A homeless person, Kay, gathers belongings from the encampment behind Wheeler Mission on Thursday, Jan. 25, 2024.
San Jose, California – San Jose Mayor Matt Mahan is pushing a controversial new policy that would create a specialized police unit to enforce a city ordinance requiring unhoused residents to accept available shelter — or face possible arrest.
Unveiled ahead of the City Council’s upcoming budget hearings on Monday, the “Responsibility to Shelter” initiative is aimed at reducing the city’s growing homeless population, which currently includes an estimated 5,500 unsheltered residents. The proposal comes as California faces record-high homelessness in 2024, according to the Public Policy Institute of California.
“We’re making a historic investment trying to get people indoors and connected to services,” Mahan said Thursday. “The goal has always been to get people the help they need.”
Under the plan, a new police unit — consisting of one sergeant and six officers — would focus on enforcing the policy in large encampments and so-called “no return zones.” Individuals who refuse shelter offers three times within an 18-month window could be cited for trespassing and arrested for nonviolent misdemeanors. However, Mahan emphasized that he hopes to bypass jail time by sending people directly to treatment or shelter programs in coordination with Santa Clara County.
The city also plans to increase its shelter capacity by 1,500 beds over the next year, including new “tiny home” communities and safe sleeping sites.
Supporters say the policy is a necessary response to public frustration and chronic encampments. Steve Slack, president of the San Jose Police Officers Association, said residents and businesses are “fed up” with the lack of progress. “If that requires arresting [homeless individuals] so that a court can order treatment and shelter, then so be it,” he said.
But critics argue the policy criminalizes poverty and unfairly targets those without stable housing. Poncho Guevara, executive director of Sacred Heart Community Service, warned the city is “blaming individuals that are unhoused for their situation” rather than investing in permanent affordable housing. “That’s where you’re going to see real progress,” he said.
Sacred Heart plans to protest the policy at Monday’s council meeting, where more details about the initiative and its funding will be revealed.
