs previously testified against the bill’s potential costs. Housing an offender in 33 county jails cost between $56 and $79 daily on average, according to 2023 data cited in a fiscal analysis prepared by the nonpartisan Legislative Services Agency.
“It’s going to create overcrowdedness in the jails, which means what? They’re going to go to the (local) council and say, ‘Give us more money to build more jails,'” said Sen. Lonnie Randolph, D-East Chicago. “That’s not the answer. The answer is helping these homeless people by providing the things that they need, like food, shelter and a job — not jail time.”
Carrasco said there is mental health grant funding if jails do experience increases in population.
The bill squeaked through the House on Tuesday in a 53-44 vote featuring bipartisan opposition. It first cleared the Senate last month in a slightly less narrow vote of 29-19.
Bills need support from more than 50% of a chamber to pass: 51 in the House and 26 in the Senate.
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