The Los Angeles County Board of Supervisors passed a motion Tuesday affirming that county jails will not be used to hold people who are arrested during encampment sweeps.
The motion, authored by supervisors Hilda Solis and Lindsey Horvath, comes days after Gov. Gavin Newsom issued an order for agencies to clear homeless encampments that pose safety risks, citing the Supreme Court’s ruling in Grants Pass v. Johnson. The high court’s decision stated that enforcing laws around sleeping in public do not violate the 8th Amendment’s protection against cruel and unusual punishment.
The county’s unanimous decision reaffirms its existing encampment protocols, which operate under a Care First approach by directing homeless individuals to county services and away from jails. The motion also suggests for the county to find opportunities to collaborate with cities to provide more housing and temporary shelter resources to alleviate the homeless crisis.
“Arresting people for sitting, sleeping, or lying on the sidewalk or in public spaces does not end their homelessness, and will only make their homelessness harder to resolve with a criminal record and fines they can’t afford to pay. Our homelessness and housing crisis is regional, and will only be solved with a coordinated, unified response, and resources for housing and services,” the motion reads.
At the meeting Tuesday, local leaders including those from the L.A. County Sheriff’s Department and the Los Angeles Homeless Services Authority (LAHSA) showed support for the initiative, arguing that criminalizing people for sleeping outside doesn’t address the root of the crisis.
Supervisor Janice Hahn argued that incarceration should only be reserved for criminals. Sheriff Robert Luna agreed, saying that enforcement should only come if a crime is committed.
“We absolutely focus on a constitutional approach. Being homeless is not a crime and we will maintain our focus on criminal behavior rather than an individual’s status,” Luna said.
Supervisor Hilda Solis pointed to the care providers and tools the county has and applauded the availability of service compared to 10 years ago. “I think there’s a whole lot of people who can learn from L.A. County and from LAHSA and our partners who are working on this issue and have been.”
The Supreme Court’s opinion largely allows municipalities across the country to enforce anti-camping laws but does not mandate action from law enforcement agencies. Newsom’s order requires state agencies like state parks to clear encampments that pose safety risks, urging cities and counties to do the same. Officials are to give advance notice to homeless people, temporarily store their belongings and connect them to outreach services.
Kristie Hernandez, a resident of East L.A. emphasized that voices of unincorporated residents need to be considered and included in the plan, and said communities like hers should not bear the weight of the homeless crisis without a city council or city managers.
“We need to ensure that wraparound services are provided to folks to get them on their feet and become productive citizens to break the cycle of homelessness,” Hernandez said, also stressing public safety and that families and business owners should feel safe in their neighborhoods.
The motion also directs the Chief Executive Office Homeless Initiative, LAHSA and the Sheriff’s Department to report back to the County in 120 days to update the Board on the outcomes of the directives listed in the motion and any recommendations to better address the homelessness crisis across the county.
