Homelessness charges spiked in Modesto before court ruling. What’s behind the increase?
Charges related to homelessness have dramatically increased in Modesto during the past two years.
There were over 600 charges for camping or remaining in a park after hours in the fiscal year of 2024 which ended in June — an increase of 57% from the prior fiscal year.
Charges for remaining in a park after hours were four and a half times greater than in the 2020-21 fiscal year. The same went for obstructing a sidewalk or business, which went from zero charges to 122 this past fiscal year.
As to why there was such a spike in charges, the explanations varied.
In a statement to The Modesto Bee, Police Chief Brandon Gillespie said, “The rise in citations is not a shift in philosophy but rather an outcome of increased engagement, outreach, and enforcement where necessary.”
What caused the uptick?
Gillespie explained the hike by saying that over the years, the Police Department added staffing for “alternative response models,” which includes its Community Health and Assistance Team (CHAT).
He said that because MPD now has more interactions with unhoused people, the number of citations also has grown. CHAT was designed to avoid criminalization by offering services and resources. But when CHAT teams are sent out, there are some who “repeatedly refuse available services,” said Gillespie.
But the numbers don’t show that refusal of services is a widespread issue. In July 2023 through December 2023, the CHAT program had 1,402 instances where people approached by the team accepted services — with only 48 refusals, according to a county report.
Expansion of enforcement in Modesto parks is due to its Park Ranger Program, according to city officials.
The program, which started in 2022, has a mission to keep Modesto parks “safe, welcoming, and enjoyable spaces for all residents and visitors,” Police Department spokesperson Sharon Bear said.
Rangers are tasked with enforcing park codes and addressing illegal camping, public consumption of alcohol, and vandalism.
The Police Department issues citations, which act as notices or tickets, but only some become charges, which are criminal accusations. The City Attorney’s Office reviews whether there is enough evidence to file a criminal complaint.
MPD’s June 2024 report cites CHAT and greater park ranger staffing as contributing to its response to “quality of life issues.” That same year, MPD cited over 5,800 homelessness-related crimes. Out of all these citations, 887 municipal code violations were charged.
Is more enforcement the solution?
Unhoused people and their advocates say citations and charges do not solve homelessness in Modesto.
“Until we have another option ... it’s not right to be citing people for sleeping on the streets. It’s pretty pointless,” said Derek Castle, a local homeless and housing advocate. “I don’t think it’s doing anything that’s helpful for anyone.”
Castle believes the marked increase of citing people who are unsheltered is worrisome. While the MPD is doing a good job keeping the city safe, he said, the most effective approach to the issue is expanding housing availability, shelter access and other resources.
“Folks who are experiencing homelessness are our fellow citizens, they’re in a difficult situation,” Castle said.
His sentiments are shared by many of those for whom he advocates. Derek Smith and his mother, Janet Smith, said they’ve been repeatedly cited and jailed for charges related to homelessness.
They both explained their perpetual cycle by saying that citations lead to endless court appearances, which lead to being jailed, then released, then being indebted and then being cited or jailed again.
“They come and get you and cite you for even having a shopping cart or anything like that,” Derek Smith said. “They’ll cite you for any little reason.”
Enforcement for possession of a shopping cart skyrocketed in the 2023-24 fiscal year, more than doubling any previous year since July 2020. Obstructing a sidewalk went from barely enforced to heavily enforced in 2023-24.
Tiffany Qualls, who lives outside, said she’s received several citations for camping over the years. Her latest example was a year ago.
“I wasn’t even camping,” she said. “It was the middle of the day, I was in the park, and because I had a camping chair with me, they signed me up for camping.”
Where the law lands on sleeping in public
In late June, the U.S. Supreme Court ruled that local police could enforce anti-camping statutes even if the local government did not have enough beds available to provide an alternative to sleeping outside.
Prior to June 28, the U.S. Court of Appeals for the Ninth Circuit ruled that arresting people for sleeping outdoors when there is nowhere for them to go, was a violation of the Eighth Amendment barring cruel and unusual punishment. This was affirmed by the Ninth Circuit in 2023 before the case was taken to the Supreme Court and overturned.
During the time of the increase in anti-camping enforcement prior to the summer ruling, there was a deficit of available emergency shelter beds in Modesto.
The Stanislaus County point-in-time homeless count for 2024 showed there were 1,622 unsheltered people living in the city of Modesto, which had just 774 emergency shelter beds available, according to the 2023-24 Modesto Action Plan.
The city’s official policy is that it believes homelessness is not a crime, according to City Manager Joe Lopez. However, Sonya Severo, spokesperson for the City of Modesto stated that the city also “believes that all residents have a responsibility to contribute to the common good of the community by following the laws.”
“The enforcement of the laws ensures a safe and thriving environment for everyone in Modesto,” Severo wrote in a statement to The Bee.
In the first 100 days of this current fiscal year, anti-camping enforcement remains high.
Qualls said she’s tried going to shelters in the past, but beyond restrictions for her dog, it’s too small a space for too many people.
“I mean, there’s nowhere for us to go,” she said. “What are we supposed to do? Where do they expect us to go?”
This story was originally published December 19, 2024 at 12:36 PM.
