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San Jose Council Approves Arrests for Repeat Shelter Refusal

Officers will have discretion to detain unsheltered individuals after three shelter refusals to address persistent encampments

Image
Ingrid Lopez, left, and boyfriend Marvin Velasquez, right, pose for a portrait with their dog Olaf outside their RV in the Bayview neighborhood in San Francisco.
Claudia Avila and Marvin Velasquez, right, outside their RV’s in the Bayview neighborhood in San Francisco.
Marvin Velasquez and Ingrid Lopez’s bedroom in their RV in the Bayview neighborhood in San Francisco.

Overview

  • City council passed the ordinance by a 9-2 vote, embedding an expectation of shelter acceptance into the encampment code of conduct.
  • The policy allows officers to issue citations for initial refusals and empowers them to detain unsheltered individuals after three shelter declines within an 18-month period.
  • San Jose currently offers nearly 1,400 shelter beds and plans to add 800 more by the end of 2025 under Measure E funding.
  • A new six-officer quality-of-life unit will lead outreach and enforcement efforts under the plan.
  • Homeless advocates and county officials including Santa Clara supervisors warn that the approach risks criminalizing vulnerable people without ensuring sufficient or appropriate housing.