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SR-301-004-02 (2) . ...-- Jf/-C / Il-//-6/ '. I/?/' -:3tJl--oO~-oz.. ,~L/ . . . PEPC'P...... . TOT He CI TY com1c:;: L OF TEE C1 IT OF SA!-7TA ~1or;ICA QtJ T!1F H01ELI:S[.: I~ SAtJTn r'ONICA . BY ROBERT Po l'lYI:RS, CI':'Y ]I.'T'~ORlJFY DrCFrfEER 14JP:4 . . .. . . . . f'EP^r~ . TOT H~ CI TY COCTI L ("1' ':'HC CI TY OF sn..r'I'.~ ~~O~;I"CA or ':"Hr Ha~ELE 5S I K" SP::Tl< tIO~~CI\ . BY FC'Bf:!1T "'. t1)"'E!ZS, CI TY A....':'CYRl'!FY DfCpfBER IlJR4 . . . . . . . 1 II. . III . . IV . . v . VI . . . TABLE OF CONTENTS Page INTRODUCTION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 THE HOMELESS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4 A. Why and How M.any .. .............................4 B. PsychologIcal and PhYSIological Consequences of Homelessness. . . . . . . . . .8 VAGRANCY AND DISORDERLY CONDUCT.. . .15 A. HistorIcal Overview . .1~ B Vagrancy " . . . . . . . . . . . . . . . . . . . . . .. 16 C. The Demise of Vagrancy and the Rise of Disorderly Conduct 19 D Californ1a's Disorderly Conduct Statute. 22 THE PUBLIC INEBRIATE: THE IMPACT OF DECRIMINALIZATION .. . . . . . . . . . . . . . .30 A HIstorIcal Overview 30 B PubliC Inebrlatlon as Disorderly Conduct.... 31 c. Sundance and Beyond. . . . . .3S D. De Facto Decrlmlnal1zatlon and Potentlal JudlClal Decrlmlnallzatlon . 37 E. The Publ1C InebrIate Problem 1n Santa Monlca 40 PROSECUTION POLICIES.......... . . . . .43 HISTORY AND DEVELOP~ENT OF MENTAL HEALTH SERVICES IN CALIFORNIA . . .46 A. Common Law.......................... . .46 B. California . . . . . . . . .47 C. The Decllne of Custodlal HospItalizatIon for the Mentally Ill.. .................... .49 D The Advent of CommunIty Based Mental Health Delivery Systems........... .......... .52 i . E. The Lanterrnan-Petrls-Short Act................. .54 . F. LPg Act Custody and CommItment Problems...... . .57 G. The Short-Doyle Act and Commun1ty Mental Health Programs and FacilIt1es................. .61 H. D1stribut1on of Short-Doyle Community Mental Health Funds 1n Santa Mon1ca............ .64 . I. LPS Act Placement and Treatment AlternatIves . . . . . . . .68 VII. CONCLUSION AND RECOMMENDATIONS... . . . . . . .77 APPENDICES . AppendIx I : Append1x II: . AppendIx III: . Appendlx IV: AppendIx V. . AppendlX VI: Append1x VII: . Art1cle, Santa MonIca Even1ng Outlook (November 22, 1984) Bassuk, The Homelessness Problem, SClentIfIc Amerlcan, Vol. 251, No 1, p. 40 (July, 1984) Map ShOWIng LocatIon of Homeless Shelters and Domestlc V10lence Shelters 1n Los Angeles County [1983-84) Declarat10ns of Homeless Persons 1n Los Angeles County C1ty of Santa MonIca Arrests for Public Drunkeness, 1960-1983 Federal Bureau of InvestIgatlon, Uniform Crime Reports City Attorney ProsecutIon PolICies WIth Respect to AlcoholIC Public InebrIates, Homeless, and Indlgents (November 26, 1984) . AppendIX VIII: ProsecutIon Summary (January 1, 1984 - November 15, 1984) AppendlX IX: . . 1983-84 Short-Doyle Communlty Mental Health FundIng Allocat1ons for Coastal Mental Health Reglon and Santa Mon1ca West Mental Health DIstr1ct ~1 . AppendlX X: . . . . . . . . . . Summary and Recommendations of the Amerlcan Psychlatrlc ASSOclation on The Homeless Mentally III (1984) 111 . acceptance INTRODUCTION beIngs are hIghly socIal We depend, far more than to acknowledge, on the of others and on their . Human creatures. we care . perceptIons of us To a large extent, precIsely who we are IS reflected In the attItudes and reactIons other . people exhIbIt toward us. IncluSIon In the InstItutIons and the fabrIC of our SOcIety IS Integral to our sense . of substance, SIgnIfIcance, well-being, self-worth To be . Ignored, cast out, or excommunIcated 1$, In some very real waYJ to cease to be I am not acknowledged, therefore, I do not eXIst. No experIence was . more powerful or more ImmedIately destructive than the exclUSion and the . InVISIbIlIty homelessness. Homelessness that Hombs accompany & Snyder, In AmerIca: A Forced . March to Nowhere 117 (1982). It IS an uncontroverted fact that homelessness IS both a natIonal problem and a natIonal disgrace. The ranks of the homeless are prImarIly comprIsed of the old, SIck, unemployed, phYSIcally dIsabled, mentally dIsabled, displaced, and . 1 . . dIsenfranchised, However, it would be both naIve and . deceptIve to portray the entire homeless population as harmless. There IS a distInct mInority sUb-group among the "new" homeless inhabItIng the streets who are young) able-bodIed, and Jobless Observers note that these indIviduals prey on the older, defenseless homeless populatIon and frequently engage In antISOCIal and crImInal behaVIor. It IS towards thIS crImInal element among the homeless that law enforcement resources and energy should be focused. Recent arrests In PalIsades Park of IndIViduals claiming to be tranSIenLS on felony narcotIcs charges reflects a POlICY deSIgned to deter crImInal conduct rather than punish status alone (See AppendIX I,) An analYSIS of avaIlable statIstical data strongly supports the conclUSion that the problem of the homeless] publIC InebrIate] and IndIgent In Santa Monica IS not of recent orIgIn nor attrIbutable to any change In munICIpal law enforcement or prosecutorlal POlICY. Currently, Los Angeles County has the largest populatlon of homeless people 1n the UnIted States Santa Monlca due to Its locatIon, clImate, accessIblllty, beaches and numerous publiC parks] has contInually attracted a slgnlflcant number of homeless IndIVIduals The SItuatIon In Santa Monlca IS . . . . . . . exacerbated by the shelter facIlltles County's fallure and the lack of to provlde adequate communIty mental health . faCllltles responslve to the needs of the mentally dIsordered homeless. 2 . . . In additIon to public and socIal POllCY conslderatlons, the problem of homelessness In America IS Imbued WIth strong moral and ethlcal consIderatIons. WhIle great in number, the homeless are polItIcally powerless They lack both flna~clal resources and meaningful access to governmental agencIes whIch are essentlal to redress abuse and neglect. Moreover, homeless persons are denIed access to the vote In almost all areas wf the UnIted States SInce they generally lack a maIlIng address or other proof of reSIdence to qualIfy them to regIster to vote LOIterers, wanderers, the homeless, lndlgents and pUblIC InebrIates have a long and paInful hIstory of engendering hostIlIty wherever they may be. However, court deCISIons have properly set clear restralnts upon courts, law enforcement agenCIes and communltles as to how they may respond to those who are perceIved as soclal and economlc undeSIrables. The tIme IS long past when an IndiVIdual may be SUbJected to arrest and IncarceratIon for a status or condition rather than for engagIng In crImInal acts or conduct The law Will not sanctIon munICipalItIes whIch attempt to banIsh the poor from their environs. They cannot InItIate "clean up the City" campaIgns In whIch undeslrables are rounded up and herded to Jail. Only the commISSion of speCific crimInal acts WIll JustIfy arrest and Incarceration of any Citizen whether poor or rich. PublIC outrage and hysteria should never be a substitute for the rule of law . . . . . . . . 3 . . 11. ~HE HOM~LESS A Why and How Many . It IS more than dIsquIetIng to walk the streets of Santa MonIca, and other cItIes across the country, and see the large and ever-IncreasIng populatIon of homeless/destitute people. . What are the socIal forces behind the appearance of so many people op the street? How does one reconcIle thIS large and hlghly vlsIble populatIon WIth assurances from our natlonal . leaders that we have entered lnto an era of unprecedented prosperIty? [H]omelessness appears to be a . SOClo-eco~omlC condltlon whlch may be less the manIfestatIon of lndlvldual shortcomIngs of homeless lndlvlduals, . and more the result of a troubled economy WhICh IS characterIzed by structural unemployment, deIndus- . trlallzatlon, and the lack of low-lncome housing.~/ . . . l/ Ropers & RObertson, The Inner-City Homeless of 'Los Angeles. An EmpIrIcal Assessment 33 (1984). 4 . . Recent studIes on the causes of homelessness in AmerIca IndIcate there are presently more AmerIcans who are homeless . than at any time since the Great Depression.~/ The authors cIte large scale governmental reductIons in benefIt programs IncludIng the SocIal SecurIty DIsabIlIty Insurance Program] . and the change In natIonal policy for dealing wIth the mentally Ill, as prImary factors in exacerbating the problem of homelessness. . A shortage of low InCome or affordable housIng IS another sIgnIflcant cause of homelessness. The largest source of housIng for IndIvIduals on subsIstence level fIxed Incomes . IS SIngle room occupancy hotels and apartments. HOUSIng of thIS type] whIle never abundant, IS rapIdly beIng elImInated In numerous CItIes ~/ There IS a dIrect correlatIon between . the dImInIshIng avaIlabIlIty of low-cost hOUSIng far SIngle poor people and homelessness The declIne In the number of low-cost SIngle-roam-occupancy hotels and roomIng houses 1n . urban areas 1n ~he last decade IS cons1dered by experts to be a factor contrIbutIng to homelessness among SIngle . . ~/ UnIted States Department of HOUSIng and Urban Development. A Report to the Secretary on th~ Hom~less and Emergency Shelters, Washington, D.C., OffIce of POlICY Development and Research (1984); Bassuk, The Homelessne~s Problew, SCIentIfIc AmerIcan, Vol. 251, No.1, p. 40 (July 1984) contaIned In AppendIX II; Robertson, Ropers & Boyer, ~m~rgency Shelter For The Homeles~ In Los Angeles County, U C L A School of PublIC Health) BaSIC Shelter Research ProJect (1984). . ~I InstItute for SOCIal Welfare Research, PrIvate LInes/PublIC Places: Homeless Adults on the Streets of New York CIty 31-32 (1981). 5 . . indivIduals.~/ RetIrees receIvIng monthly socIal security retirement benefIts} and the phys1cally and mentally disabled, . fInd it dIffIcult to locate and remaIn in housing wIthin theIr available means. The fact that indIviduals have income does not assure them shelter There are no indicators WhiCh . demonstrate that the var10US social forces respons1ble for homelessness WIll change 1n the near future. Los Angeles County has the largest homeless populatIon . 1n the Un1ted States A Departmer.t of HousIng and Urban Development Report est1mates the number of homeless 1n Los Angeles to be between 31,300 and 33,800.~1 In add1tIon to Its . present SIze, the homeless populatIon In Los Angeles County IS lncreas1ng rap1dly ~/ In 1983, the homeless populatIon of Santa Monlca was estImated at between 750 - 1}OOO.2/ . As of November 8, 1984, the County Department of Publlc Soc1al Serv1ces had contracts wlth only three hotels or motels located on the Wests Ide to provlde emergency shelter These . hotels and motels have agreed to accept County Issued vouchers . ~/ Unlted States Department of HousIng and Urban Development. Pollcy and Research On The Homeless, Wash1ngton, DC, OfflC~ of POllCY Development and Research (1984) . 2/ Un1ted States Department of Houslng and Urban Development. A Report to the Secretary on the Homeless and Emergency Shelters, Washlngton, D C J Offlce of POlICY Development and Research (1984) ~I Robertson, Ropers & Boyer} Emergency Shelter For The Homeless 1n L~s Angeles County, U C L.A. School of Publ1C Health, BaSlC Shelter Research ProJect 6 (1984). . 2/ Westsld@ Shelter Coalitlon, Homele~s on the Westsl~e: A Posltlon Paper (1983) 6 . . as immedIate payment for provIdIng shelter to the homeless. However, there IS an average of only one or two vacanCIes . avaIlable on a dally basIs in each of these establishments. Thus, on a dally basIs, the County has a total of SIX rooms or beds located on the Wests Ide prOVIdIng emergency shelter for . the homeless. Once the avaIlable rooms on the WestsIde are fIlledJ the homeless are generally referred to contract hotels In the central CIty area of Los Angeles Many of these are . located In or around the SkId Row areas. Bus tokens are prOVIded for transportatlon.~/ As of the SprIng of 1984, there were only forty-eIght . shelters In Los Angeles County whIch prOVIded beds for overnIght accomodatIon WhIle 2J417 people can be housed In t~ese shelters1 there are only 1906 beds. (See AppendIx III . for Map shOWIng locatIons of shelters In Los Angeles County) However 1 259 of the 1906 total avaIlable beds are located In domestIc vIolence shelters.~/ There are only four shelters on . the WestSIde (InCludIng one domestIc vlolence shelter) WIth a total of 270 avaIlable beds for homeless people each night. Given the low number of available shelters and beds {33,800 . homeless persons v. only 1906 beds)1 homeless persons are forced to seek shelter in "vehlcles (abandoned or theIr own)J . ~/ Telephone conversatIon WIth Mrs. Carraway of County Department of Soclal ServlcesJ D.P.S S. OffIce, 10961 West PICO Boulevard, November 8, 1984. . ~/ Robertson, Ropers & Bayer, Emergency Shelter For The Homeless In Los Angeles Cqunty, BaS1C Shelter Research proJecL1 U C.L.~. School of PublIC Health (1984). 7 . . . brIdges and freeway overpasses, park benches, all nIght mOVle trashblnsJ and cardboard boxes....!Q/ To further exacerbate the sItuatIon, 27 shelters wIth 1337 beds refuse access to homeless IndIvIduals who are parkIng structures, alleys, theatres, dumpsters and . mentally Ill, phYSIcally handIcapped Or users of alcohol or drugs.~/ ThIS leaves only 569 beds In the entlre county for a segment of the homeless populatIon who are least able to surVIve on the streets On any gIven night, only 8.8\ of the homeless In Los Angeles County are prOVIded WIth temporary shelter 11/ . . B. and PhYSIOlogIC91 Consequences of . PsychologIcal Homelessness Who are the homeless? What effect does homelessness have on an IndIVIdual from both a psychologIcal and . phYSIologIcal standpoInt? AppendIX IV contaIns narratIves excerpted from . declaratIons of hornless men and women WhICh were exhIbIts In the cases of Ross v Board of SupervIsors of the County of Los AngelesJ No C 501603 (super.ct.Cal., flIed July 10) 1984) i EIsenheIm v Board of SupervIsors of the County of , Los Angeles, No C 479453 (Super Ct.Cal., flIed Dec. 20, 1983). . 10/ 10 at 7 . 