Policy Text
POLICY
201.0HOMELESS PERSONS
REVISED: 11 /2011
REVISED: 5/ 2019RELATED POLICIES:
REVIEWED AND REVISED BY CHIEF
DAVID MAGNUSSON 5/2019
A.PURPOSE
The purpose of this policy is to ensure that personnel are sensitive to the needs and rights
of the homeless population, to establish procedures to guide police officers during casual
and arrest situation contacts with the homeless and to reaffirm that homelessness is not a
crime.
B.POLICY
It is the policy of the El Portal Police Department for all officials and personnel to
provide appropriate law enforcement services to the entire community while protecting
the rights, dignity and personal property of the homeless by policy, rules, regulations and
practices.
C.DEFINITIONS
1.Homeless Person – an individual who lacks a fixed, regular and adequate night-
time residence or has a primary night-time residency that is:
a.A supervised publicly or privately operated shelter designed to provide
temporary living accommodations;
b.An institution that provides a temporary residence for individuals intended
to be institutionalized;
c.A private place not designed for, or ordinarily used as, a regular sleeping
accommodation for human beings.
d.The term ‘homeless person’ does not include any person imprisoned or
otherwise detained following an Act of Congress or state law. 42 U.S.C.
11301, et seq. (1994)
2.An officer may make reasonable inquiry to make this determination.
3.An F.I. Card with Case Number is designed to document a police-homeless
person contact and disposition of such contact, where the report of the contact
does not require the completion of an offense report.
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D.PROCEDURE
1.Casual Contact - At any time, and for any reason, police officers may approach a
homeless person, who has not been observed engaging in any criminal conduct, to
advise him or her of shelters, services, or assistance which are currently available,
including the Homeless Assistance Center. The homeless person may or may not
accept the advice or referral, or may even walk away from the area. The rationale
is to proactively provide referrals to the homeless.
a.Police officers may transport homeless persons to the appropriate shelter
when the person accepts such referral. The homeless individual will be
searched for weapons and/or contraband before being transported.
(1).The transporting officer must conduct a criminal history check of
the individual prior to transporting to a shelter.
(2).If the warrants check reveals the person is a sexual predator, they
will not be accepted at county shelters.
(3).If a shelter is not available or the individual is not accepted at a
shelter, the officer should direct the individual to contact the
Miami Homeless Assistance.
b.The officer shall complete the F.I. Card with the Case Number, facts of the
incident, the referral and disposition. Offense Incident Report or
Miscellaneous Report to accompany the F.I. Card. Offense Incident
Report or Miscellaneous Incident Report (MIR) must indicate what
actions the officer took and the location where the victim was taken.
2.Arrest Situations – Arrests of all persons including those defined as homeless
shall comply with Florida Law, Municipal Ordinances and Department Policies
and Procedures.
a.If a police officer observes a homeless person(s) engaged in criminal
activity, when practical and prudent to do so, an alternative to a physical
arrest shall be used. Department Policy 501.2 - Alternatives to Arrest lists
the various alternatives available (to be noted on report).
b.An officer always has the right to approach any individual including a
homeless person, to allay any suspicions an officer may have about the
individual and ascertain that no criminal activity is occurring.
c.When encountering a homeless person who has committed a misdemeanor
law violation where the continued freedom of the individual would not
result in a breach of the peace or a more serious crime, police officers are
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encouraged to utilize referral to the Homeless Assistance Center or other
appropriate social service provider, in lieu of physical arrest. It must be
recognized that such referral is contingent on the voluntary agreement of
the homeless person to accept such referral.
d.The discretion to make a physical arrest of a person determined to be
homeless for misdemeanor violations shall be the responsibility of the
individual officer.
e.Officers using one of the alternative facilities listed in Department Policy
501.2 shall comply with the intake procedures of the chosen organization.
E.REPORTING
1.Officers having interactions and or contacts with persons determined to be
homeless as a result of self initiated contact or as a result of a citizen complaint
shall document that contact with a F.I. Card or an offense report that includes the
disposition of the contact.
2.Officers shall insert the letters HL (homeless) in the Special Enforcement field of
all Offense Reports involving a homeless person, including arrest reports. The HL
code will ensure that Records enters the information into the Homeless Database.
3.The F.I. Card will denote a homeless contact and no special notation is necessary.
F.PERSONAL PROPERTY
1.The personal property of all homeless persons shall be respected. In no event
shall any officer destroy any personal property known to belong to a homeless
person or readily recognizable as property of a homeless