Policy Text
Policy
429San Luis Obispo Police Department
San Luis Obispo PD CA Policy Manual
Copyright Lexipol, LLC 2025/07/01, All Rights Reserved.
Published with permission by San Luis Obispo Police
DepartmentHomeless Persons - 1Homeless Persons
429.1 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 San Luis Obispo Police Department
recognizes that members of the homeless community are often in need of special protection and
services. The San Luis Obispo 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.
429.1.1 POLICY
It is the policy of the San Luis Obispo 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.
429.2 FIELD CONTACTS
Officers are encouraged to contact the homeless for purposes of rendering aid, support and for
community-oriented policing purposes. 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, when encountering a homeless person who has committed a non-violent
misdemeanor and continued freedom is not likely to result in a continuation of the offense or a
breach of the peace, officers are encouraged to consider long-term solutions to problems that may
relate to the homeless, such as shelter referrals and counseling in lieu of physical arrest.
Officers should provide homeless persons with resource and assistance information whenever it
is reasonably apparent that such services may be appropriate.
429.2.1 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.
San Luis Obispo Police Department
San Luis Obispo PD CA Policy Manual
Homeless Persons
Copyright Lexipol, LLC 2025/07/01, All Rights Reserved.
Published with permission by San Luis Obispo Police
DepartmentHomeless Persons - 2(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.
429.3 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.
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. It will be the
responsibility of the Homeless Liaison Officer to address the matter in a timely fashion.
429.4 MENTAL ILLNESS AND MENTAL IMPAIRMENT
Some homeless persons may suffer from a mental illness or a mental impairment. Officers shall
not detain a homeless person under a mental illness commitment unless facts and circumstances
warrant such a detention (see the Crisis Intervention Incidents Policy).
When a mental illness hold is not warranted, the contacting officer should provide the
homeless person with contact information for mental health assistance as appropriate. In these
San Luis Obispo Police Department
San Luis Obispo PD CA Policy Manual
Homeless Persons
Copyright Lexipol, LLC 2025/07/01, All Rights Reserved.
Published with permission by San Luis Obispo Police
DepartmentHomeless Persons - 3circumstances, officers may provide transportation to a mental health specialist if requested