Tuesday, July 24, 2012

Homeless Court Program

New Information on Homeless Courts
I know Volusia County  has been reviewing this issue to help with their Compliance/ Collections.
Is there anyone else currently using a homeless court or thinking about this?
Russ

Salt Lake City homeless court serves up pragmatic justice
http://www.sltrib.com/sltrib/home3/54506880-200/homeless-baxter-court-stills.html.csp

Homeless Court Program
In 1989, San Diego started the first Homeless Court Program in the nation, a special Superior Court session held at local shelters for homeless defendants to resolve outstanding misdemeanor criminal cases. The Homeless Court was created in response to a survey where one in five homeless veterans requested help with the criminal justice system. To counteract the effect of criminal cases pushing homeless defendants further outside society, this Court combines a progressive plea bargain system, alternative sentencing structure, assurance of “no custody” and proof of program activities, to address a full range of misdemeanor offenses and bring them back into society. Alternative sentencing substitutes participation in agency programs for fines and custody. These activities include: life-skills, chemical dependency or AA/NA meetings, computer or English literacy classes, training or search for employment, counseling or volunteer work. The court agreement of “no custody” acknowledges the participant’s efforts in their program activities to satisfy Court requirements. Local homeless shelters and agencies are the gateway for participants to enter this Court. Homeless persons who want to appear before this Court must sign up through one of a number of local shelters. Prospective participants work with a shelter caseworker to design a plan to move towards self-sufficiency. The shelter representatives write advocacy letters for each client. The advocacy letter is symbolic of the relationship between the client and the agency while including a description of the program, the client’s start date, and accomplishments, programs completed and insight into the client’s efforts.
People experiencing homelessness often receive citations for public nuisance offenses and then fail to appear in court. Homeless defendants fail to appear in traditional courts, not because of a disregard for the court system, but due to their status and condition. For many homeless people, their day is consumed with a search for food, clothing and shelter. Most homeless persons are not in a position to fight the procedural or substantive issues a case presents. People experiencing homelessness are aware that the court also requires a decent appearance. Not wanting to make a bad first impression, a homeless person with poor hygiene or without a place to store belongings may choose not to appear in court at all. Many homeless people are reluctant to attend court given the uncertainty of court proceedings and the threat of custody. Unresolved legal issues can ultimately preclude homeless people from accessing desperately needed services such as employment, housing, public assistance and treatment programs.
· FREE TECHNICAL ASSISTANCE
The ABA Commission on Homelessness and Poverty and Homeless Courts:
The ABA Commission on Homelessness & Poverty has been instrumental in establishing homeless courts across the country. The Commission has developed a number of educational resources and routinely provides technical assistance. The has also approved policies related to homeless courts, including basic principles for homeless court programs.
Homeless Courts are presently operating in the following jurisdictions:
Homeless Courts are presently operating in the following jurisdictions:
Alameda County, CA
Phoenix, AZ
Ann Arbor, MI
Pima County/Tucson, AZ
Bakersfield, CA
Sacramento, CA
Bernalillo County, Albuquerque, NM
Salt Lake City, UT
Contra Costa, CA
San Bernardino, CA
Denver, CO
San Diego, CA
Fresno County, CA
San Joaquin, CA
Houston, TX
Santa Clara, CA
Humboldt, CA
Santa Maria, CA
Kern County, CA
Sonoma County, CA
Los Angeles, CA
Vancouver, WA
Maricopa County, AZ
Ventura County, CA
Orange County, CA
Many other jurisdictions are examining the possibility of creating similar programs, and the is pleased to offer technical support. For more information, please contact Amy Horton-Newell at the ABA Washington Office at 202/662-1693 or via e-mail at homeless@americanbar