1.1./ rd. at 39. . il/ Id at 61 8 . . Jon declared: . . . . . . . . . . KotelesJ one of these homeless indivIduals, Approximately fIve weeks ago I arrIved In Los Angeles from Reno, Nevada. I decIded to leave Reno after lookIng for work there unsuccessfully for at least a month. Employment IS seasonal there' It's near ImpOSSIble to fInd work In the winter months Once the snow comes down over Donner Pass the tourIst buses stop arrIvIng from Sacramento and the caSInos and restaurants cut back to three or four day work weeks. I am thIrty-four years old. I was an Infantryman In the VIetnam War and served In South V1etnam 1n 1968 1 volunteered for that serVIce and durIng my duty earned a VIetnam SerVIce Medal WIth two Bronze SerVIce Stars, an Armed Forces ExpedItIonary Medal, and a Sharpshooter Badge WIth AutomatIC RIfle Bar. I have papers WIth me today to prove thIS and serve as I.D I had no place to go. I walked the streets for two days and two 9 . nIghts trYIng to thInk what I should do . . On December 131 1983, I came for the fIrst tIme to the Department of SocIal ServIces. I'm trYIng to fInd a place to stay untIl I can fInd work and help . . myself. I've been workIng and paYIng taxes for eIghteen years and now I need a llttle help After wa1tlng almost three and a half hours they called my name and I . got 1n to talk to a SCreener Today . IS Tuesday and she told me It would be at least FrIday before I could get a hOUSIng voucher I don't know where I'm gOIng to stay at nIght untIl then The screener asked me where I lIve and I had nothlng to say. Chances are that I'll end up sleepIng on the beach for the next three nIghts It IS cold and wet out there. I have no blankets and nowhere else I can thInk that's any better. AppendIX IV contaIns other representatIve examples of the experIences of homeless lnd1vlduals in Los Angeles County . . . . 10 . These narratives are signifIcant because In sImple and dIrect language the homeless themselves explaIn why and how they . became homeless and the effect it has had on them. Their self-portrayals operate to shatter entrenched conventional stereotypes regardIng the background of IndIvIduals who . comprIse the homeless populatIon As two recognized experts on the homeless questIon observed: SeeIng and understanding ~whyU . people are homeless explaIns a great deal about "who" IS homeless. Personalized Into names and faces, . ravaged by tIme, anxIety, and the elements, old Images lose their credIbIlIty. We can then begIn to . glImpse IdentitIes and orIgIns We qUIckly learn that, In realIty, It IS th old, the Sick, the mentally Ill, . the unemployed, the dIsabled, the displaced, and the disenfranchIsed who populate our CitIes' streets ld/ . Homeless IndIVIduals who frequently sleep outSIde where they are exposed to the elements) suffer a high degree of phySical Illness and, In some Instances, death. HypothermIa . is the medical term fer reduced core-body temperature. More cases of hypothermia are reported at Los Angeles County-U S C. . ~/ Hombs & Snyder, tiomelessness In AmerIca: March to Nowhere 4 (1982). A Forced 11 . . MedIcal Center In Los Angeles County than at Bellevue HospItal In New York City. Both hospitals serve a sImIlar populatIon. . Of the 100-125 cases of hypothermIa seen in County-U.5 C. MedIcal Center, 80 to 90 percent are from the ranks of the homeless. Exposure to temperatures of even 50 degrees . Fareohelt, partIcularly for the elderly Or 10 combinatIon WIth exposure to dampness, can result In hypothermIa ~/ [H)omeless patIents suffer from a . varIety of medIcal condItIons and dIseases In a hIgher InCIdence than paLlents In a normal populatIon who . have shelter. In partIcular, homeless patIents suffer hypothermIa from aCCIdental exposure, have medIcal . consequences WhICh range from severe braIn damage) renal faIlure, pneumonIa, cardIac arrest and . ultImately death. The fact IS that hypothermIa severely affects all of the organ systems WhICh can lead to . condItIons caUSIng death. (DeclaratIon of Gary Rapaport, SpeCIalIst In Emergency MedICIne, . CalIfornIa HospItal, Los Angeles, . ~/ DeclaratIon of WIllIam Clem, M D., authorIty on hypothermIa 1n Los Angeles, exh1blt In tls~nheIm v. Board of SuperVIsors of the County of Los Anqele~l No. C 479453 (Sup~r.Ct.Cal., flIed December 20, 1983). 12 . ExhIbIt In ~oss V. Board of SuperVIsors of the Countv of Los . Angeles} No, C 501603 (5uper.Ct.Cal.~ flIed July 10, 1984. Other common phYSIological consequences of homelessness . are respIratory dIsorders, dependent edema, status ulcers, and trauma sustaIned from assaults and robberies. Even when homeless IndIvIduals fInd temporary shelter 111 mISSIons, . condltlons are such that many sleep uprIght on benches and chaIrs As a result) these IndIviduals become susceptible to celluiltlS and lymphangltls, two severe tissue Infections, . WhICh can eventually result 1n gangrene and pOSSible amputatIon 1~/ The psychologIcal and emotIonal reperCUSSIons of . hamelessness are as severe and debilItating as some of the phYSIologIcal consequences KeVIn Flynn, Ph D , a clInIcal psychologIst who worked 1n the Los Angeles Sk1d Row area for . several years, and former DIrector of the Los Angeles Skld Row ProJect of the Los Angeles County Department of Mental Health, observed' . [I)ndIVlduals wlthout shelter} particularly durIng the cold season, suffer from hlgh . levels of anxiety, depreSSion, . ~/ DeclaratIon of Rosemary Occhlogrosso, R N., Nurse Pract1tloner} Exhlb1t 1n Ross v. Board .of Superv1sors of the County of Los Angel~s, No C 501603 (Super.Ct Cal., flIed July 10, 1984). 13 . . wIthdrawal, tearfulness, hopelessness, dIsorIentatIon, reduced levels of . cognitIve functIonIng, hyperalertness, sleep dIsturbance, exhaustIon and psychophysIologIcal dIsorders. . In general the lack of proper, reasonably safe shelter contrIbutes to the psychologIcal deterIoratIon of . relatIvely normal IndIvlduals and exacerbates the mental dIsorders In those IndIvIduals wIth a hIstory of . psychiatrIc dIsturbance ExhIbIt 10, Ross v Board of SuperVIsors of the County of Los Angeles, No. C 501603 . (Super.Ct.Cal flIed July 10, 1984). A sIgnIfIcant percentage of homeless people have an astoundIngly hIgh "InCIdence of dIagnosable mental Illness: . psychoses, chronIC alcoholIsm and character dIsorders "1.&/ . . e li/ Bassuk, The HomelessnessProblem, SCIentIfIC AmerIcan, Vol 251, No 1, p. 40 (July 1984). 14 . . III. VAGRANCY AND DISORDERLY CONDUCT . EssentIally the notion persists that an IndIvIdual living In a land in WhICh the protection of cIvil rights . IS a primary obJective of government may still be punIshed as a criminal by vIrtue of personal condition, or of . belongIng to a partIcular class.~1 A HIstorIcal OvervIew. . A meaningful and comprehensive understandIng of the pervasive and seemIngly timeless problem of vagrancy, homelessnessJ and publIC InebrIatIon IS impossIble without an . historIcal perspectIve. There are three primary reasons for understanding the historical baSIS establIshIng and embelllshlng crImes of . status Dr personal conditIon FIrst, history helps to define the context and scope of the crlmes belng consldered Second, the courts Btend to rely on past practIce to Justify giving . unique treatment to the constitutional and procedural problems WhICh arIse out of these crimes. nil/ ThIrd, history IS crItIcal to arriVing at the underlying legislative purpose . ~/ Sherry, Vagrants, Rogues, and Vagabonds - Qld Concepts In Need of Revls10nJ 48 Cal L Rev 557~ 5S8 (1960) . ~/ Lacey, Vagrancy and Other Crlmes of Personal 9ondJtlon, 66 Harv. L. Rev 1203, 1204 (1933). 1S . related to these statutory crimes, wIthout wh1ch evaluatIon of these statutes and their uses would be diffIcult. In addItIon, hlstorlcal perspective is essential to plerce the wldespread ignorance and false assumptIons whlch members of the general publlC hold and voclferously artIculate . as to the eXlstence, purpose and enforcement of ~laws~ to control soclal and economIC undeslrables . B. Vagrancy Modern day statutes related to vagrancy and dlsorderly concuct find thelr orlglns ln England as early as the . Fourteenth Century. "DespIte the drastIC change 1n soclal and economlC condItIons that has Intervened, there 1S strIkIng SlmllarIty between the POllCY obJectIves of modern vagrancy . law admlnlstratlon and of the pre-ElIzabethan ParlIaments "19/ The Statutes of Laborers 1n 1349-51 embodied an antI-mIgratory POlICY engendered by the end of feudalIsm and . the maSSlve depopulatlon result1ng frow the Black Death,~/ It became unlawful to refuse an offer of work and to flee from one county to another to avoId work offers Persons were . prohIbIted from glvlng alms to able-bod1ed beggars who refused to work 11./ In 1414, a statute was enacted WhICh gave . ~/ Foote, Vagrancy-Type Law a~d Its AdmlnIstratIon) 1 0 4 U, PaL. Re v, 6 0 3, 6 1 5 (1 9 5 6 ) , ZQ/ 25 Edw. 3, c 7 (1350-51). For a summary of these statutes, see 3 Stephen, HIstory of the CrlmInal Law of England 203) 206 (1883) . ~1/ 23 Edw 3, C. 7 (13 49) . 16 . . .. ) u s tIC e S vagrants. of the peace the summary power to punIsh . ".i~/ . The orIgInal statutes proved unworkable SInce declinIng economIC condItIons contlnued to force sIngle men as well as famIlIes to contlnually roam the roads of England seekIng employment. In the SIxteenth Century durIng the reIgn of ElIzabeth I, the orIgInal vagrancy laws were used as a crImInal supplement to the ElIzabethan poor laws These condItIons changed the emphaSIS of the antI-mIgratory polley from requIred work at a fIxed abode to protectIon of the countrysIde agaInst the fInanclal burden, nUlsance, and potentIal crlmInalIty of the vagrant . . . . class. The ban upon mIgratIon became . a preventatIve to help a parIsh, WhICh had the responSIbIlIty of provIdIng relIef for local needy reSIdents, from beIng burdened WIth the annoyance and economIC llabIllty of fqre~gn paupers and Idlers. Foote, Vagrancy-Type Law and Its AdmInIstratIon, 104 U Pa L. Rev. 603, 615 (1956)(emphasIs added), It was the ElIzabethan vagrancy laws, both In SpIrIt and language, WhICh were brought to the UnIted States durIng e . colonIal tImes "Paupers ,. and "vagabonds" were excepted from . ~/ 2 Hen. 5, c. 4 (1414). 17 . . the prlvlleges and immunities clause of the Artlcles of Confederatlon and from Its guarantee of "free Ingress and . egress to and from any other state."~/ Elizabethan concepts of social control, manifested in Increaslngly severe vagrancy laws, served as the baSIS for almost every vagrancy statute . enacted 1n the Unlted States. The orlglnal vagrancy law enacted 1n Callfornla 1n 185~ was a dIrect descendant of the ElIzabethan models adopted 1n . the orIgInal colonlal states ~/ Callfornla's orlglnal vagrancy statute, WIth very mInor amendments, remaIned the law 1n thIS state for one hundred fIve (105) years until 1t was . repealed 1n 1960 and replaced WIth the modern Penal Code prOV1S1ons dea11ng w1th dIsorderly conduct. ~eople v. Weg~r, 251 Cal. App. 2d 584, 59 Cal Rptr. 661 (1967). . The orlg1nal vagrancy statutes operatIve 1n Callforn1a and almost every other state rested upon one rlgld fundamental concept. They were deSIgned and enforced so as to crlmlnallze . and pun1sh status alone, 1.e., klnds of persons such as the poor) homeless} unemployed, public lnebrlates} and other hlghly vlsIble elements of Soclety whose llfestyle was deemed . InapproprIate by the general publIC, pollce, and the courts. 23/ Foote, VagraQcy-Ty?e Law and Its AdmInIstrat1on, 104 U Pa. L Rev. 603, 616 (1956). . . ~/ The prototype for the 1872 verSIon rCal Stat. 1855, ch. 175, p. 217, as amended by Cal. Stat. 1863, ch. 525, P 770) contaIned an exceptIon for Indlans but limited It to "DIgger Ind1ans." It also conta1ned a provislon, Wisely dropped In 1872, that persons "commonly known as 'Greasers' or the Issue of SpanIsh and Ind1an blood who are vagrants and who go armed may be punIshed." 18 . . For over a century, the crime of vagrancy was permItted to eXIst wIthout the Indlspensable elements of a crIme. Act . plus 1ntent were not required to impose crImInal sanctIons. Ironically~ England, the "mother" of vagrancy law, amended Its Vagrancy Act In 1824 so as to place "almost exclusive emphasIs . on conduct and dId not purport to attach crmlnallty to status alone "12/ The long term VItalIty of anachronlstlc vagrancy . statutes wIth respect to theIr abIlIty to wIthstand both legal challenge and wldespread crltIclsm by respected commentators speaks loudly as to theIr effIcacy as an lnstrument of socIal . control The fact that these statutes were aberratIons w1thIn the sp~clflC framework of crImInal law and general prlncIples of constItutional law did noth1ng to deter thelr wldespread . pcpulanty WIth the general publIC and law enforcement agencIes as an effectlve deVIce to control unpopular, SUSpICIOUS, and unacceptable segments of our soc1ety. . C. The Demlse of Vagrancy and the Rlse of ,DIsorderly Conduct . DurIng the DepressIon, twenty-seven states enacted statutes deslgned to hInder or bar the entry of destItute mIgratory people Into theIr respectlve JurlsdIct10ns ~/ In . ~/ Sherry, Vagrants, Rogues, and Vagabonds - Old Concepts In Need of Revlslon, 48 Cal L. Rev. 557, 564 (1960) . 1&/ 104 U Foote, Vagrancy-Type Law and Its Adm1n1stratIon, P a. L. Re v 6 0 3, 6 1 6 (1 9 5 6 ) 19 . . . Edwards v. CalIfornIa, 314 V.S 160 (1941), these ~natlonal" vagrancy laws were declared unconstItutIonal by the Unlted States Supreme Court as an infringement on the r1ght to travel "Whatever may have been the notlon then prevaIlIng, we do not thlnk that it wIll now be serIously contended that because a person 1S wIthout employment and wIthout funds he constItutes a 'moral pest1lence' Poverty and immoralIty are not synonymous "I~ at 163, n. 5, NotWIthstandIng thIS deCIsion, another thIrty-one (31) years would pass before the Hlgh Court would ellmlnate municlpal vagrancy laws which penallzed status rather than conduct. The CIty of Jacksonv1lle FlorIda's vagrancy ordInance was cut from the same cloth as the classIc ElIzabethan vagrancy statutes. CrImInal penaltIes were Imposed upon a range of persons 1ncludlng rogues and vagabonds, dIssolute persons who go about begglng, habItual loafers, and persons able to work but habItually Ilvlng off their wives and mInor chlldren. The Un1ted States Supreme Court held the ordlnance unconstitutIonal as beIng VOld for vagueness because It "falls to glve a person of ordInary lntelligence faIr notIce that hls contemplated conduct IS forb1dden by the statute and because It encourages arbItrary and erratIC arrests and conVIctIons," Papachrlstou v C1ty of yaCkSOnvllle, 405 U S. 156, 161 (1972) In a unanlmous decIslon, the Court noted that the net of the vagrancy statutes fell upon "poor people, nonconform1sts, d1ssenters} Idlers (who) may be reqUIred to . . . . . . . . 