Homeless persons.pdf

BOCA RATON POLICE SERVICES DEPARTMENT Departmental Standards Directive 41.940 HOMELESS PERSONS Revised: April 22, 2015 I. PURPOSE: The purpose of this departmental standards directive is to provide law enforcement officers with specific directions and protocol regarding dealing with the homeless...

BOCA RATON POLICE SERVICES DEPARTMENT Departmental Standards Directive 41.940 HOMELESS PERSONS Revised: April 22, 2015 I. PURPOSE: The purpose of this departmental standards directive is to provide law enforcement officers with specific directions and protocol regarding dealing with the homeless population. II. POLICY: The Department shall be sensitive to the needs and rights of the homeless population while taking the necessary enforcement actions to protect our community. III. DEFINITIONS: Homeless Person: An individual who lacks a fixed, regular, and adequate night-time residence or has a primary night-time residence that is (a) a supervised, publicly or privately operated shelter designed to provide temporary living accommodations; (b) an institution that provides a temporary residence for individuals intended to be institutionalized; or (c) a public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings. Probable Cause: Probable cause exists where the facts and circumstances within the officer's knowledge and of which he had reasonably trustworthy information are sufficient in themselves to warrant a man of reasonable caution in the belief that an offense has been or is being committed. IV. PROCEDURE: A. GENERAL: 1. A law enforcement officer (LEO) always has the right to approach and speak with any individual, including a homeless person, consistent with applicable case law and Florida State Statutes. 2. LEOs are allowed to make reasonable inquiries to determine if a person is homeless. 3. When an LEO encounters a homeless person who he/she reasonably believes meets the criteria for “involuntary examination” (e.g., Baker Act), the officer shall follow the Department’s standards procedures for dealing with Baker Acts. See Departmental Standards Directive 74.200 Civil Process. Effective: April 10, 2000 Revised: April 22, 2015 Homeless Persons Directive No. 41.940 Page 1 of 2 4. When an LEO encounters a homeless person in a non-custodial situation, the LEO shall advise the homeless person that services are available through 211. 5. Should a homeless person request transportation to a shelter or medical facility, law enforcement officers shall make a reasonable effort to accommodate the request. B. PROPERTY: 1. LEOs shall respect the personal property of all homeless persons. 2. LEOs shall follow existing policies for taking custody of personal property. 3. LEOs shall not destroy any personal property known to belong to a homeless person or readily identifiable as property of a homeless person unless it is contaminated or otherwise poses a health hazard to an officer or to members of the public. 4. LEOs are not responsible for taking custody of mattresses. 5. The disposition of personal property shall never prevent an LEO from affecting an arrest. 6. LEOs should undertake the following safeguards to preserve the personal property of the homeless person to the extent feasible: a. Always attempt to secure personal items, such as identification, medicines, eyeglasses and other small items of importance identified by the homeless person, in accordance with the Department’s existing procedures. b. Ensure that large or bulky items are not abandoned at the point of arrest if they are not contaminated or otherwise pose a health hazard to the LEO or the public. c. Bulky items, such as numerous articles of clothing, may be listed on the property receipt as miscellaneous clothes. 7. The homeless person must sign the property receipt, documenting the miscellaneous clothes, to eliminate the possibility of a discrepancy when the property is retrieved. Approved: Daniel C. Alexander Chief of Police Effective: April 10, 2000 Revised: April 22, 2015 Date: Homeless Persons Directive No. 41.940 Page 2 of 2