HCSD — Standard Operating Procedures

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 deputies during all contacts with the homeless, whether consensual or for enforcement purposes. The Hartwell County Sheriff’s Department recognizes that members of the homeless community are often in need of special protection and services. The Hartwell County Sheriff’s Department will address these needs in balance with the overall mission of this office. Therefore, deputies will consider the following when serving the homeless community.

429.1.1 POLICY

It is the policy of the Hartwell County Sheriff’s 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 office will not use homelessness solely as a basis for detention or law enforcement action.

429.2 HOMELESS COMMUNITY LIAISON

The Sheriff may designate a member of this office to act as the Homeless Liaison Deputy. The responsibilities of the Homeless Liaison Deputy include the following:

• Maintain and make available to all office employees a list of assistance programs and other resources that are available to the homeless.
• Correspond regularly with social services and representatives of other organizations that render assistance to the homeless. This should include local shelters.
• Maintain a list of the areas within and near this jurisdiction that are used as frequent homeless encampments.
• 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.

• Be present during any clean-up operation conducted by this office involving the removal of personal property of the homeless to ensure that the rights of the homeless are not violated.
• Develop training to assist deputies in understanding current legal and social issues relating to the homeless.

429.4 FIELD CONTACTS

Deputies are encouraged to contact the homeless to render/offer aid/support and for community-oriented policing purposes. Nothing in this policy is meant to dissuade a deputy 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, deputies 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.

Deputies should provide homeless persons with resource and assistance information whenever it is reasonably apparent that such services may be appropriate.

429.4.1 SPECIAL 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. Deputies should consider the following when handling investigations involving homeless victims, witnesses or suspects:

• Document alternate contact information. This may include obtaining addresses and phone numbers of relatives and friends.
• Document places the homeless person may frequent.
• Provide homeless victims with victim/witness resources when appropriate.
• Obtain statements from all available witnesses in the event that a homeless victim is unavailable for a court appearance.
• Consider whether the person may be a dependent adult or elder, and if so, proceed in accordance with the Senior and Disability Victimization Policy.
• Arrange for transportation for investigation-related matters, such as medical exams and court appearances.
• Consider whether a crime should be reported and submitted for prosecution, even when a homeless victim indicates that he/she does not desire prosecution.

429.4.2 CLEARING ENCAMPMENTS

There may be instances, where clearing a homeless encampment is appropriate. Guidelines for these instances are summarized below:

Private Property Trespass Encampments Most of the time, unless there are extenuating circumstances that call in to question the need for eviction procedures, Deputies have the authority to take enforcement action for active trespass encampments on private property when the owner is requesting such action and has taken any necessary steps to initiate the enforcement (warnings, signs, etc.) pursuant to the penal code. That being said, the clearing and cleanup of those encampments is the responsibility of the property owner and should be handled by them. However, if the trespasser is being arrested and has personal property on scene that they want safeguarded, Deputies will take steps to collect and properly store those items for safekeeping pursuant to department policy. Proper notification of what property is being taken, where it is being taken, and how to retrieve it, shall be provided to the owner. Deputies should also provide resource information, including housing and shelter opportunities, to the subjects being displaced. Deputies should also photograph the property, to show its condition prior to and after removal.

Public Property Tresspass Encampments In Hartwell County, there are not many circumstances where Deputies will be enforcing any trespassing crimes on public property, Deputies should generally provide written notice at least 48 hours in advance to persons living in an encampment and to any service provider actively serving or engaging with the encampment prior to removal and displacement of occupants. When circumstances make advance notice impracticable, including but not limited to imminent threats to live, health, safety, or critical infrastructure, Deputies may shorten or waive the notice period as reasonably necessary based on the totality of the circumstances. When notice is provided, it should include the following information when feasible:

1. The anticipated date and time of the removal action.
2. Information regarding services that are immediately available to individuals residing in the encampment.
3. Information explaining how unattended personal property will be handled on the day of the removal, including the reference to HCSD policy regarding found, lost or confiscated property.

The County Department of Health and Human Services shall provide County law enforcement with daily updates regarding current shelter resources and available options for individuals seeking housing or shelter within Hartwell County. Unless exigent circumstances exist, such as life, health and safety issues, Deputies shall provide this information to persons living in an encampment and make reasonable efforts to inform them of available shelter options prior to taking action to remove an encampment. Deputies will only take action when there are locations within the county where an individual may lawfully sleep before an encampment is removed.

Encampments shall be assessed and prioritized based on objective health and safety considerations, recognizing that not all encampments can be addressed at the same time. Deputies should evaluate each encampment for conditions presenting immediate or elevated risks to life, public health, safety or critical infrastructure, and should prioritize response accordingly. Removal operations should be guided by the level of risk posed, with higher priority given to encampments presenting imminent or significant safety concerns.

429.4 PERSONAL PROPERTY

The personal property of homeless persons must not be treated differently than the property of other members of the public. Deputies 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, deputies 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 deputy, 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.

Deputies 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 office Homeless Liaison Deputy. When practicable, requests by the public for clean-up of a homeless encampment should be referred to the Homeless Liaison Deputy.

Deputies 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 office Homeless Liaison Deputy 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 Deputy to address the matter in a timely fashion.

429.5 MENTAL ILLNESS AND MENTAL IMPAIRMENT

Some homeless persons may suffer from a mental illness or a mental impairment. Deputies 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 deputy should provide the homeless person with contact information for mental health assistance as appropriate. In these circumstances, deputies may provide transportation to a mental health specialist if requested by the person and approved by a supervisor.

429.6 ECOLOGICAL ISSUES

Sometimes homeless encampments can impact the ecology and natural resources of the community and may involve criminal offenses beyond mere littering. Deputies are encouraged to notify other appropriate agencies or departments when a significant impact to the environment has or is likely to occur. Significant impacts to the environment may warrant a crime report, investigation, supporting photographs and supervisor notification. Crisis Intervention Incidents