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    • Kansas lawmakers and law enforcement are at odds over homeless crime
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    Kansas lawmakers and law enforcement are at odds over homeless crime

    Online Niel Posted on

    Dylan Lysen
    | Kansas News Service

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    LAWRENCE — In any given community in Kansas, a homeless person sitting or sleeping in public could be charged with violating city ordinances regarding trespassing or trespassing.

    Police officers in some communities struggling with homelessness are unlikely to issue tickets or make arrests for low-level crimes. That has led some Kansas lawmakers to question whether communities struggling with homelessness are too lax on law enforcement and not doing enough to try to address homelessness.

    But arresting people for minor crimes stemming from homelessness puts law enforcement in a difficult position. While they want to serve the public and hold people accountable for their actions, continued arrests cost tax dollars without addressing the underlying problem.

    The number of homeless people in Kansas has increased by 50% in three years

    The number of homeless people in Kansas has increased to a total of approx 2,800 people this yearwhich represents an increase of over 50% from counts in 2021 which found 1,803 homeless people.

    In Lawrence, a community with a relatively large homeless population, homeless people are not hard to find. They are often seen in public places such as in busy downtown Lawrence.

    Douglas County Sheriff Jay Armbrister has seen many of these individuals end up in his county jail, only to be released back into the public within a few short hours — still with very few options for where they can go.

    Armbrister said it costs an average of $1,000 to arrest a person and hold them in the Douglas County Jail. A homeless person could be processed and released quickly. With nowhere to go, the person could soon face another arrest.

    The costs to Douglas County taxpayers can then add up quickly. Armbrister said this represents a difficult scenario where conventional law and order is ineffective for minor crimes.

    “You just can’t talk your way out of that kind of problem,” Armbrister said.

    Still, some rural lawmakers in the Kansas Legislature question whether the state should help communities address increase in homelessness in Kansas unless there is a crackdown on crime. They also shared frustration with business owners who feel that unchecked homeless crime is hurting their communities and their business interests.

    Experts who serve homeless populations argue that cracking down on petty crime is counterproductive and may actually make homelessness worse.

    Christina Ashie Guidry, director of policy and planning for United Community Services of Johnson County, said that would only temporarily sweep the issue under the rug and is also a misuse of law enforcement.

    “We’re asking them to punish people,” Ashie Guidry said, “because we’re not providing the services these people need to thrive in our community.”

    Some communities are now trying to be proactive, which may be more cost-effective in the long run.

    Lawrence business owners frustrated by rising homelessness

    The increase in homelessness is frustrating Lawrence business owners. The city of Lawrence reported that the number of homeless people in Douglas County will increase by 18% in 2024.

    Brady Flannery, who operates Weaver’s in downtown Lawrence, told state lawmakers during a special hearing on homelessness in 2023 that businesses feel the downtown area is unsafe. He said people are doing drugs and law enforcement isn’t dealing with it.

    Flannery said his business has also dealt with a homeless man whose only goal is to get arrested. He said the man would trespass on Weaver’s property, so law enforcement would arrest him and take him to jail, where he would be fed and housed.

    “We certainly believe that our police department is not capable of enforcing true criminal behavior,” Flannery said.

    Rep. state Rep. Francis Awerkamp, ​​R-St. Marys, said that if such crimes were committed in his city, there would be criminal consequences. He said his takeaway from the hearing was that local communities must have equal law enforcement and protect property rights.

    The special commission also released him a report to the Legislature which says effective law enforcement is “essential” to tackling homelessness. He also echoed Awerkamp’s comments on property rights and equal enforcement of the law.

    At another hearing on the issue earlier this year, Rep. Duane Droge, R-Eureka, also suggested that law enforcement needs to focus on homeless populations.

    While considering a bill that would have provided $40 million in funding for the development of homeless shelters in the state, he questioned why the state should use tax dollars paid in part by residents of the rural.

    He said rural taxpayers don’t think cities like Lawrence are tough enough on crime.