20 . comport themselves accordIng to appropriate by the Jacksonville polIce at 170. the lIfestyle deemed and the courts." I~ In practIcal terms the Court vagrancy laws as a devlce utIlized forthrlghtly condemned almost exclusIvely for - arbItrary and dIscriminatory law enforcement. It furnlshes a convenIent tool for "harsh and dIscrlmInatory . enforcement by local prosecutlng partIcular groups merIt theIr offlClals1 deemed agaInst to . dIspleasure It results 1n a . regIme in wh1ch the poor and the unpopular are permItted to stand on a publIC SIdewalk only at the whIm of any polIce offIcer" ld at 170 The Court's oplnlon stressed that vagrancy laws were lnlmIcal to the rule of law. . Vagrancy laws of the JacksonVIlle type teach that the . scales of JustIce are so tIpped . even-handed adminIstratIon of the law lS not posslble The rule of law, evenly appl1ed to mInorItIes as well as majorItIes, to the poor as well as the rIch IS the great mucIlage that holds SOCIety together. Id. at 171 . 21 . . . For those JurlsdlctIons WhlCh had contlnued to hold fast to "status" type vagrancy statutes, the rapac~rIstou decIsIon mandated a change to statutes which defIned crImInalIty In terms of acts or conduct . D. Callfornl~'s DIsorderly Conduct Statute. Twelve years before the Un1ted States Supreme Court deCIded Papachrlstou, the CalIfornIa Supreme Court In a unanImoUS deClsIon declared unconstItutIonal a sectIon of Callfornla's vagrancy statute, which categorIzed a common drunk as a vagrant, on the grounds that It was vague, . . uncertaIn, and Incapable of unIform enforcement In re Newbern, 53 Cal. 2d 786, 350 P.2d 116, 3 Cal. Rptr 364 . (1960} The Newbern decIsIon was obvlously read In the state LegIslature WhICh repealed the 106 year old vagrancy statute and replaced It wltn a dIsorderly conduct statute 1961 Cal. Stats ch. 560. As rewritten, Penal Code SectIon 647, "whIle reta1nlng much of the substance of the old, eIther supplIes or further modlf1es the speclfIc conduct elements of the offenses, so that all lndlvIdual mIsdemeanors are now defIned . . In terms of acts Instead of status." 22 Cal Jur 2d Sectlon . 3057 (1975). Penal Code SectIon 647 now provIdes: . 22 . . . t 617. [DI8onIerIy COIMbIrt Every penon wbo commItS any << the follow1q acts II puJty ~ cbsorderly conduct, a nusdemeanor (a) 'Who IOOOtJ Ulyone to enp.ge in or wbo enpaes in lewd or dl~lute conduct m UlY pubhe pIKe or ID any pa.ce opal to the pubbc or expo&ed to pubhc VIeW (b) Who sobctts or wbo COPIes 111 aDY Kt of proabtubOa As used 111 tbu subdlvwOll, upro&btutJOn" meludes aDY lewd Kt betweea pcnoaa for m~ or atbeT' COI".~bOD (e) Who !'X~ts other penons 111 any pubbc pJ.oe or m UlY plac:e open to the pubbc fer the purpose of begging or IOOOtmg alnu. (d) Who lotters m or about any tot.Iet open to the pubbe for the purpose of engag:m.g m or sohctmg any lewd or IascIYlOUS or any unJa",fu) act (e) Who 10lten or wanden upon the streets or from place Ie plAce wuhout apparent reason or busmess and who refuses to Identify himself and to account for hIs presence wben requested by any ~..... officer so to do. If tbe surroundma CU'CUlDStances are such as to mdl~te to . reasonable person that the pubhc safety demands such ldenuJicauOD (I) \\'bo 15 found m any pubbe place under the mftuence of mtoXlc:at- IDS IJquor, any drug. toluene, any substance defined as a potSOD ID Schedule 0 of Section 4160 of the Busmess and ProfesslOfls Code, or any combmanon of any mtoXlcatmg hquor. drug. toluene, or any s\U:b poISOn, m such I condlnon that be 15 unable to exercLSe care for Ius own safety or the safety of otheR, or by reason of Ius being under the m1l.uence of mtoXlC&un. hquor. any drug. toluene. any substance defined as I polSOn m Schedule 0 of SectIon 4160 of the Bu.smess and Profe5S1ODS Code, or any combmatIon of any mtoXlcatmg hquo:. drug. toluene. or any such poISOft. mterferes With or obs~ts or preventi the rrcc use of any street, SIdewalk., or other pubhc way (11) \\'heo a prnoD h>> Y'IO!~I~ IUbcbVJaK1l1 (f) r:L l1w secDoIJ, . ~ ofticer. If he 15 reasonably .tHe to do 10. sha1.I place the penon. or c:aUK bun to be placed. to CIVIl protectI~ custody Such penon IhaJI be taken to . facilit) , dcsapated pu.mw1t to Sect10n 5170 of the Welfare and WtltU1lons Code. for the 72.bo'tJ' treatmCDt and evalua- tlon of mebnates A ~~~ ofticer may place a penon to ClW protective CU5lody WIth that bod and degree of force whlcb ",ouId be In.fuI were be drectmg an arrest for I ausdemeamor WIthout I warranl No person who has been rl~~ III aru protectIve custOd} IhalI thereafter be subject to an)' cnmma.J ii,U:io:CUtl~'Il or JUvaulc court prt:"C~mg bas.ed on the facts glY1J1g me to s:ocb placement Tlus lubdlYlSlOIl Ulall Dot apply to the foUowmg penons (1) An) penon wbo 15 under the utftuence of an)' drug, or under the combined m!uence of mtoXlcatlng hquor and any dnIg (2) An) penon who . ~,." officer has probable C&UK to bebeve has commmed U1) felon). or who has c:ommlned an)' 1D15demeanor 10 addtuon to subdlvwon (f) of t.hJ.s aectIon (3) Any penon who a peace officer m load ranb bcheves will attempt esc:ape or will be W1rCa5On&bl)' '!Idli.:;ult for med1ca1 personnel to control (&) Who loiters, prowls. or wanders upon the pnvate property of anotber, to the DlghttllDe. Without VJSIble or lawful bnc.1ftlSS With the MWner or oecupant thereof (h) Who, wluIe lottenng, prowhng. or wandermg upon the pnvate property of another, 10 the mghtume. peeks 10 the door or wmdow of an) lnilahned bUIldmg or Itructun located thereon, WIthout vwble or lawful busmess With the owner or occupant thereof (I) Who lodges 10 aD) bw)d1ne. 1b'uCture, wblc1c., or p1.~. whether pubhc or pnvate, WIthout the pa'1D1JItOII oJ the owner or penon entitled to the possesawn or to CODtroI thereof ... . . . . . . . . 23 . . Notw1thstanding from status to the LegIslature's laudable acts as the determlnatlve attempt to factor 1n move . def1n1ng cr1mlnallty, key provIsIons of the dIsorderly conduct statute have not fared well In the courts. . 1, Subdivlslon (a)) "Sollc1tlng or Engaglng In Lewd or DIssolute Conduct 1n a Publ1C Place." In 1979, the CalIfornIa Supreme Court recognlzed that Penal Code Sectlon 647(a) was a "llneal descendant of the archalc vagrancy statutes which were deSIgnedly drafted to grant polIce and pros~cutors a vague and standardless dlscretlon." Pryor v. Mun1clpal Court for Los Angeles county, 25 Cal 3d 23B, 24B, 599 P 2d 636, 158 Cal. Rptr. 330, 335 (1979). . . . Without preCIse def1nlt1on the terms "lewd" and "dlssolute" measure crlmInal1ty by communlty or even 1ndIVIdual notlons of what IS distasteful behavIor. In order . to avoId declar1ng thls subd1vls1on unconstltutlonally vague, the Callfornla Supreme Court severely llmlted the scope of prohIbited behavlor withln the purvlew of the subdivis1on. [W]e construe that sectlon to prohlb1t only the SollcItat1on or commlSSlon of conduct In a publIC place or one open to the pub11c or exposed to publlC vlew, WhICh Involves the touchlng of the gen1tals, buttocks, or female breast, for purposes of sexual . . . 24 . arousal, gratlficat1on, annoyance or offense, by a person who knows or should know of the presence of persons who may be offended by the conduct. Id. at 244, 599 P.2d at 249, 158 Cal. Rptr at 332 (emphas1s added). . 2 SubdIvIsIon lc), "BeqqIng or SollcltIng Alms." There appears to be a prevalent mIsconceptlon as to what conduct lS proh1bIted by Penal Code SectIon 647(c). ThIS SectIo~ makes It a ffi1sdemeanor for one "[w]ho accosts other persons in any publlC place or 1n any place cpen to the publIC for the purpose of begg1ng or solICItIng alms M There IS a WIde range of noncrIffi1nal conduct WhICh IS permIssible by an IndlvIdual seekIng aSSIstance. It has never been a crIminal offense 1n thIS state even under the repealed vagrancy statute to seek ass1stance when one 15 In genuine need uThe statute makes 1t an offense for . . . a healthy beggar to SOllC1t alms as a bUS1ness. For one to . ask aSSIstance on one occasion does not make him a vagrant.h p'eople v Denby, 108 Cal. 54, 40 P 1051 (1895), Penal Code SectIon 647(c) lS not v10lated by a person merely receivIng donations. One "who merely SIts or stands by the waysldeM 1S not naccostlng" WIthIn the meanlng of thiS Sec~lon Ulmer v MuniCIpal Court for the Oakland-P1edmont . . JUdlCl~l Dlstr1ct, 445,448 (1976). 55 Cal App 3d 263] 267, 127 Cal. Rptr 25 . . . It 1$ the current POl1CY of the Santa Monlca CIty Attorney's OffIce to only prosecute IndlvIduals who request ass1stance and who also use assaultIve or threatening conduct. It IS difficult to assistance by a dlstlngulsh a request homeless person which from other SItuatIons for flnancial is made In a where money is On a seasonal . nonthreatenIng manner requested by 1ndlvlduals or organlzat1ons . baSIS, representat1ves of the Salvation Army sOllClt or beg for alms Passengers at airports are frequently approached by members of sects and religious groups for finanC1al aSSIstance Pol1t1cal contr1butlons are sollclted from the publlc In a varIety of sltuatlons. . 3 SUpdlV1Slon (d} I "Lo1ter1nq About A Publ1c . TOllet." . Conduct punIshable under thiS subdIVISIon is not mere lOlterlng It must be lOitering for a lewd and laSCIVIOUS purpos~ However, In order to meet constItutIonal standards, the same standards applIed by Pryor under subd1vIslon 647(al for "lewd or dIssolute" must also be appl1ed to "lewd or . laSCIVIOLlS " People v. S.P p" 115 Cal, App. 3d Supp. 12, 170 Cal Rptr. 478 (1980) . 4. SubdIVISIon (e)) "Lolterlng and Wander1ng With Ee f iJ S a 1 to Ide n t 1 f Y On e S elf . " ay VIrtue of both state and federal court deCIsions thIS subdiVISion has essentIally been negated In lts entIrety. . 26 . . "[L]olterIng and wanderIng upon the streets or from place to place w1thout apparent reason or busIness" wlthout addltlonal . conduct has never been punishable subdivISIon People v. Weger, 251 Cal Rpt r. 661 J 667 (1967). The reqUIrement that lOlterers as a crIme under th1s App 2d 584, 59 Cal . themselves In CIrcumstances whlch and wanderers Identify would IndIcate to a . reasonable person that the publIC safety demands such IdentIfIcat10n was declared unconstItutIonal by the Unlted States Supreme Court. 911 (1983) Kolender v Lawson, 75 L, Ed. 2d 903, . 5. SubdIVISIons f f ) and ( f f ) "PublIC InebrIatIon" . These sectIons are dlscussed In Part IV infra 6. SubdlVlSIons (g) and ( h) r "N I gh t-t lIT1e . ProwllngJ PeepIng" These two subd1V1Slons punish spec1f1c nIghttIme actlvIty on prIvate property There have been no slgnlf1cant . IlffiItatIons lmposed by the courts WIth regard to the conduct proscrIbed by these subdiVISions . . 27 . 7. SubdIvIsIon (1), "Lodglnq." As well documented studIes IndIcate, there are only suffIC1ent emergency overnIght shelters in Los Angeles County to house 10\ of the est1mated 33,000 homeless lndIvIduals currently In the County.ZL/ VIewed from another perspectIve, on any gIven nIght 90% of the homeless IndIvIduals In Los Angeles County are wIthout shelter TheIr only optIon IS to choose shelter whIch will provlde a measure of safety from physIcal attack as well as protectIon from the elements. Such shelter takes the forms of vehicles, doorways, freeway overpasses, parks, public beaches, and a var1ety of other . locatIons necessary for survIval In a recent Los Angeles County MunIc1pal Court case, the court, after reVIewIng the statIstIcal data on the large . number of homeless lndivlduals In Los Angeles County and lack of emergency shelters, recognIzed "necessIty" as a defense to an alleged v1olatlon of a Los Angeles County ordInance . prohlbltlng sleeplng In vehIcles parked on publIC streets People V BenJaml~, No 276842 (Hun! Ct. Cal , deCIded June 8, 19841. . The defense of necessity eXlsts as a part of Callfornla CrImInal law. 1 WItKIn, Cal CrImes (1963) Defences, SectIon 248, People v. Lovercamp, 43 Cal. App. 3d 823, 118 Cal Rptr. . 110 (1974). A central element of the defense Involves the cholce of alternatives whereby a crimInal defendant acts to . ZZ/ Robertson, Ropers & Boyer, Emergency Spel~er For The Homeless In Los Anqeles County, BaSlC Shelter Research ProJect, U C L.A School of Public Health (1984). 28 . . . avoId a greater harm by engagIng In an act proscrIbed by law. The classIc example IS the theft of food to avo1d starvation so long as no other alternatIves were open to the defendant. GIven the statIstIcal dIsparIty between the number of homeless compared WIth avaIlable shelter faCIlItIes, It is the opInIon of the Santa Monica CIty Attorney's OffIce that necess1ty will generally be recognIzed as a defense to a sIgnIfIcant number of alleged VIolatIons of thIS subdIvls10n For the same reason, necessIty IS also a strong defense to alleged vIolat1ons of SectIon 4202a of the Santa MonIca Mun1clpal Code Wh1Ch prohIbIts sleepIng In parks. SleepIng 1n a put,llC park IS the only VIable option for shelter for a slgnlflcant number of homeless IndIVIduals. . . . . . . . . 29 . IV THE PUBLIC INEBRIATE: THE I MP,ACT OF DECRIMINALIZATION. A. Hlstorlcal Overvlew. At common law there was no recognlzed criminal offense for be1ng a common drunk or publ1C 1nebr1ate. England by statute In 1879 made belng a "habItual drunkard" a crime. (HabItual Drunkards Act of 1879, 42 & 43 Vlet., c. 19, Sectlon 3 1 In CalIfornia Slnce 1872, a common drunkard was deemed to be a vagrant and therefore a cr1mlnal.~/ Along w1th other . subdIVISions of the vagrancy statute, the common drunkard prOVISIon was repealed by the LegIslature In 1960. However, Just prIor to the LegIslature's actlon, the Cal1forn1a Supreme . Court declared the common drunkard prov1slon unconstltutlonal as beIng vOld for vagueness. In re NewberD, 53 Cal. 2d 786, 796,350 P 2d 116,123,3 Cal Rptr. 364, 371 (1960) . PrIor to the repeal of the Penal Code vagrancy statute 1n 1960, 1t 15 noteworthy that prosecutlon for "common drunyard" was under Penal Code Sectlon 647, subdlvls10n 11, . while prosecut1on for "intoxlcatlon in publlc" was under a varIety of local ordInances . . 28/ "Every common drunkard 1S a vagrant and is punIshable by a flne not exceeding f1ve hundred dollars ($500) or by ImprIsonment 1n the county )a1l not exceed1ng SIX months or both such fine and impr1sonment ~ Cal. Penal Code Sec. 647(11) {West 1872) (repealed 1960). 30 . . . B. PublIC Inebr1atlon as Disorderly Conduc~. The publIC vagrancy statute repealed by the Legislature In 1960 was replaced by current Penal Cede Section 647 By enacting Penal Code Sectlon 647(f) 1n 1960, the state manifested a clear Intent to preempt the fIeld. Thus, local munICipalItIes have been prohibIted from prosecuting publiC InebrIates under local ordinances tor beIng IntOXIcated In publiC as they had been able to do under the repealed vagrancy statute. ?