San Jose city leaders to consider mayor's ‘Responsibility to Shelter' proposal

San Jose city leaders Tuesday will consider a proposal that would allow police to arrest homeless people who repeatedly refuse shelter.

The City Council is expected to take a vote on Mayor Matt Mahan’s "Responsibility to Shelter" initiative, but critics say the proposal further criminalizes homelessness.

If approved, it would allow for the arrest or hospitalization of people on the street who refuse offers of shelter three times over an 18-month period. It would also expand outreach efforts and create a new police unit to enforce the policy.

Mahan says it's a public safety issue.

"The longer they remain outdoors, the worse we see their quality of life become," Mahan said.

There is also plenty of backing for Mahan's proposal. Last week, the police and fire unions voiced their support for the bill.

"We deal with thousands of fires a year outdoors because people are not living in proper conditions," said Jerry May, president of San Jose Firefighters Local 230.

Steve Slack, president of the San Jose Police Officers' Association, said a small subset of the unhoused population "generates a lot of calls for service."

Homeless advocates have blasted the mayor's plan, saying it criminalizes the unhoused. Advocates have cited that there aren't enough shelter beds for everyone on the streets.

Tamink Rast, president of the Japantown Business Association, said something has got to give.

"Every member of my family has been assaulted, sometimes viciously, by unhoused individuals suffering from addiction or mental illness," she said.

Rast added that her father was hit for asking someone not to urinate in front of children.

"We are exhausted and we are afraid for our safety," Rast said. "As someone who is fifth generation Japantown, and whose grandparents returned to San Jose after WWII incarceration camps, I struggle with the decision to stay here."

San Jose is planning to convert hotels and motels into transitional housing for the homeless at five locations across the city.

Although the unhoused could face an arrest after refusing city services three times, Mahan said it's more nuanced.

"There’s a certain amount of discretion that’s needed," Mahan said. "We have to make sure that the individual and their case file, and their situation, that the shelter and services we’re offering are appropriate."

The City Council's public hearing on the Responsibility to Shelter issue is scheduled for 5 p.m. Tuesday.