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New state law renders moot county’s 30-day notice before removing homeless encampments

A homeless camp, that has since been removed under Thomson's administration, by the Wheeler Mission on the city’s west side.
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WFIU/WTIU News
A homeless camp, that has since been removed under Thomson's administration, by the Wheeler Mission on the city’s west side.

A new Indiana law made Monroe County’s 30-day notice before removing homeless encampments “irrelevant,” according to commissioners.

Senate Enrolled Act 285 prohibits camping in public spaces. If a person is still camping 48 hours after a warning from law enforcement, they could be charged with a Class C misdemeanor.

The act also requires police to assess a person’s mental health and tell them about available resources. It takes effect July 1.

Monroe County attorney Jeff Cockerill told commissioners the state law overwrites Monroe County’s 30-day notice policy. Before the commissioners agreed to rescind the 30-day notice requirement at a June meeting, Monroe County Commissioner Jody Madeira became emotional.

Read more: Mayor criticizes new law making homeless camps illegal but prepares for its implementation

“I think we have an obligation to protect public spaces and the quality of life for all residents,” Madeira said. “We also have an obligation to say really clearly that [addressing] homelessness isn't by pushing people from one place to another, and poverty shouldn't become a pathway into the criminal legal system.”

Lawmakers, such as Gov. Mike Braun, believe the new law will improve Indiana’s problems with homelessness, WFYI reported. More than 4,860 people were counted as homeless in Indiana by the state’s 2025 Point in Time report.

"Before this action, Indiana's approach to the issue of homelessness had focused on housing first legislation that has demonstrably not reduced homelessness," Braun said.

Madeira said the county’s response to homelessness shouldn’t begin and end with law enforcement. She said law enforcement and service providers need to work together.

“It has to include shelter,” Madeira said. “It has to include mental health care. It has to include substance use treatment, case management, and affordable housing.”

Commissioner Julie Thomas also criticized the law, calling it an “another unfunded mandate from the state of Indiana.” Thomas said the county will still try to follow through with its intention, but it cannot “step on state law.”

“It solves nothing, the state law,” Thomas said. “But it makes sense for us to step back and to say, ‘Look, we intend to provide as much notice as possible if there is a county-based encampment that we are trying to move, disassemble,’ and hopefully get people into housing and shelter.”

Aubrey Wright is a multimedia Report For America corps member covering higher education for Indiana Public Media. As a Report For America journalist, her coverage focuses on equity in post-high school education in Indiana. Aubrey is from central Ohio, and she graduated from Ohio State University with a degree in Journalism.
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