-ee people v. Lopez, 59 Cal.2d 653, 381 P.2d 637, 30 Cal. Rptr. 813 (1960) ReplacIng the vague hcommon drunkard" standard were mult1ple elements under SectIon 647(fl whIch had to be . . . satIsf1ed before an IntOXIcated indIVidual could be said to have commItted the crIme of dIsorderly conduct. These . elemenLs are: (1) under the Influence; (2) In a publiC place; and (3) either in such a condltlon that he is unable to exerCIse care for h1S safety or the safety of others or by reason of hIS beIng under the Influence lnterferes wlth or obstructs or prevents the free use of a publ1C street, sldewalk or other publlc way. In 1971, the Legislature added SectIon 647(ff) gIVIng pollce offIcers the optIon of plaCIng persons who had violated SectIon 647(f) In C1VIl protectIve custody and dIverting them to lIcensed detOXification faCIlIties for treatment and evaluation for 72 hours. Before Sectlon 647(ff) was adopted by the LegIslature, It underwent two sIgolf1cant amendments. . . . . 31 . . . As first Introduced, it would have mandated removal of the public inebriate from the penal system and requlred countIes to establlsh detoxlflcatlon faCIlItIes to WhICh the Inebriates would have been dIverted. After strong OpposItIon from the Callfornla Peace Officers ASSOc1ation, as ~ell as the Dlstrlct Attorneys' and County Counsels' ASSocIatIons, the bIll was amended to leave the crImlnal . . . procedure Intact. Even 1 f the InebrIates had commIted no other crIme, nor posed any danger to the . safety of medIcal personnel, the bIll stIll would have requ1red InebrIates . to be taken detOXIflcatIon In Its fInal lmmedlately to CIV1l faCllltles. The bIll form had the strong flavor of compromIse. . slnce there was no Also, mandate nor . appropr1at1on to countles to establIsh detOXlflcatIon facllltles, the law could seemIngly be exercIsed largely at the dIscretIon of the police and count1es. Stevens, DecrImInalIzation . and Beyond, PublIC Inehrlty In Los 32 . . A~g~les County, 3 WhIttler L. Rev. 55, 69 {1981}. Thus, by 1973, law enforcement had three optIons In dealing w1th the publlc 1nebrlate. FIrstl the inebrIate could be arrested, booked, and JaIled under Penal Code SectIon 647(f) Second, If the qualIfIcat10ns set forth In Penal Code Section 647(ff) were met, the InebrIate could be taken Into CIV1l Frotectlve custody and transported to a licensed detoxIflcatlon faCIlIty. Reallstlcally, thIS has never been a V1able optIon due to either the noneXIstence of lIcensed detOXIfIcatIon centers In many areas, or where they do eXIst, room 1S seldom ava1lable Third, pursuant to Penal Code SectIon 849fb){Z}, the Inebr1ate could be taken to )al1 and released (kIcked-out) when sober. See People v. Longwlll, 14 Cal 3d 943, 947-948, 123 Cal Rptc, 297, 299-300 (1975); Moss, TakIng the PUblIC InebrIate Out of Callf9cnla's CrlmlnaA J~stIceSystemJ 7 U C Dav1s L. Rev. 539 (1974). By 1974, the magnItude of the pUblIC 1nebrlate problem had reached such proportIons that the Callforn1a Senate Select Commlttee on Law RelatIng to AlcoholIC Beverages lssued a four volume F1nal Report follOWIng publlc hearIngs held 1n 1973 California Senate Select Comm on Laws RelatIng to AlcoholiC Beverages, FInal Report 43 (1974) Among Its recommendations and fIndIngs, the CommIttee concluded' . . . . . . TestImony by enforcement offlclals various law lndlcates that 33 . . . as much as 40 percent of the time of local law enforcement officers IS spent in arresting, processIng, and prosecutIng common drunks. There IS no eVIdence to Ind1cate that th1S practIce serves any useful publ1C purpose. The CommIttee recommends that the crlme of common drunkeness be . . elIminated from the statutes. There . are ample prOVIsIons In the law for handling people under the Influence of alcohol If they commIt another crIme. . I Q... a t 1 7 The CommIttee proposed that leg1slat1on be Introduced ImpOSIng eXC1se taxes on alcohol1C beverages These taxes would be dlstrlbutea to cltles and countIes for the exclUSlve purpose of establishing and operat1ng local alcoholIC treatment centers In thIS way, no burden would be placed on local taxpayers. In 1975, Senate BIll 204 was lntroduced Into the LegIslature WhICh embodled the CommIttee's alcohol eXCIse tax proposal almost In Its entIrety. At the same tIme Senate BIll 329 was Introduced to repeal the publIC Inebrlate statutes, to reqUire each county to prOVIde CIVIl detoxlflcat1on faCllltles) and to approprIate $20,050,000 for tra1ning personnel and fundIng faCIlIties. Stevens, Decrlm~nallzatlon . . . . 34 . . and Beyond: Public Ipebrl~y In Los Anceles CountYI 3 WhIttIer L. Rev. 55, 72 (1981). Even though these bIlls were opposed by the alcoholIC beverage Industry, they passed both houses of the LegIslature. However, Governor Jerry Brown vetoed both bills, and the LegIslature was unable to overrIde the veto. Subsequent legIslatIve efforts In 1976 and 1980 to decrImlnallze publlC InebrIatIon and fund local and reglonal alcohollc treatment . . faCIlItIes faIled. Cal 5 B. 1382, 1975-1976 Reg SessJ Cal 5 B 1745, 1979-1980 Reg Sess. . C Sundance_and Beyond Glven the faIlure of the Leglslature to resolve the publIC InebrIate proble~ by proposed decrlmlnallzat10n and funding of local treat~ept centers by alcohol excise taxes, the contlnued task of dealIng WIth the publ1C 1nebrIate problem remaIned wlth law enforcement agenCIes and the courts The criminal JustIce system contInued to be used In a . . sporadIC, arbItrary, and Irrational manner to deal WIth the . PUblIC aspects of problem drInkIng. NotWIthstandIng knowledge on the part of the medIcal professlon) the courts} and the LegIslature "that Indlgent, chroniC alcohollcs are slck, and Slnce the eX1st1ng faCllltles for the1r care are lnadequate, and SInce they are d1rty and 'unsanItary' (publ1C 1nebrlates offend the publIC'S aesthetlc sensIbllltles), SOCiety WIll contInue to place them In ]a1l, where they WIll be removed from publlC vIew" . . 35 . . . Stevens, DecrIminalIzatIon and Beyond: Public Inebr1ty In LQs Angeles County, 3 WhittIer L. Rev. 55, 79 (1981). This has, and continues to be, the standard practIce and POlICY utllIzed by the maJority of law enforcement agenCIes throughout CalIfornia In 1975, Robert Sundance, a mIddle-aged, homeless, lodIgent, chronic alcohollC wIth a long arrest record for public drunkeness, along wlth four other Similarly sltuated alcoholICS, and a taxpayer, flIed a lawsuit In Los Angeles SuperIor Court, Sundance v. Municipal Court, No. CA 000257. The case Involved a wholesale constitutional attack on the entire crlmlnal ]Ust1ce system as It related to arrest, prosecutlon and IncarceratIon of public InebrIates under Penal CODe SectIons 647(f) and (ff) The trIal court granted the followlng relIef In the . . . . case. . [I]ndlvldual medlcal screenlng of each arrestee, mOfiltorlng In holdlng tanks by a medIcally traIned person of those unconSCIOUS or In w1thdrawal, nutritIonal requlrements for arrestees, rest faCllltles for each arrestee, llmltlng the time arrestees can be conflned In certain tanks and lImitIng the number of arrestees who . . ca~ be confIned In those tanks, . furnlshlng blood alcohol tests to 36 . arrestees who request them, lImItations on the use of B-wagons for transportat1on of arrestees, mInImum requIrements arrestees for confInement In holdIng tanks of of arraIgnment the tIme preserved courts, requ1rlng that at of arrest eVIdence be and w1tnesses noted, . requIrlng that Indlvldual waIvers be taken upon a plea of gU1lty, requIrIng that notIce of probable cause detent10n hearIngs be communicated to each person beIng arraIgned, requIrIng that the elements of the offense be communIcated to each person beIng arra1gned and requIr1ng that trials for those who plead not gUIlty be set wIthln fIve court days of arraIgnment. Sundanc~ v. Munl~lpal Court, Ct. App. SlIP OpInion at 11-12 (1983) Sundance IS presently on appeal to the Callfornla Supreme COLlrt. . . . D. De Facto Decrlmlnallzatlon and Potentlal JudICIal pecr1ffilnallzatIon . Many law enforcement agencIes have futlllty of dealIng WIth publIC 1nebrlates recognIzed the In the crlmlnal 37 . . Justlce system. In 1978, the Commander of the L.A.P D Central PolIce DIstrIct stated. . The days of crim1nal sanctIons agaInst publIC drunkeness are limited. This wIll eIther be done legIslatIvely . or by expansIon of court codes. Po. polIce agency must antICIpate thIS trend and traIn Its offIcers In the . proper use of other usually lncluded offenses A workIng knowledge of other statutes w1ll aSSIst offIcers . In dealIng WIth persons who even now Wlll not be accepted by detoxlf1catIon faCllltles.1...2/ . In 1977, the Los Angeles Pollce Department adop~ed SpecIal Order 23 InstItutIng a w1despread applIcatIon of the release procedures set forth In Penal Code SectIon 849(b)(2) . "Until adequate faClllt1es are available, thls Department WIll necessarlly contInue to arrest and book publlC InebrIates but WIll not seek prosecutIon, absent eXIgent C1rcumstances." . SpecIal Order 23, Los Angeles Pollee Departm@nt, Issued July 8, 1977 The operatlve effect of SpecIal Order 23 was to decrease . arrests by the Los Angeles PolIce Department for publlC lnebrlatlon/dlsorderly conduct dramatIcally. Arrests went . 12/ Stevens, DecrImInallzatlon and Beyond: PublIC Inebrlty In Los Angeles County, 3 WhIttler L. Rev 55, 117-118 (1981). 38 . . . down more than 60\ and prosecutions were down 92\, The following table illustrates the reduct10n 1n arrests for Penal Code SectIon 647(f) arrests 1n several Los Angeles PolIce Department DIvIsIons, from 1975-1979. . D1VlS20n \ +/- (1975-1979) Central -43.8 Rampart -63 7 Hollenbeck -49 5 Hollywood -63 5 Van Nuys -14 7 Northeast -31.2 . . . (Table by P Parsons, OffIce of Alcohol Abuse and AlcoholIsm (~ug 1980) (prepaced from LAPD StatistIcal Digest) The soc1al and economlC Impact of decreaslng arrests of public lnebrlates wIthout the alternative of prOVIdIng treat~ent faC1llt1es lS shocklng for both the publIC and the InebrIate. "AccordIng to one source, fIre department rescue . ambulance responses In the skld row area have Increased 26% . SInce the Sundance deCIS10n SpeCIfIc response categorIes worth notIng are the followlng: assault and flghtlng Increased 50%1 apparent lntoxlcatlon Increased 22\; lnJury Increased 31%" (F. Hunter, A Strategy in HumanIstIc Urban Conservatlon VI, 1-2 (1979)(unpubllshed manUScc1pt) on file at Office on Alcohol Abuse and Alcohollsm.) . . 39 . . E. The Public Inebrla~e prgblem 1n Santa Monlca. The CIty of Santa Monlca has conslstently been . claSSlfled as a publ1c InebrIate problem area. In 1978, Santa Monlca ranked fourth In a table of jurIsdIctIons reportlng the number of Penal Code SectIon 647(f) drunk In publ1C arrests.~/ . PUBLIC INEBRIETY TROUBLE SPOTS TOP 15 HOT SPOTS PolIce Jur~sdlctlon Penal Code SectIon 647{f} Arrests-1978 % +/- From 75-78 Data . Cen::ral fLAPD) 17,687 -38 . Long Beach 7,165 +45 MacArthur Park (Rampart LAPD) 3,911 -18 Santa Monlca 2~019 +35 Hollenbec~ {LAPDj 1 ,750 -26 . Pasadena 1,564 +108 Hollywood (LAPL) 1,552 -40 El Monte 1,446 +80 . Inglewood 1,420 +40 Van Nuys (LAFD) 1,040 -8 East L A {LASO Unlnc IJ037 -17 . Northeast (LAFD) 972 -9 Glendale 909 +27 Redondo Beach 853 +180 . . dQ/ (PubllC Inebr1ty 1n Los Angeles County, A Report to the Board of Supervlsors (Sept. 1980)j PrelImInary 1980-81 Los Angeles County Alcohol Plan (1980); clted In Stevens, DecrImInalIzatIon and Beyond: Publlc Inebrlty In Los Angeles Co u n t y, 3 Wh 1 t t 1 e r L. Rev 55, 98 (1981).) 40 . South Gate 773 +22 There are other crlt1cal IndIcators which reflect the severIty of pUblIc inebrIty problems throughout the County of Los Angeles It is a problem whIch contrary to popular belief 1 s not J and cannot be, conf 1 ned to "Slu d Row "ll/ . County Health Alcohol- ServIces \ 647(f) Related Reglon::: Arrests Deaths '\ Poverty \, Popula Central 56.1 2S.3 35.9 16 9 Coastal 19.0 29.1 20.7 29.4 San Fernando & Antelope Valleys 8.5 16.0 14 0 21 7 San GabrIel 8.3 15.7 15.6 21.8 Southeast 8.0 13.8 13.7 10 2 99 9 99 9 99.9 99 9 . An analysIs of Santa Monica PolIce Department Annual Repor~s from 1960 through 1983 Indlcates that arrests of . publiC Inebriates decllned dramatIcally 1n the ten (10) year perlod between 1960 and 1970 {See Appendix V.) Since 1979, however) there has been a steady increase In the number of . arrests for publIC drunkeness under Penal Code SectIon 647ff). Arrests In 1983 represented a 46 5% increase over the number of arrests in 1979 From 1979-1983, Sectlon 647(f) arrests . Increased on the avecage of 10~ per year . ~/ Stevens, Decrl~lnallzat1on and Beyond' Public Inebrlty In Los Angeles County, 3 Whlttler L. Rev. 55, 100 (1981) 41 . . Total 6_47(f) Arrests 1979 1882 1980 1999 1981 2239 1982 2473 198.3 2758 \ +/- From PrevIous Year +6.2\ +12\ +10.4\ . +11. 5\ Based on Federal Bureau of InvestIgatIon Un1form Crlme . Reports) Santa Monlca's arrest rate foe publlC drunkeness In 1982 was over four (4) tImes the average arrest rate for cltles wlth slm11ar populatlons. [See AppendIX VI, Table 3 ) . . . . . . 42 . . . V. PROSECUTION POLICIES. The Crlmlnal DIVISlon of the CIty Attorney's offIce plays an essentIal role In respondIng to the CIty'S local crIme problem. Pollcles have been 1mplemented to ensure the vIgorous prosecution of serIOUS criminal offenses and the reductlon of plea bargaInIng once a dec1slon to prosecute has been made At the same tIme, the CIty Attorney has attempted to re~ove fro~ the crImInal JustIce system matters that are more approprIately dealt wlth elsewhere In June of 1981, the Santa MonIca Clty Attorney's offIce Inltlated a prosecutIon POlICY sImIlar to Spec1al Order 23 utIllzed by the Los Angeles PolIce Department. Pursuant to thIS POllCY, publIC InebrIates remain SUbJect to arrest, but are released after soberIng up as prOVIded In Penal Code SectIon 849(b)(2). However, prosecution WIll not be InitIated unless the arrest report IndIcates speclflC Cflmlnal actlvlty In adoltlon to publIC InebrIatIon ThlS POlICY was Implemented because no law enforcement purpose was served by commenCIng crlffilnal prosecutIons. CIty and county resources were beIng expended solely to obtaIn a conVIctIon WIth a sentence of credIt for tIme served. The POlICY adopted by the CIty Attorney's offIce related only to prosecutIons and not arrests "ThiS prosecut1on POllCY does not necessitate any change In the PolIce Department's arrest pollCles concernIng publIC InebrIates." Inter-Department Memorandum, ProsecutIon POlICY Concern1nq PubliC Inebrlates: June 29, 1981. . . . . . . . . 