Policy Text
Policy
442Fremont Police Department
Homeless Persons
442.1 PURPOSE AND SCOPE
The purpose of this policy is to ensure that personnel understand the needs and rights of the
homeless and to establish procedures to guide officers during all contacts with the homeless,
whether consensual or for enforcement purposes. The Fremont Police Department recognizes
that members of the homeless community are often in need of special protection and services. The
Fremont Police Department will address these needs in balance with the overall mission of this
department. Therefore, officers will consider the following when serving the homeless community.
442.1.1 POLICY
It is the policy of the Fremont Police Department to provide law enforcement services to
all members of the community, while protecting the rights, dignity and private property of
the homeless. Homelessness is not a crime and members of this department will not use
homelessness solely as a basis for detention or law enforcement action; however, crimes often
related to homelessness (for example, trespassing, panhandling, littering, etc.) will be enforced.
442.2 HOMELESS COMMUNITY LIAISON
The Chief of Police will designate a member of this department to act as the Homeless Liaison
Officer. The responsibilities of the Homeless Liaison Officer include the following:
(a)Maintain and make available to all department employees a list of assistance programs
and other resources that are available to the homeless.
(b)Meet with social services and representatives of other organizations that render
assistance to the homeless.
(c)Maintain a list of the areas within and near this jurisdiction that are used as frequent
homeless encampments.
(d)Remain abreast of laws dealing with the removal and/or destruction of the personal
property of the homeless. This will include:
1.Proper posting of notices of trespass and clean-up operations.
2.Proper retention of property after clean-up, to include procedures for owners to
reclaim their property in accordance with the Property and Evidence Policy and
other established procedures.
(e)Be present during any clean-up operation conducted by this department involving the
removal of personal property of the homeless to ensure that the rights of the homeless
are not violated.
(f)Develop training to assist officers in understanding current legal and social issues
relating to the homeless.
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442.3 FIELD CONTACTS
Nothing in this policy is meant to dissuade an officer from taking reasonable enforcement action
when facts support a reasonable suspicion of criminal activity. However, officers are encouraged
to consider long-term solutions to problems that may relate to the homeless and to provide
assistance and information to access appropriate resources, such as Abode Services, the City
of Fremont Human Services Department, or HOPE (Homeless Outreach People Empowerment)
Project.
442.3.1 OTHER CONSIDERATIONS
Homeless members of the community will receive the same level and quality of service provided
to other members of the community. The fact that a victim or witness is homeless can, however,
require special considerations for a successful investigation and prosecution. Officers should
consider the following when handling investigations involving homeless victims, witnesses or
suspects:
(a)Document alternate contact information. This may include obtaining addresses and
phone numbers of relatives and friends.
(b)Document places the homeless person may frequent.
(c)Provide homeless victims with victim/witness resources when appropriate.
(d)Obtain statements from all available witnesses in the event that a homeless victim is
unavailable for a court appearance.
(e)Consider whether the person may be a dependent adult or elder, and if so, proceed
in accordance with the Senior and Disability Victimization Policy.
(f)Arrange for transportation for investigation-related matters, such as medical exams
and court appearances.
(g)Consider whether a crime should be reported and submitted for prosecution, even
when a homeless victim indicates that he/she does not desire prosecution.
442.4 PERSONAL PROPERTY
The personal property of homeless persons must not be treated differently than the property
of other members of the public. Officers should use reasonable care when handling, collecting
and retaining the personal property of homeless persons and should not destroy or discard the
personal property of a homeless person.
When a homeless person is arrested or otherwise removed from a public place, officers should
make reasonable accommodations to permit the person to lawfully secure his/her personal
property. Otherwise, the personal property should be collected for safekeeping. If the arrestee
has more personal property than can reasonably be collected and transported by the officer, a
supervisor should be consulted. The property should be photographed and measures should be
taken to remove or secure the property. It will be the supervisor’s responsibility to coordinate the
removal and safekeeping of the property.
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Officers should not conduct or assist in clean-up operations of belongings that reasonably appear
to be the property of homeless persons without the prior authorization of a supervisor or the
department Homeless Liaison Officer. When practicable, requests by the public for clean-up of a
homeless encampment should be referred to the Homeless Liaison Officer.
Officers who encounter unattended encampments, bedding or other personal property in public
areas that reasonably appears to belong to a homeless person should not remove or destroy such
property and should inform the department Homeless Liaison Officer if such property appears
to involve a trespass, blight to the community or is the subject of a complaint