Briefing Room

Homeless Gateway

Community Support Division

1. PURPOSE

   The purpose of this policy is 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.

2. POLICY

   It is the policy of the Fort Lauderdale 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.

3. 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:
      1. A supervised publicly or privately operated shelter designed to provide temporary living accommodations;
      2. An institution that provides a temporary residence for individuals intended to be institutionalized;
      3. A private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings.
      4. 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)
         (An officer may make reasonable inquiry to make this determination)
   2. Homeless Incident (HI) Card (Green) (Form Z-618) - this card 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.

4. 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 officer may also call for the assistance of an outreach worker from the Homeless Assistance Center. The homeless person may or may not accept the advice or referral, or may even walk away from the area before the arrival of the outreach worker. The rationale is to proactively provide referrals to the homeless.
      1. Police officers may transport homeless persons to the Homeless Assistance Center when the person accepts such referral. The homeless individual will be searched for weapons and/or contraband before being transported.
      2. The officer shall complete a Homeless Incident Card (Form Z-618) with the facts of the incident, the referral and disposition.
   2. Arrest Situations - Arrests of all persons including those defined as homeless shall comply with Florida law, Municipal Ordinances, and Department policies and procedures.
      1. 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. Policy 501.2 - Alternatives to Arrest, lists the various alternatives available.
      2. 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.
      3. 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 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.
      4. 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.
      5. Officers using one of the alternative facilities listed in Policy 501.2 shall comply with the intake procedures of the chosen organization.
   3. The Records Division Homeless Database - this database may be checked in order to assist in the decision to make a physical arrest or use a social service alternative.

5. REPORTING

   1. The Records Division Homeless Database tracks encounters between officers and homeless individuals that have been documented though a Homeless Incident Card (Form Z-618) or by an offense report.
   2. 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 Homeless Incident Card (Form Z-618) or an offense report that includes the disposition of the contact.
   3. 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 the Records Division enters the information into the Homeless Database.
   4. The Homeless Incident Card (Form Z-618) will denote a homeless contact and no special notation is necessary.

6. 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 person unless it is contaminated or otherwise poses a health hazard to an officer or to members of the public. Officers are not responsible for taking custody of mattresses.
   2. All property of the arrested person shall be turned over to the Property Inventory Officer at the jail.
   3. Detention personnel will take custody of the prisoner's property and will handle it in compliance with Chapter 2 of the Fort Lauderdale City Jail SOP.

Attention Law Enforcement: Does your agency have a homeless policy? Please send us a copy. You may e-mail us a copy, send it via fax to Major Bob Pusins at 954-828-6001 or mail it to Major Bob Pusins, Fort Lauderdale Police Department, 1300 W. Broward Blvd., Fort Lauderdale, FL 33312.

Briefing Room