43 . Additionally, In conJunction wIth the Santa MonIca Pollce Department, the CIty Attorney's offIce developed a public inebriate "short form" arrest report whlch replaced the time consumIng narratIve report format previously utIlIzed by the Pollce Department. ThIS change sIgnIflcantly expedIted publIC InebrIate arrest and bookIng procedures The publIC Inebriate prosecutIon POlICY adopted by the Santa MonIca Clty Attorney's offIce In 1981 has had no . slgnIflcaIlt Impact an the number of arrests made for PUblIC InebrIation. Arrests have actually Increased since 1981. . Total Drunk Arrests . 1977 2086 1978 2101 1979 1989 1980 2115 1981 2487 1982 2818 1983 3032 . . 1984 (Jan 1 - Sept 30) 2002 On November 26, 1984, the Santa MonIca CIty ~ttorney Issued a memorandum clarifYIng prosecutIon polIcies with . respect to alcoholIC publIC Inebrlates, the homeless, and lndlgents These polICIes were adopted In the context of specIfIC conslderatlons reflectIng the magnitude of the . homelessness prOblem In Santa MonIca balanced WIth a need to protect the publIC from actual antl-sOClal conduct rather than 44 . prosecutIon based on an individual's status. VII ) (See Appendix The CIty Attorney's prosecutIon polICIes have not curtaIled the Police Department 1n making arrests In addltIon to publIc inebrIate arrests, the PolIce Department In 1984 has made 236 arrests for varIOUS offenses such as pannandllng1 trespaSSIng and drlnklng In publlC. 2,217 CItatIons have been Issued for these In addItIon, and slmIlar VIolations. (As a general rule, VIolations InvolvIng drInkIng . In pUblIC, sleeplng on the beach, urInatIng and defecatlng In PUOllC, result In CItatIons (Q-cltatlonSJ Issued In lIeu of arr~st. These CItatIons are not entered 10tO a computer system and were hand counted for the year 1984. Most of the CItatIons are for drInking In publIC.) A table summarIZing prosecutIons for mIscellaneous crImes generally attrlbuted to homeless IndIVIduals 1S set forth 1n AppendIX VIII. (The totals do not reflect Q-cltatlons, for WhlCh records are not retaIned.) . . . . . 45 . . VI. HISTORY AND DEVELOPMENT.OF MENTAL HEALTH SERVICES IN CALIFORNIA. . . When we approach the vagrant in the splrlt of char1ty, we are merely advertls1ng ourselves in order to seduce hIm Into our Ideology, when we approach hlm Jurldlcally we are trYlng to )ustlfy ourselves by means of h1S annlhllat10n He shows us our . weakness, and he shows us the utter . equ1vocatIon cannot In of our moral1ty We good fa1th say that he 1S . because he IS wlcked; because we know only too well the ethIcal poverty of our own more successful practlce Our safest bet IS to call hIm mad PhIlIP . O'Connor, BrItaIn In the Sl~tl~S: Vagrancy, 1963, . A. Common Law . In many respects, the hIstory and development of mental health serVIces eIther parallels or IS an outgrowth of CIVIl commltment polICIes, practIces and procedures. At common law the VIolently Insane could be detaIned by anyone Deutsch, The Mentally III In A~er!ca 419 (2d ed. 1949). The sovereIgn's polIce power could be lnvoked to . 46 . prevent destructIve acts. RestraInt and subsequent commltment (or worseJ were totally dependent on violent conduct. Allan & Parrls, CivIl Commltment of the Mentally Ill, 14 U.C.L.A. L, Rev 622, 626-27 (1967). "In colonial AmerIca this frequently amounted to detention for publIc executIon, Both in England and Amerlca, the mentally III who escaped thIS fate were cast Into what could only euphemIstIcally be called 'hOspItals on Deutsch, The Mentally III in AmerIca 420 (2d ed. 19491, CIted In Allan & Parr1s, ~lVIl Commitment of the Mentally Ill, 14 U C L A L Rev 822, 824 (1967). Comrnltrnent to a hOspItal, however, was generally fer an IndetermIoate perlod. . B Californla Early development of CiVIl commltment laws in CalIfornIa paralleled those adopted In other jurIsdictions In 1897 the state Legislature adopted a comprehensive InsanIty law deSIgned to completely reVIse the eXIstlng laws on the SUbJect of Insanlty In re La~p~~t, 134 Cal 626~ 66 P. 851 (1901) The act was copIed from a New York comprehenslve lnsanlty law enacted In 1896. However, the Callfornia Legislature neglected to Include procedural safeguards WhlCh were an Integral part of the New York statute Due to the fallure to give notlce to the indlvidual beIng comm1tted prlor to selzure and dellvery to a mental hospItal, the Callfornla Supreme Court in Lambert declared the entlre law unconstitutional . . . . The CalIfornIa Involuntary Legislature commitment laws enacted by the subsequent to Lambert rectlfled the 47 . . pre-commitment notlce defIcIency and provIded for Involuntary commItment of mentally III Ind1Vlduals who were eIther . presently dangerous or lIkely to become dangerous. Between 1901 and 1967 when the Lanterman-PetrIs-Short Act was enacted, a person InvoluntarIly commItted was deprIved . of numerous personal and CIVIl rights. In additIon to los1ng the rIght to decllne medIcal or psychIatrIc treatment, the IndIVidual was sUbJect to the followIng: ( 1 ) auto~atlc . revocatIon of profeSSIonal licenses for over twenty (20) profeSSIons includIng law, medICIne, accountIng, psychology, and nurSIng, l 2 ) dlscretlonary reVocatlon of a drIver's . lIcense by the Department of Motor VehlClesj ( 3 ) loss of abIlIty to buy or sell property where a title search was reqUIred; ( 4 ) autowatlc loss of publIC offIce If the . Incumbent was InvoluntarIly commltted.d1/ In 1947 another SIgnIfIcant development occurred WIth respect to "who" could be InvoluntarIly commItted to a mental . hospItal In Callfornla. PrIor to 1947 only a mentally III IndIVIdual who was elther presently dangerous or likely to become dangerous could be Involuntarlly commItted. However, . In 1947 the Leglslature saw fIt to expand the commItment crlterlon from "dangerousness" to self or others to encompass IndIVIduals who "are of such mental condItIon that they are In . need of superVIsIon, treatment, care or restralnt.~ Cal. . ~/ Burke, The Need For Reform 1n The Callfornla ClVIl Commltment Procedure, 19 Stan. L. Rev. 992 (1967). 48 , . . Welf, & Inst. Code SectIon S5S0(a)(West's 1947), repealed by 1968 Cal Stats., c. 798, Section 7, operative July 1, 1969. The addItIon of thIS "need of treatment" standard was vague and was premIsed not on the state's polIce power concept to commIt lnvoluntarlly to protect the publIC from VIolent and destructIve acts, but rather was an InvocatIon of the anCIent paren~ ~atrIae concept to protect and aSSIst IndlvIduals in carIng for theroselves. "Commitment for dangerousness to ot~ers serves the pollce power; commItment for dangerousness to self reveals the government as guardIan to those members of the comrrunlty unable to care for thelr Interests" Note, CIVIl CommItment of the Mentally Ill: TheorIes and Procedures. 79 Harvard L Rev 1288, 1293 (1966) See Matter of Oakes, 8 Law Rep 122, 125 (Mass. 1845) . . . . . C The DeclIne of CustodIal HOspItalIzatIon for the Mentally Ill. It was not untIl the early 1960s that WIdespread attentIon was focused on the economIC and human waste assocIated WIth the operatIon of the state mental hospltal system In CalIforn1B In 1966, the state mental hospItals had twenty-flve thousand patIents. Eighty-four percent {84%) of these patIents had been involuntarIly commltted. Burke, The Need for Refor~ ID the Callfornla CIVIl Commitment Procedure, . . 19 Stan L. Rev 992 (1967) . Studles demonstrated that for many years state mental hOspItals were belng utll1zed as "warehousesU or udumplng 49 . . . groundsN for the unwanted and socIally undeSIrable rather than for isolating and treating mentally dIsordered persons. A large number of aged persons With no symptoms other than senIlIty were InvoluntarIly commltted to state mental hospItals. In 1965, 20\ of all Involuntary commltments Involved persons over sIxty-five (65) years of age. "A 1965 estImate stated thaL about 4~500 aged patIents were Improperly placed In Callfornla State HOspltals Of thIS number, 80\ dIed wlthln a year." CalIfornIa Assembly Interim CommIttee on Ways and Means, Flnal Report on Health Care ServIces for the Aged lAprll 1965); Callfornla Assembly InterIm CommIttee on Ways and Means, ~ Summary Report on Heal~h ~are Servlces for the Aged 17 {19641. Custody rather than treatment became the functIon and purpose of state mental hospltals. . . . . (T]he communIty's assumptlon the state hOspltal IS a dump for Its problem For years the communIty us people wlth lIttle Of no [ 1 S ] that . proper people has sent . mental Illness, but w1th lImIted . abIlIty to compete 10 the world We gIve these people no treatment - Just three squares, a plot 10 the dormItory and a chance to perform desultory labors euphemIstIcally referred to as nindustrlal therapy" . So mental . 50 . hospItals are being told to functlon . as (a) boardIng nurserles unreconstructlble Peter Pansj for (b) front porches for old people; and ( c ) pInk and blue ribboned paneled . Instltutlons for naughty folk. (Quote, Dr. WIllIam Sheeley, former state mental hOspltal superIntendant; . Burke, The Need for Reform In the . CalIfornIa CIV1l Commltment Procedure, 19 5 tan. L Re v 1 002 (1967) The SItuatIon In CalIfornIa's mental hospItals had reached a critical state by 1965. ReSident patIent populatIon was more than 1,000 beyond capaCIty 1965 State of CalIfornIa 5tatl~tlcal Abstract 146 (1966). Hospitals were understaffed; morale was low More Importantly, costs were hIgh EmpIrIcal studIes and data, both state and natlonWldel concluded that state mental hOspitals were ill-eqUIpped to perform theIr therapeutIc function and that hOspitalIzatIon was not essentlal In many cases for purposes of effectIve treatment. CalIfornia MedIcal ASsOcIat1on, Observations and Comments Based On A Su(vey of Callfornla State Mental FaCIlltles, (1965) . . . . . 51 . D. The Advent of Community >>ased Mental Health Deliverv Systems. In 1963, the Kennedy Administration adopted a national mental health program which called for the mentally ill to be treated in the1r own communItIes. The POllCY underlYlng thlS InauguratIon of a federal program favorlng communIty mental health centers was premIsed prlmarily upon effIcacy of treatmeDt goals rather than budgetary consIderatIons related . to cost reductIon Efforts were made to "focus community . resources and provIde better communIty facJlitles for all aspects of mental health care" so that "the center would make possIble a better understandIng of [the patlent'sJ needs, a more cordIal atmosphere for hIS recovery, and a contInuum of treatme~t" ~essage From the Pr~sldent of the UnIted States Belatlve to Mental Illne~s and Mental Retarda~io~, H.R. Doc. No. 58, 88th Congo 1 150 Sess. 3 (1963). The Community Mental Health Centers Act of 1963 (42 U.S.C. Sectlons 2681-96 (1964)) authorIzed SIgnIficant aid to states In 1965-1967 for constructIon and stafflng of communIty mental health centers CalIfornIa communItIes for the most part faIled to utIlize avaIlable federal funds to establIsh commuDlty treatment programs. It 15 generally conceded that federal CIrcumventIon of state polItIcal power structures led to subsequent state dIsavowal of the new programs. Brown, publIC POlICY ~pd the ~lghts of Mental Patlents, 6 MDLR 55, 56 (1982} . . . . . 52 . In 1957, SIX years before the advent of the federal Community Mental He41th Centers Act, the Callfornia LegIslature enacted the Short-Doyle Act ~hlCh was deSIgned to provlde an Incentive to communItIes to establish local mental health treatment facllltles. Cal, Welf & Inst. Code SectIon 9000-58, repealed by 1967 eal. Stats. Cal. Welf. & lnst c. 1667, Section 41 Code Section 5600 et (now contaIned In . seq ). ThlS early attempt to stimulate communIty mental health centers produced very few viable operatIve local programs, Counties were reluctant to meet the twenty-fIve percent matchl~g fund reqUIrement, partIcularly SInce they saw the eXIstIng commitment laws as effectIve for banIshIng undesIrables from the local scene to state hospltals. Those Short-Doyle faCIlitIes WhICh were establIshed were utIlIzed by many countIes as a mechanIsm to faCIlItate placement in state hospItals. Burke, The,Need For Reform in The Ca11forn~a CIV1~ Com~ltment Procedure, 19 Stan L Rev. 992, 1003-04 (1967). In the late 1960s, long standIng dissatlsfactlon W1th eXistIng commitment procedures and state hospltal condItIons preCIpitated a maSSIve overhaul of the state's mental health system . . . On January 1, 1967, Ronald Reagan became Governor of the State of Callfornla. On March 14, 1967, hlS AdmlnIstratIon announced s1gnIfIcant reductlons 1n state hOspItal personnel and budget allocatlons. It was clear that Governor Reagan Intended to dlsmantle the state hosp1tal system and place . 53 . . lncreaslng reI lance on a system of prIvately operated Los Angeles TImes, March 15, Los Angeles TImes, March 16, . communIty based 1967, Sectlon faCllltles. 1 a t I, co l. 6 j . 1967, Sectlon I, at I, col. I. The result of the Reagan AdmInIstratIon's budget cuts was to drastIcally reduce the census at VIrtually all state hospItals The drastIc reductlon In state hospltal In-patlent levels has been termed "the transfer of care " Brown, The . Transfer of Care U.S. Mental Health POlICY Slnc~ World War ll, 9 InternatIonal Journal of Health SerVlces 645, 667 (1979) The effect of thIS POlICY was "to delnstltutIonallze state hospItal patIents Into the communIty by plaCIng them In unsatlsfactory nurSIng and boardlng homes, largely paid for by federal Medlcald and SSI funds, where thelr plIght WIll no longer be a problem for state government. ThlS undermlnes a unIform POlICY and IS hIghly questIonable In terms of humane care." 1.9- at 56 ThIS was the SItuatIon 1n 1967 when the Leglslature enacted the Lanterman-PetrIs-Short Act . . . E. The Lanterman-Petrls-Short Act . In 1967, the CalIfornIa Legislature replaced eXlsting a comprehensIve leglslatlve Lanterman-PetrIs-Short Act CIVll scheme commItment procedures WIth denomlnated as the . (hereInafter "LPS," Cal. Welf & lnst Code SectIon 5000 et seg , Stats. 