San Jose mayor proposes criminalizing homeless refusal of shelter, aims to order treatment

San Jose Mayor Matt Mahan proposed making it a crime to refuse shelter three times within 18 months, with the goal of using the court system to push service-resistant homeless individuals into care.

“Homelessness can’t be a choice, especially when over 200 people die on the streets each year,” said Mahan in a recent video statement. “Especially when we’re offering a safe, private, dignified alternative.”

“I am proposing that after three offers of shelter, we hold people accountable for turning their lives around,” continued Mahan. “Because we all have a responsibility to end this crisis – government has a responsibility to build shelter, and our homeless neighbors have a responsibility to use it.”

Mahan told NBC the average homeless individual costs the city $65,000 per year in just hospital visits and other public service impacts — not including homelessness spending. That’s more than the city’s average GDP per capita.

Leaders of nonprofits that receive growing homelessness funding criticized Mahan’s efforts, saying San Jose does not have enough housing for every single one of the city’s 6,340 homeless individuals.

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“When is not now,” remarked Kyra Kazantzis, CEO of the Silicon Valley Council of Nonprofits, whose members receive substantial public funding, regarding Mahan’s comment that it’s unfair for all when homeless stay on the streets “when we have safe, dignified, private taxpayer-funded alternatives.”

“Kyra, I’m hoping you missed the fact that one-third of people refused to come indoors when offered a brand new apartment with en-suite bathroom, kitchenettes, three meals per day and other services,” rebutted Mahan. “Otherwise, it sounds like you are proposing that we let hundreds if not thousands more die on our streets and do nothing until we have a home for everyone.”

Individuals who refuse shelter three times could face charges for trespassing, be charged for other crimes they have committed and be ordered into inpatient care.

Mahan said one-third of homeless individuals refuse shelter, a figure that is lower than San Francisco’s 60% and Los Angeles’s 45%.

Speaking at the press conference announcing the proposal, firefighter Greg Tuyor shared the impact even one disruptive homeless individual can have on city services.

“We responded to service to one individual nearly 400 times in a year,” said Tuyor. “That’s more than days in a year.”

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