    “Do they follow and enforce their rules and regulations and their laws? Everything from vandalism to jaywalking? asked Droge during the meeting. “Why do (rural residents) have to step in and help, if the urban area is basically not doing the things that most Kansas people think they should be doing?”

    That bill eventually died in commission.

    Meanwhile, some cities across the country are making camping in public a crime, arresting or ticketing people for sleeping on public land after a US Supreme Court ruling that those types of ordinances were legal.

    Awerkamp also held a hearing in 2023 an invoice which would have created a misdemeanor for unauthorized camping, sleeping or long-term sheltering on land controlled by state or local governments. It also would have allowed the Kansas attorney general to fine cities that do not enforce the no-camping rule.

    That invoice received significant opposition and also died in committee.

    Most crimes committed by the homeless are misdemeanors

    As Douglas County Sheriff, one of Armbrister’s primary duties is overseeing the county jail. That’s where people will end up if they’re arrested for violating city ordinances or state statutes.

    While members of Lawrence’s homeless population have committed serious and violent crimes, Armbrister said the vast majority of illegal activity is low-level offenses such as trespassing and loitering.

    The Douglas County Jail is already near capacity with people charged with more serious crimes. Armbrister said that means low-level offenders will be processed and released back into the public quickly.

    But people who are homeless would still have nowhere to go and could commit a similar low-level crime and be arrested again.

    Armbrister said it’s a cycle that could continue to repeat itself without ever addressing the underlying issues, making it a largely futile effort. He said lawmakers who want police to strengthen their response to minor crimes by homeless people are looking for easy solutions to a complex problem.

    “I look at it as a housing issue,” Armbrister said of the growing homeless population in his community. “It’s a systemic problem that some people see as a crime problem.”

    Advocates also argue that cracking down on minor crimes by homeless people will actually make homelessness worse.

    Ashie Guidry said arresting and ticketing homeless people for crimes like trespassing on public land can put them further in debt, making it even less likely they can afford a place to live. She said spending law enforcement tax dollars to focus on homelessness is a sunk cost that will never be recouped. Instead, she said communities should proactively fund services to provide assistance to homeless people that will help them find permanent shelter and support services.

    Lawrence has an emergency housing shelter and a small hometown village

    Especially since homeless people who are visible in public and who can end up in jail are only a fraction of 2,800 people experiencing homelessness in Kansas. Many of them they have jobs but can’t afford a place to live.

    Studies show that providing housing and health services – which is known as the Housing First model – can help reduce homelessness. Ashie Guidry said this could also lead to a reduction in crime stemming from homelessness, saving communities money in the long run.

    “Do we want to be proactive and productive and solve homelessness and support our neighbors at a fraction of the cost,” Ashie Guidry said, “or do we want to have a knee-jerk reaction, get them out of sight?”

    The city of Lawrence has taken several steps to help the homeless population. Along with the homeless shelter that provides emergency housing, the city also operates a small home village to help people transition out of homelessness.

    Douglas City and County as well established a long-term plan to end chronic homelessness by 2028. The plan includes investment in a variety of different housing approaches, from emergency shelters to new permanent affordable housing.

    Topeka law enforcement is trying to build trust with those who are homeless

    In Topeka, another Kansas community struggling with homelessness, law enforcement is also taking a different approach, with an outreach team serving its homeless population.

    Sergeant Matthew Rose, who leads the squad, said his officers wear casual clothes and drive unmarked cars because many homeless people have had negative experiences with police officers.

    Rose told lawmakers that his officers will only pursue high-level crimes against homeless people. Instead, he said his team is focusing on building trust.

    “So when they’re ready to take that next step, whether it’s rehabilitation services or mental health services,” Rose said, “we help connect them with other people they can trust and we help open those doors.”

    Ashie Guidry said this kind of proactive approach can help address homelessness if paired with other measures, such as increasing affordable housing.

    Parliamentarians on a special committee will look for affordable housing in the state later this month.

    Dylan Lysen reports on social services and criminal justice for the Kansas News Service.

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