1967, C 1667, p. 4074, SectIon 36, operatlve . July 1, 1969) There was a and operatIve effect of LPg two year delay between enactment ThIS reflects the magnItude of 54 . change in eXlstlng law engendered by the LPS and was necessary 1n order for private and publIC sector adJustments to ensure that the law would become a workable realIty. The essential provlslons of the LPS Act provIded for: [AJ new statutory scheme repealing the indeterminate commltment, remov1ng the legal disabIlitIes prevIously Imposed upon persons adjudIcated to be mentally tll, and enactIng an ~xtenslve scheme for com~u0Ity-based serVIces, . emphasIzlng voluntary provIdIng for perIods observatIon and crISIS treatment and of Involuntary treatment for . persons who are unable to care for themselves or whose condition makes them a danger to themselves or others rhorn v SuperIor Court, 1 Cal. 3d 666, 668, 464 P,2d 56, 58, 83 Cal Rptr 600) 601 (19701 (emphaSIS added} The extenslve scheme of communIty based serVIces requlred organlzatlon and flnanclng. To accomplIsh thiS significant modlflcatlons were made to the eXlstlng . . . Short-Doyle Act. The concurrently WIth the second Short-Doyle Act was enacted LPS Act. (Cal. Welf. & lost Code . Sectlons 5600-5800 (West's 1984).) It was deslgned: 55 . IT)o organIze and flnance communlty mental health services for the mentally disordered 1n every county through locally administered and locally controlled community mental health programs. It 1S furthermore Intended to better utIlIze eXIstIng resources at both the state and local - - levels In order to lmprove the effectlveness of necessary mental health serVIces; to Integrate . state-operated and communIty mental health programs Into a unIfIed mental health system) to ensure that all . mental health profeSSlons be approprlately represented and utlllzed In such mental health programs; to . provIde a means for partlclpatlon by local governments 1n the determInatlon of the need for and the allocatlon of . mental health resources; to establlsh a unIform ratIO of local and state government respoos1bllIty for . financing mental health serV1ces; and to prevIde a means of allccatlng state mental health funds accordIng to . 56 . . communIty needs. (eal. Wel!. & lnst. . Code Section 5600 (West's 1984).) The leglslatlve Intent of both LPS and Short-Doyle Acts was to completely change Callfornla's mental health system. Under both acts, many former questIonable practIces related to CIV1I commltments have been ellmlnated and communIty faCIlItIes establIshed. However, there are still sIgnIfIcant gue5tlons and problems wlth respect to standards under WhICh an IndIVIdual IS subject to Involuntary custody and evaluatIon under the LPg Act as well as uncertalnty regardlng the nature, number, and functIon of communIty care faCIlltles establIshed under the second and recently amended thIrd Short-Doyle Act . . . . F LPS Act Custody and ComMltrnent Problems. WhIle there are several ways for a mentally dIsordered person to become subJect to the custody/evaluation/commItment prOVisIons of the LPS Act, there are only two procedures WhICh are germane to the scope of thlS report. The lnltlal confinement and evaluation of a mentally dlsordered person 15 generally accompllshed pursuant to the provIslons of Welfare & InstItutlons Code SectIon 5150. PolIce offIcers, staff members of an evaluatIon facility, and other deSIgnated profeSSionals may upon probable cause take lnto custody or authorize the takIng Into custody an IndIvldual who as a result of a mental dIsorder IS "a danger . . . . to others, dIsabled," or to hImself or herself, or [IS] gravely (West's ( Cal. Welf. & Inst. Code Section 5150, 57 . 1984).) Such an lndlvidual is sUbJect to lnvoluntary seventy-two (72) hour custody, treatment and evaluation Slmllar provlslons are applIcable to Indlvlduals who are gravely dIsabled or dangerous due to 1nebrIation. (Cal. Welf. & Inst. Code Sectlon 5170,) FollowIng the Initial 72 hour detentIon, an indiv1dual can be "certIfIed" for fourteen ( 14) addItIonal days of treatmert If: . (1) The staff f1nds that the person 1S dangerous to hlmself or to others, or 1$ gravely dlsabled (2J The person has been adVIsed of but has not accepted voluntary treatment. . can (3) The faCIlIty can provId~ treatment. tCal Welf. & lnst Code Section 5250 (West's 1984).) BarrIng exerCIse of h~b~a~ ~9rpvs reVIew, an IndIVIdual be held for seventeen (17) days WIthout JudICial reV1eW addltlonal confInement and treatment beyond the seventeen day perIod 1S IndIcated, ]UdlClal reVIew 1S generally . . If (17) requlred. SpeclflC cornffiltment procedures, conservatorshlps, . and on-golng judlclal reVIew are dependent on whether the mentally dIsordered person IS claSSIfIed as either dangerous to others or gravely dlsabled. (See Cal. Welf. << Iost. Code Sectlons 5260-68, 5352 (West's 1984).) . 58 . . . Questions and problems related to the LPg Act commltment procedures center around the meaning of terms such as: "dangerous to others," "gravely disabled," and "dangerous to self" These statutory standards are clearly subjective and Invite, permlt, and encourage arbitrary and d1scrlmlnatory enforcement of the law. Burford, The "Cuckoo'~ Nest" Reassessed: Involuntary Commltment In Callfornl8 After Suzuk) v. Yuen and Doe v. Galllnot, 22 Santa Clara L. Rev. 807 (1982). A . . LPS Act study of custody and lndlcated that commltment procedures under the the Act frequently penalized . indlVlduals who demonstrated ldlosyncratlc behavlor. The author found that nonstatutory VIolatIons of folkways (wearing blzarre dress, belng tranSlent, having a dirty home, etc.) were common crlterla for the lnltial commItment under a grave dIsability . . standard. Furthermore, these patterns . of behavlor were those most frequently used as eVIdence of faIlure to prOVide food, clothIng, or shelter at subsequent ~abeas corpus hearings Id at 824, CItIng Warren, I~yoluntary Commltment for Mental D~sorder: The . Appllcatlon of Callfornla's . 59 . . . Lanterman-Petrls-Short Act, 11 Law & Soc'y Rev. 629, 634 (Sept. 1977). However, both state and federal courts have upheld the LPS Act's "gravely disabled" commitment standard against challenges that 1t 1S unconstItutIonally vague and due process challenges to the lnltlal lnvoluntary commItment scheme, Doe v. Galllnot, 486 F. Supp. 983 (C.D. Cal 1979), aff'd 657 F.2d 1017 (9th elr 1981); Thorn v .~uperlor Co~rt, 1 Cal, 3d, 464 P 2d 56, 62 Cal. Rptr. 600 (1970); County of San D1eqo v SuperIor Court, 1 Cal.3d 677, 464 P.2d 63, 83 Cal. Rptr. 607 t19701 . . . The UnIted States Court of Appeal for the Nlnth CIrCUIt 1n Doe dId hold, however, that SInce there was a hlgh degree of sUbJectIvIty Involved In Interpretlng the grave dIsablllty standard, a mandatory probable cause hearlng was requIred for the gravely dlsabled prlor to the fourteen (14) day extenslon certIficatIon . . . The dllemma facIng law enforcement and mental health professIonals 1$ what act10n to take to protect or aSslst Indlvlduals who may not warrant Involuntary commItment, but whose psychologIcal condItIon requlres some sort of Interventlon SInce they are also unable to lIve outslde of an InstItutlonal settIng In enactIng the LPS Act, the LegIslature speclflcally Intended ''It)o protect mentally dIsordered persons and developmentally dlsabled persons from crlmlnal acts" (Welf. & lost. Code SectIon 5001(gl.) Mentally dlsordered persons who wander streets and parks . . 60 . . . wlthout medlcatlon, supervised treatment plans, and shelter are constantly exposed to abuse 1n the form of beatIngs, robberYl and general threats of IntlmIdatlon and phys1cal harm It lS 1n thls sltuatlon that the need for viable communIty mental health centers and community care facIlIt1es for local crisis InterventIon and placement, short of commltment, IS essentIal. . . The Short-Doyle Act and Communlty Mental Health Programs and FaCIlItIes. The Short-Doyle Act IS specifically desIgned to fund an extenSIve scheme of communlty based mental health programs and faCIlItIes. real. Welt. & lnst. Code SectIon 5600 et seq ) In 1984, the Act was extensIvely amended by the Callfornla G . . LegIslature (1984 Cal. Stats , c. 1327. Pursuant to the Act1 the Board of SuperVIsors of each countYl or Boards of SuperVIsors of countIes actIng JOlntlYJ are reqUIred to submlt an annual county mental health plan to . the state Dlrector of Mental Health. (Cal. Welf. & lnst. . Code SectIon 5650) In developlng a mental health plan, each county shall conslder all of the followlng speclfled prIorIty populatIons: (a) ChronIcally mentally 111. (b) Mentally dIsturbed chIldren and adolescents. . ( c ) (d) Mentally III elderly Mentally III JaIl Inmates and mentally III wards of JuvenIle detentIon faCIlItIes. . 61 . . . (e) Underserved populatIons. (Cal. Welf. & lnst Code SectIon 5651.1.) The Los Angeles County Department of Mental Health as establIshed by the County Board of SupervIsors is responsIble for the admInlstratlon of the Short-Doyle Program for mental health. ThIS Department operates both countYWIde and regIonal mental health programs Los Angeles County lS organIzed Into five health serVIce regIons theoretIcally deslgned to admlnIster a more decentralIzed delIvery of serVlces: Central, Coastal, San Fernando/Antelope Valley, San Gabrlel Valley, and Southeast A SIgnIfIcant number of health serVIce regIonal boundarIes correspond wlth the boundarIes of county supervisorial dIstrIcts Each health serVIce regIon IS also subdIVIded Into fIve mental health regIons Some mental health reglons are In turn subdIVIded Into mental health distrIcts Each regIon IS headed by a Deputy DIrector. The Reglonal Mental Health DlstrIct boundarIes are deSIgned for program plannIng purposes only; persons are not lImIted to receIvlng care wlthln the health reglons or dIstrIcts of theIr res1dence Serv1ces are prOVIded In three baSIC ways: (1) through county operated facllItles, (2) through contracts WIth prIvate prOVIders, and (3) by referral of patIents to state hospItals, prIvate hOspItals, State Offlce of Mental Health SOCIal Services, and State Department of Soc1al SerVlces Ideally, patIents are to receIve . . . . . . . . 62 . . treatment wlth1n theIr own regIon, and, It IS hoped, withIn . their Mental Health DIstrIct. RegIonal Deputy DIrectors for Mental Health are responsible for the plannIng of mental health serVIces within theIr respectlve regIons. Communlty partlcIpatlon In the plannIng process IS facilitated by varIOUS reglonal and dlstrlct lIaIson commIttees. SerVlce provlders are generally represented by the Interagency Coordlnatlng CommIttee The County Department of Mental Health Central offIce has the responslblllty for the flnal plannIng and fundIng allocatIon determlnatIons for the mental health reglons. In determInIng the allocatIon of Short-Doyle commun1ty mental health funds, the County Central Offlce and reglonal planners are generally gUIded by the CalIfornIa Model serVIce target groups, Index of RelatIve Need, and statutory mandated programs and target groups. However, past practIce has shown that obJectIve crlterlon IS not the sole determlnant of Short-Doyle fundIng allocatlons. In 1977, a State Department of Health Report IndIcated there was a hIstory of politIcal Interventlon In the communIty mental health plannlng and allocatIon process to a degree that legltlmate communIty needs were frequently Ignored, (State Department of Health Report (July 26, 1977)j copy avallable In the Santa Monica City Attorney's Offlce. J Each year a portlon of Short-Doyle communlty mental health funds are dIstrlbuted based upon the relatlve politlcal . . . . . . . . 63 . Influence of service provIders and serVIce populations rather than accordlng to an obJectlve lndex of need. H DIstrIbutlon of Short-Doyle CommunIty Mental Healt~ Funds 1n Santa Monica The City of Santa Monica is located 1n the Coastal Mental Health RegIon. The Coastal RegIon IS further dIVIded Into four distrIcts Santa MonIca 1S In the Santa MonIca West Mental Health DIstrict. Coastal RegIon Short-Doyle funds for 1983-84 totaled S13)54S,899 Of this total, the Santa MODIca West Mental . . Health DIstrIct was allocated $3,812,698, WhiCh constItutes 30\ of the total funas allocated to dlstr1ct programs and 28\ of the total funds allocated to the region. Appendlx IX contaIns a detaIled table of regIonal and district Short-Doyle allocatIons No Coastal RegIonal or Santa Monlca West Mental Health DIstrIct Short-Doyle funds have been allocated or targeted for homeles~ mentally dIsordered lndIvIduals. The Callfornla Model for CalifornIa CommunIty Mental Health Programs, WhICh IS utIllzed 1n conjunctlon with the Index of relatlve need to determIne Short-Doyle program fundIng prlorltles, does not contalD a speclfIc program category for the homeless mentally dlsordered. The CalIfornia LegIslature, in amendlng the Short-Doyle Act, faIled to Include programs and funds for the homeless mentally dIsordered It also elImInated entIrely prevIous . . . . 64 . state funding incentives for the establishment of lnnovatlve, communlty based outpatIent treatment serVIces, which were partIcularly suited for adaptatIon to the specifIc needs of the mentally disordered homeless populatlon (Cal. Welf. & lost. Code SectIon 5705.5, amended by 1984 Cal. Stats., c. 1327. In fiscal year 1984-85, the state budget reflected the largest fundIng Increase for local mental health programs in California's hIstory The State Department of Mental Health's budget was $702.5 mIllion, an 11\ increase over the prevlous f1scal year. The portIon of the budget desIgnated for . community mental health programs was Increased by 15\ or $47,000,000 for a total of $364,000,000 1d/ Notwlthstandlng the Increase In state fundIng for communlty mental health . programs, federal funds prevIously allocated directly to communIty mental health centers are now Indirectly allocated In the form of block grants to countIes through the state . These Iodlrect state block grant funds are slgnIflcantly lower than dlrect federal funds As a result, several communIty mental health centers In Los Angeles County have reduced . services Under elther fundlng scheme, homeless mentally disordered IndIVIduals have been VIrtually Ignored WIth respect to development of programs designed to meet thelr . baSIC need for shelter and treatment . ~/ OffIce of the Governor, Press Release (September 25, 1984) 65 . WhIle the POlICY of deinstitutIonallzatlon has necessarIly engendered the need for commun1ty health programs and facllItIes1 actual 1mplementat1on of the Short-Doyle Act has clearly failed to resolve the placement problem related to Indlv1duals dIscharged from state mental hOsp1tals but who are unable to care for themselves wIthout some level of aId or supervIs10n There 15 a grow1ng consensus that the POlICY of aelnstltutlonallzatlon has been condemned as lrresponslbly Implemented . [T)he next era of reform WIll need to acknowledge that responSIDle communIty care must lnclude baslc llfe supports (such as housIng, Income and food), mental health treatment (lncludlog, but not llmlted to, outreach, crisls . InterventIon, medlcatIon, and . supportIve therapy, and some degree of protectlon, supervisloo, and advocacy). Levlne, Homelessness: Its Impllcatlons for Mental Health POIICY and Practice, PsychosocIal Rehabllltatlon Journal, Vol. VIII, No. 1, p. 12 (July, 1984). Shelter and follow up treatment IS especIally dIffIcult Sloce the nature of these IndIVIduals' partlcular mental lllnesses frequently manIfests Itself In a chronIC denIal of theIr true mental and physical deterloratlon. There is also a . . . 