Homeless Voice

by National Coalition for the Homeless

According to a San Francisco Chronicle article, San Francisco police issue about 10,000 citations each year for quality-of-life crimes such as camping, blocking sidewalks, and drinking in public. Violations typically require a court appearance and failing to appear results in issuance of a misdemeanor warrant. About 90% of violators fail to appear.

However, people who do appear in court and challenge their citations often have their fines reduced, or their cases dismissed, in part because the city does not send prosecutors to the hearings. The San Francisco Chronicle reported that Paul Henderson, Assistant District Attorney, said as a result of absences, “defendants weren’t being held accountable for transgressions.” The city planned to change that, and started assigning prosecutors to cases to ensure that the accused did not get off easily.

Homeless advocates said the approach is a misuse of resources. They argued that criminalizing these activities is unfair when there is a shortage of affordable housing and 42 social services. Many people cannot afford to pay fines, and warrants prevent them from accessing government aid for which they might qualify. Responding to this criticism, prosecutors decided to dismiss fines if the defendant had proof that he or she had received 20 hours of social services per citation. However, prosecutors do not actually offer any services to defendants or help defendants enroll in any program. Moreover, defendants are still prosecuted if they do not have proof that they are currently receiving services because they are on waiting lists for services. Thus, the presence of prosecutors in court increases the city’s efforts to punish people for violations that they cannot avoid.

Advocates also argue that it is unfair for the city to spend money on public prosecutors when it does not provide defense attorneys to represent people facing these charges.

Homeless people are not entitled to a public defender when they face infraction charges.