66 . fear that contact with publiC agencies may lead to either incarceratIon or further involuntary commitment. The functional characteristics of the chronically mentally III which frequently lead to their 1nabllity to secure or reta1n a residence are [Dllfflculty with the tasks of daily llving, recurrent problems in meeting baSIC survival needs, InabilIty to seek help from human service works, and the tendency toward eplsodes of "actlng out" behaVIor that may - - interfere wi th the well-belng of themselves and/or others Anyone of these characteristics makes It . diffIcult for a chronically mentally III person to gain access to housIng and/or employment; frequently, the . chronically mentally ill have more than one of these functional problems. 1..sL at 8-9 . These indiViduals comprise a slgnlflcant percentage of the homeless Bassuk, The Homelessness Problem, SClentlflc American, Vol. 2.51, No.1, p. 40 (July 1984). The American . PsychlatrJC Assoclatlon has recently Issued a comprehensIve report on the pllght of the homeless mentally III WhlCh analyses its causes and makes speCIfic recommendations for . resolVIng thlS socletal tragedy. (See Appendlx X.) 67 . I. ~PS Act Placement and,Tr~atment AlternatIves. In California during fiscal year 1982-83, 11,275 patIents were discharged from six state hospitals for the mentally dlsabled 1983 CalIfornia StatIstIcal Abstract 77. Durlng 1981-82, 13,815 patIents were discharged. ApproxImately 65-70% of these dIscharged patlents were from the Los Angeles County serVlce area. Thus, Los Angeles County has a crItical problem WIth respect to provIdlng adequate numbers of mental health professionals as well as placement and treatment programs which Will ensure an orderly translt10n from Instltutlon to communlty supportlve care. . There appear to be two prImary factors WhICh lead to homelessness on the part of discharged mental patlents. FIrst, there 1S an acknowledged lack of communIty care . faelIltles avaIlable for placement 1n the County. T~e second and more fundamental problem contrIbuting to homelessness among many discharged mental pat1ents IS that . they refuse to comply with prescrIbed treatment programs and placement In eXIstIng communlty care faCllltles. "A study of 500 a~rested persons In need of psychIatrIC care found that . all had hOspltallzatlon records, but 94 percent were not Involved in any outpatIent program "].!/ There IS a definIte need for some form of mandatory out-patIent programs and . placements for both mentally dlsordered Indlvlduals dlscharged . 1.!/ WhItmer t trq\TI .HospItals to Jalls~ _The Fate ,of CallfornIa's Delnstltutlonallzed Mentally Ill, American Journal of OrthopsychIatry, Vol. 50, No.3, P 738 (Dee 1980} . 68 . from state mental hospitals as well as a treatment option under the LPS CIVIl commltment procedures for indIvlduals whose condItIon does not warrant InstitutIonalIzation. WhIle numerous discharged patients are not committable under the LPS Act, the nature of theIr mental illness renders them unable to care for themselves or lIve indepedently outside an InstltutIon WIthout some level of aId or supervIsion The LPS Act fails to dIrectly address thIS problem. For that segment . of the homeless who are mentally dIsabled, therapeutlc and survIval Imperatives are IntImately linked. (T]here lS always an InteractIon . between clInlcal and SOCIal problems, It IS rarely pOSSIble to separate the two 10 any way that would be . convenIent for the development of Independent medIcal and SOCIal servlces.~/ . Artlflclally separatIng treatment from survival needs reflects a POlICY of dealing WIth the mentally dlsordered ho~eless on a baSIS of neglectful expedIency. . [l]t IS dlfflcult to dellver mental health serVIces to a homeless mentally 111 1ndlvldual who 1S dest1tute and . physlcally 111 ~ part of any mental health treatment program to a homeless . 12/ Wlng & Olsen, Communlty Care for the Mentally DIsabled, Oxford Unlverslty Press, p 172 (1979) 69 . mentally ill person must include an attempt to help stabIlize the immedlate physical enVlronment of the lndlvidual Provldlng shelter, foodJ phYSIcal health care and protection from violence became a signIflcant mental health treatment process. Farr) The Los Angel~s Skf9 Row Mental .. ~ ti~~lth ProJect) Los Angeles County Dept of Mental Health 14 (1983). A grOWIng number of courts and leglslatures have . attempted to deal WIth the chronically mentally III who cannot be committed as mentally dlsordered) but who are too SIck to be placed on the streets. . The New Jersey Supreme Court ln the case of In re Commltmenc of S.L} 94 N.J. 128, 462 A 2d 1252 (1983)} conSIdered the lssue of the legal status of patIents In state . mental hospltals who had been dlscharged Slnce they were no longer dangerous to self, to others or to property However, these patlents were unable to surVlve Independently outslde . the InstItutIon WIthout some care and supervlslon. The court created a hybrld status of "dIscharged pendlng placementU fDPP) whereby when a commItment reVlew hearIng 1S . held) the court~ shall make a further lnqulry to determlne whether the IndIvldual is . capable of leaving the Instltutlon. 70 . If the court determines that the IndIVIdual IS not able to surVIve In the communIty Independently or with the help of famIly or frIends, the court shall direct that the indlvidual remaIn In the institution, but ImmedIately schedule a placement reVIew hearIng to occur within 60 days (In re Commitment of 5 L. J et . .~.l., 94 N.J. 128,462 A.2d 1252,1258 (1983) If no appropriate placement IS found WIthIn 60 days, placement reVIew hearlngs would be held every SlX months The commitment/placement court also has the option of exerCIsIng . contInuing JurIsdIction concernIng the care, superVISion, . placement or commltment of the IndlVldual. In CalIfornIa, the only comprehenSIve treatment and placement prOVISIon under the LPS Act deals WIth mentally dIsordered IndIVIduals who have actually carrled aut, or . threatened, (Welf & serIOUS and substantlal phYSIcal harm to another. Inst. Code SectIon 5300 For persons committed pursuant to SectIon 5300, there are prescribed placement, (Welt & lnst. Code treatment, and supervlslon reqUIrements. . Sectlon 5305.) However, these provlslons prOVIde no rellef to the ma]Orlty of dIscharged mentally dIsordered patlents who are not commlttable, but who cannot effectIvely safeguard theIr own phySical and economic Interests. . 71 . . The rationale for the New Jersey Supreme Court's decIsion rested on what It considered to be the respons1bl11ty of the state under the parens patriae authorIty. Although the state does not have the authorIty to continue the legal commItment of the appellants, It IS not requlred to cast them adrlft Into the communIty when the IndIvlduals are Incapable of survIval on thelr own In a proper exerCISe of Its par~n~ patrlae authorIty, It may therefore of necessIty contInue the confInement of such persons on a provISIonal or condItIonal basIs to protect theIr essentIal well-beIng) pendIng efforts to foster the placement of these . IndiVIduals In proper supportIve . settings outSIde the lnstltutlon. In . re 9om~~tment of S L.) 94 N J 462 A.2d 1252, 1258 (1983) The Arlzona LegIslature has taken an InnovatIve approach In attemptIng to solve the dIlemma of confInement versus 128, . leavlng wlthout a mentally dlsabled person on the streets to wander a home or treatment alternatlve. SectIon 36-540 of . the ArIzona Mental Health Services Act permits mentally ill patients to be ordered lnto mandatory outpatIent programs as an alternative to Instltutionallzatlon or no treatment at all. 72 . FollowIng a hearIng an IndlVldual can be ordered into an outpatIent program for periods up to one (1) year. FaIlure to comply wIth mandatory outpatlent treatment may result in the person beIng commItted to an InstitutIon. In additIon to Arlzona, a number of other states have implemented mandatory . outpatlent treatment programs. There IS a move toward statutory provIsIon for compulsory outpatIent treatment; about 20 states now permIt a court to order outpatIent treatment In place of hOspItalIzatIon for patients In the CIVIl commItment process OutpatIent commltment has been successful In the DIstrIct of ColumbIa, and reports are avaIlable on Its use In North Carolina. But In general It IS an untapped potentIal for dealIng wlth the chronIcally mentally 111 who are reluctant to seek treatment AmerIcan Psychlatrlc ASsoclatlon, The Homeless Mentally Il~ 267 (1984). Of unquestIonable importance In these legIslatIve schemes IS that mandatory outpatlent programs are unworkable unless faCllltles and vlable treatment programs exist. The approach utIlIzed by mental health profeSSIonals, the legIslature, and courts should reflect a willlngness to . . . . . . 73 . . utilize nontradltlonal treatment approaches in deallng with the homeless mentally III Our work has shown that tradItIonal mental health treatment approaches usually are not affectlve (SlC) In reaching out to or treatlng the homeless chronIcally mentally 111. Our 1nItial thrust In the Los Angeles SkId Row Mental Health ProJect was based on tradItIonal mental health treatment approaches and dId not prove effectIve. As the tradltional approaches were abandoned and new and unIque methods of outreach and asslstance were developed, the program . . . became lncreasIngly successful. Farrt . The Los angeles S~ld Row Mental Health Program, Los Angeles County Dept. of Mental Health 15 (1983), Unless and untIl the Callforola legislature beglns to examIne alternatlves to the present state mental hospItal . commItment/dIscharge scheme under the LPS Actt mentally . dIsabled Indlvlduals WIll contlnue to swell the ranks of the homeless. "AnalysIs of the problem of homelessness (of the mentally dIsordered) shows the inadequacies of a conventlonal 'servlce' approach and suggests that 'therapeutlc' and everyday 'survlval' needs must be ccnsl.dered simultaneously. " . 74 . InstItute for SocIal Welfare Research, prIvate Llves/PubllC Places: Homeless Adults on the Streets of New York CIty 5 (1981). What 1S needed 1S continued protectIve institutlonalizatlon pendIng beneflclal community placement coupled w1th some form of mandatory Qutpatlent placement/treatment scheme such as the one belng utll1zed In ArIzona. . However, before any legIslation IS drafted Whlch 1S modeled after the New Jersey cont1nued protect1ve InstltutIonallzatlon plan or the ArIzona mandatory outpatIent t~eatment program] careful reVIew and conslderatlon should be gIven to potentlal Infrlngement of patIents' CIVll rlghts. It appears that contlnued protective Institutlonallzatlon pendlng benefIcIal communIty placement 15 vIable only where there are adequate numbers of communlty placement faCIlitIes and when placement reVIew hearIngs are scheduled at more frequent . . Intervals than every 60 days as Jersey plan. WIthout these mentally dIsordered patIents eXlsts under the present New protectIons many dlschargable mlght otherwise langUIsh for . months In state mental hOspItals. The Arizona mandatory outpatIent program permIts Involuntary commItment WIthout prior ]udiclal reView of a pat1ent who IS determIned to be In non-complIance WIth the terms of a mandatory outpatIent order. It would appear that before a patIent's status can be changed from outpatlent to Involuntary comm1tment to a psychlatrlc faClllty, some form of . . 75 . ]ud,eial or adm,n,strat,ve he.r,ng be held prior to, or w,th,n a short perIod of tlme subsequent to, commltment. . . . . . . 76 . VII. CONCLUSION AND RECOMMENDATIONS There may be a message In the 34 year-old Chlcago man who was kllled recently when the out-of-order trash compacter 1n whlch he had been sleepIng for weeks was mended wlthout hIS knowIng It and the man, havIng conceIved of hlmself as an ally of refuse anD havIng been for all practlcal purposes refuse, flnally became refuse and was compacted But .... If there 1S a message, I'm not sure that I want to know what It IS. . Ebenezer Hob " Con f e s S 1 0 n s .' WashingtonIan Magazine, July 1978 The ultImate fate of refusE' IS to be dIscarded Placed In garbage cans, dumpsters, and dump trucks. Flnally to be . bulldozed over and burled in the wasteland of InanImate obJects, the dump Trash, refuse, waste, and garbage, a preCIse and pure leXIcon of uselessness. . Homeless IndIViduals across the country are belng increaSIngly subjected to a pervaSive Involuntary metamorphoSIS Labeled and characterIzed not In human animate . termsJ the homeless have been transformed tnto human refuse As WIth Inanlmate waste, the next stage once a dehumanIZIng characterlzatlon 1S affIxed, IS to discard. ThIS . ever-grownlng tendency to dlscard and Ignore the homeless 77 . reflects a fundamental disregard for the value and dtgnity of individual human beings The cItizens of Santa MonIca must recognize that the homeless, whether In PalIsades Park, along the beach, or foragIng in the trash bins behInd grocery stores, are symptomatic of a natIonal crlSlS not attrlbutable to the POLICY of any present or past CIty admInIstratIon PublIC outcries "to rId our streets of vagrants, publIC InebrIates, panhandlers, and tranSIents" generate fear rather than understandIng and are generally unresponslve to the problem confrontlng Our communlty . State, County and muniCIpal governments are at a crossroad' [E]lther they recognlze the urgency . and magnItude of contemporary homelessness and take ImmedIate remedIal and preventIve action, or, . lIke the CircumlocutIon OffIce memorlallzed by Charles DIckens In L 1 t t1 e Do r r 1 t (1 8 5 7 ) J de v 0 t e " h a 1 f a . score of boards, half a bushel of mlnutes, several sacks of offICial memoranda, and a family-vault full of . ungrammatIcal correspondence" to further study of the problem.~/ . ~/ Community SerVIce Society of New York, One Y~ar ~ater' The Homeless Poor In New York CIty, 1982) 5S (1982) 78 . . Homelessness is a natIonal disgrace. It wIll continue to be a harsh remlnder to all AmerIcans that the underside of apparent economic prosperlty is manifested in suffering and degradatlon for a slgnlflcant and growIng number of our clt1zens, As thIS report IndIcates, the homeless problem can only be successfully addressed outsIde the crlmlnal JustIce system. In orde[ to address the Clty's homeless problem, the CIty Attorney recommends actIon 10 the fOllowIng areas. 1 ConsIder the establIshment of a one year law enforcement/servIce pIlot program whIch would authorIze the creatIon of two (2) addItIonal posltlons 1n the PolIce Department conslsting of two (2) pollce offIcers and two (2) CIty cIVlllan posItlons In a department such as the Communlty and Nelghborhood SerVlces Dlvlslon deSIgnated as communIty CflS1S Intervent10n offlcers speclally tralned and experIenced with the homeless and publlc lnebrlates. These posltIons would be used to form two (21 crlS1S InterventIon teams comprIsed of one (1) pollce offlcer and one (1) communlty crlS1S Ioterveotlon offlcer These teams would have primary responslbllty for the follOWIng: (a) Make approprlate referrals and transport lf necessary homeless mentally dlsordered persons, and publlC Inebrlates, to prlvate or publlC sector shelters, detoxlflcatlon centers or other deSIgnated faCIlItles. lb) When necessary, take lndlvlduals lnto custody for comm1ttment under the LPS Act Sectlon 5150 . . . . 79 . (e) Develop a workIng knowledge and relatlonshlp of, and with} indivIduals and groups who comprise the homeless, publlC InebrIates, and mentally d1sordered street populatIon In the CIty of Santa MonIca. Cd) CommunIcate and cooperate with community for the . organlzatlons wIth establIshed serVlce programs homeless, mentally dIsordered, and publIc InebrIates. (e) SubmIt perIodIC statIstIcal reports to the Santa MonIca Clty CouncIl 2. ConSIder the City establIshIng a drop-In center for . the homeless 3 Seek state legIslatIon In the follOWIng areas: a LegIslatIon SImIlar to on sectIons of the ArIzona Mental Health Act reqUIrIng mandatory outpatIent treatment and placement of mentally dIsordered Indlvlduals who are not commIttable under the LPS Act but who are unable to lIve independently without some level of ald or supervis10n b Leg1slatIon reqUirIng a mandator,y determInatlon to be made prlor to dIscharge of a mentally olsordered person from a state hOspItal as to whether the InoIvIdual is able to surVIve In the communlty Independently; otherWIse the person shall be placed In an approprIate outpatJent faClllty. c In draftIng any leglslatlon related to mandatory outpatIent treatment or pre-dIscharge placement determInat1ons1 careful conSIderatIon should be gIven to the . . . . . 80 . . nature and frequency of judicIal reVlew In order to avoId potentlal due process vIolations. d. The LegIslature approprlate sufficient state funds for establIshment of shelters and communlty care faellltles for mandatory placement of mentally dlsordered homeless Indlviduals and establIshment of the mandatory pre-dIscharge communlty placement deterffilnatlon program. 4. The CIty Manager should consider deslgnating a staff member to serve as a l1alson responsIble for actIvely Interact1ng 1n the Los County Department of Mental Health's Coastal regIonal and dlstrlct mental health annual plannIng process. ThIS would, at a m1nImum, ensure that the speclflc mental health needs of the Clty of Santa MonIca are systematlcally formulated (publIC hearIngs held by the Councll) and presented In wrItten form to approprlate County offICIals to be conSIdered for lnclusIon In the annual Los Angeles County Mental Health Plan 5. ConSIderatIon should be gIven to brlnglng Iltlgatlon agaInst the the County of Los Angeles to comply wlth SectIon 17000 of the Welfare and Institutions Code by provldlng IndIgent homeless resIdents necessary emergency shelter on the Westslde At the present tlme the County contracts wlth three (3) motel/hotels on the WestsIde to prOVIde emergency shelter. There are generally only SIX (6) avallable vacancies on any given nIght In these faCIlItIes. Once these establishments are full, homeless people are gIven the optIon of alternatIve . . . . . 81 . shelter (If ava1lable) at hotels in and around the Skid Row sectlon of downtown Los Angeles. As a general rule, a slgnlflcant number of homeless people prefer sleepIng outside 1n Santa MonIca rather than travelIng a great dIstance to a skId row hotel where they fear for thelr physical safety. ThlS 15 especIally true in the cases of homeless women and fam1l1es. Because of the faIlure of the County to prov1de weanlngful shelter in the WestsIde area, the CIty of Santa MonIca has been forced to expend sIgn1flcant publIC resources In dealIng With the homeless. . 6 Seek state leglslatlon to drop-in centers, the current and provlde funds for and mental health future needs of the emergency faCIlItIes shelters, to meet . homeless populatIon of CalIfornIa. 7 Conslder commencIng lItIgatIon agaInst the County WIth respect to Its fallure to prOVIde treatment to gravely dIsabled Indlvlduals 1n the communlty. 8 CIty staff should conSIder prepare a report on the feaSlbl11ty of establlShJng a Clty sponsored day labor program for homeless IndIVIduals. The support of the bUSIness communIty should also be explored WIth respect to prOVIdIng job opportunItIes for the employable segment of the homeless populatlon. 9. CIty staff should conSIder workIng WIth communlty groups or agenCIes to expand the shelter avallable to homele~5 persons . . . . 82 . 10. City staff should consider preparIng a report for the CIty CounCIl wIthIn 90 days of the date of thIS report as tc the feaSlblllty of establlshlng a CIty sponsored (by the CIty or In conjunctlon WIth other cItIes), JOInt CIty/communIty agency sponsored, or communlty agency sponsored comprehensIve day treatment mental health center. Such a center would serve as a model communIty alternatIve for mentally dIsordered homeless persons Addltlonally, 10 the event mandatory outpatIent treatment legIslatIon IS enacted, centers of thiS type could serve as one form of supervIsed treatment center. 11 CIty Staff should consIder optIons related to eIther extendIng the hours eXIstIng publIC restroom faCIlItIes are openJ or expand1ng these or alternatIve faCIlItIes In . order to reduce cases of public defecation and urlnatlon . PREPARED BY: Robert M Myers, CIty Attorney Raymond F Correia, Deputy CIty Attorney DeSIgnate . . . 83 . . . . . . . . . . . . APFEHI)I/ I . . . . . . . Santa Monica Evening Outlook November 22, 1984 Polic.e sweep park, arrest 10 for drugs . Culmmatmg a recent m~estlga" lion mto drug RJhng In Santa Monica's oceanfront Pahsades Park. pollee have conducted I 1hree-boQr raid of the park, arrestmg 10 people on felony narcohcs charges FIve of the suspects, who ranged In age from 14 to 34, dmmed fA) be transIents, Santa Momca Police Sgt Walter Hard sald Wednesday The suspects were booked 011 charles of Rlhng manJWUla and/or cocame Tbe pollee investlgatJon, -dabbed the 'PalISades Park OperatlOO," In- volved more thaIl 15 offlcers from the police department's Special En- forcement Dlvis101l, Cnrne Impact Team and footbeat patrol The art"ellts wene ~ betweell S P rn and 6 P m Wednesday after- IIOOn Ul a one-bIock secbOCl of (be park An undJscJ08ed amomlt oJ C>>- aine and marijuana was COD- bleated as eVldence: In recent rnotI.t.bs, PaJJsades Park bad started to become . well-tnown 'POt to ~ll .. buy drugs, Jlolu~ .....d "It wu beconunc II place to 10 And that's why we declded to take steps to prevent It rrom becornm& such A place," said Hard. who was the SUpervlSlDl otfleer of the opera- bon "Tbe PalISades Park area bas been a controversial area In regards to pollce enforcement I really thank we've tak.en a major step m regards .. keepmg the park . ,ood place for . . . dtJ.Zens to VlSlt,'J Jtani tdded Police Rid the ~ were Gerald H James, It, transumL Cla)'ton WillIams. ... transient, MItchell Harris, 24. tranaent, Hec- tor Luna, M, tranlient, Daniel DeUm. 27. of Hollywood, MIchael Load, 21, of Los Anceles, Micbael MeIghan, 26, of Arleta. Charles Miles, %4, orSanta Monica and SheIla Wolfe, 11, transient 'Ibe tenth SUJpect WIS a female] 4- year-old Sallta Monica reSident whose name was witbbeld because of her age The teen-acer reportedly lias . record of pnwtltutiaD. police Slid "BasIcally, .n of tbe8e people we.re mdependent d.roC dealers that were jut plain infesting tbe park Tbe}' were constAntly there and were rudy to deal their irup to whom- ever walked up and WIIlted some," Hard AId Several of the suspects were book- <<I 011 other outRandmg cUrges. such as attempted burtJ,ary, police aa.ad The cases WIll be subnutted to the CouDty Dmnct AUomey early next week Most of Ute ICtiYity tool: place dunn, tile day-tlJ1ae taeurs, be uld All bad allegedly IOld druas to UDdeT- cover pobce olficen operatmg m the park Not m recent Juston' has lbere e\'er been such a large drug bust at the park. be IWd -- . . . . . . ArFEt~;::'I'x' II - - . . . . . . . . , ... I II .. J .. I "1 . . . S(:I E'TI FI C l\1 ERI C~~ ~ Jut) 1984 I ,r.....hhc d I!(~ ~ Volume 2S] Number ] The Homelessness Problem Alany of (he homeless people wandering the streets of Amencan cines and cron ding /nto emergency shelters are-mentally III The-) IeqUJre adequate housJng and appropriate psychiatnc care - ~1 '-t" -\~e- ~a~, ....e.e homdes~ ,,< ... '''~e' thG.~ al ar\ H1'1e ,'~_e the Gre,,! De.reSSI01" ESll~a e' 0' tl-;t' ,';:C Of ....t '.ag'an' par u]a"o~ ".,.... ,,:::1- The 'alia"":.,," Coa htlor '", t-~ H0.,.e'es~ put~ :~e fig:.Jre ii' : . 'T i ",:'0- ,0' 1'/" an In~rease Of ~I'" "'" (' ,- the pre~edl'1g \ear The Federa' Dc ;-,,-'''''~'' or H{'LiSl'1!; and Lrt-d" Dc t:(I::'~er' Hl D' eslima'e~ thill on". ~~,. 'pli' 10 ~:-u (l1)ll are hOrr'e less '1a'<"~ Ice \l, hatr',er the number IS e'e'.(lre a;'::e, 11 's !;:rO\Llrg Pd" ... ...i,_1 .r. lr;e ra~l fi..e \ea"', gC"\ er';-c": ef" ,,', ".,d r"j',ale g'OUt~ In ;: "Ie' <\'oo.;-.:! 'h. .OLin'r\ ha\ e respond ed h Ote-..q: emergerc~ shellers 10 If'> to "neE' 1....:::: llT"ned;alf needs of the home'e~~ Bed~ Jr. Ihe~e shellers till as 1.001" as lhe\ be:ome a'allable and SI]lI or.I'. d fra~110:- 0' those In need are pro- \ Id~c foe Some 0; the res' sed. tern po'a", refuge e!se"'~ere for eumpJ: If hos,.tah bu: moS" probabl) fend fo' :....e...se'.e~ or l~e stree:s huddlmg If doo."'a\s O. 0' e" sub"'a\ \entlla uo~, ged'b V. ~E'"Ilhe .... eathe' 1 urns cold some die ....tl"i'gf';. Lr. 'e '" 'oek ell\ 18 publ1c s.helre'~ hC'..~c SOT"\E of t~e thousands of men 4n.: '" (l",cr '" ~O roam Ihe stree's during the jd' 11'"1 0' Ihe~e shelters did nOl UlSl ....do.e I 91l.(1 Pn\ ale grours In 'e... ... ori. hil\e aho slepped up thelI efforts In 19!1: 10 chl.lrches offered a Iota' of 11 'l, beds 10 homeless people b, !.he end of 19h3 t~: churches and 1.\0 n ilgogues ....ere p"o,]dmg a lotal of 650 b(:!s In nO shellers In Boston 1"'0 large !.h~llet~ re~enth doubled melT capaCll, ....e..n:heless on a sno....} nlihl I1l Jan- u&:\ Bo~ton 5 IUlesl shelter the Pane S:ree! Inn reported a record number of lan', the; 50 beds 'i.>ere filled, as al. "il\~ ilnd ~6- people cro...ded onlo the Inr \ "'oue cemenl Boors by Ellen L Bassuk v'oo are these people~ Lnforlunateh there are no reliable natlonoil da:a on the homeles~ e\ en thoug~ the\ ha\ e al.... a, s beer numerous lP "\merlcan cllles An eedotal e\ .dence suggests thi.' In the decades before 1970 most of the home- less... ere unattached middle-aged alco- hok men-Ihe denizens of S~ld Ro.... Sm~e about 19:0 lhe population ap' pean 10 ha\e been gelllng progreSSl\e h }- ounger Moreo...er the sparse liter, ature on the subjeCl and m} Ol,l.n e~pt'- nence as a pS\oChli.lTIst "'orAlng "'Ith homeless people m Boston leads me to behCH a more Important change has taken place an mcreaslng number-] would sa} a large maJont}~r the homeless suffer from menIal Jllnes5 rangmg from schizophrenia to severe prrsonall1} disorders A' a time v.hen the actcpted solulIon Il. 10 the homelessness problem IS to establish more shelters, thiS findIng has dill urbmg I111pbcatlons Shelters are In- valuable the} save lives The trouble IS that man} shelters do httle more and the mental!} III need more than JUSI a meal and prolectlon from the elements Those ...hose disorders arc treatable or al least manageable requU'e appropn- ale pSj'chlalrlc care, v.hlch ftle) do not 8el at shelters The chronlcall, disabled people \I;ho '\Ir'111 never be able to care for themselves deserve better than to spend their lives bellIng on the streets and sleepmg on arm) cots an armnasl' urns Shelters have been saddled With the unposslble task of rcplaelnS nol onl, the almshouses of the pasl bUI also the IUle state mental mstltuUoru Al thIS task. the} must U\evltabl, fall, and thus .\Jnencan society hu fa1led In Its moral rnpoJUlbtluy to care for III weakest members The stalement thaI a majont)' of the '0 homeless arc mentall} III does not Jr. Itself expl.1.1n wh, theH number IS gro.... mg or ",h) a parlleular mdl'Jdual )oms therr ran~s Wllhout reliable data II 15 dlfficull 10 ans'\lrer the firSI question bUI se"cral faclors ma) h.....e conlTlbuted 10 the recent s.....elhng of the homeless pop- ulation The most obVIOUS one I~ the re- 1 c c h .' II II C . } C r L t ~ -:-: > '1'."; ~i""'~ ~::..., ~-~ .~ .,;.... 0..". :..;~ ~ _., :... -9- :.~_~..: ~\. -;*'-~r"" _ _. - . " ~ ~, . >.: ..~ r: .... . ~ ."0'" - ~. ". T' ~ ... . ' - <50 80MELE.S6 PEOI'LI: sI., ill .. _., ill N_ l'n 017 "". ._be rlI ~.e1_ r -.0' In ,0'" I Jom~ a II H n but led w , pop hr It' 1 cession Unemployment reached a pn," of W 7 perccnl III Novcmbc:r. 1982. ,u hllhcsl le,,'cl Smce me 19)O'i Some of those who lost thCll" JOb~ and lDl;omes uadoubledJ} ]OSI lhelJ' homu as 'Io'ell TM eBecu of unemplo)'menl are III knslmd b) another problem the dearth of lov. -':OSI housing According to an analysIs of the Federal Government's Annual Housing Surv!:) b) the Lo\\, In- come HouslI\.lnJormallon ServICe. the number of renter households With In- comc~ beloY> S3,OOO per year dropped b) .boUI 46 percenl from 5 8 to 2 i mIllion brtVreen 1970 and 1980, at the s.am~ lime h"...ever the number ofren! .r unJl~ .\a,l..t>k to the~e hou~ehoid, 81 '<.' ~rcenl 01 thelI In.ome fell b~ "0 perct'l' from an eSlIrnaled 5 llO aooul I: mIl!lo'" (e).cJud'ng d\l.e1imgs for ...hlcn no ca~h ren1 Y>a~ paldl A~ the "housing gar "'ldened the medlar> ren! paId b) households m the lo\\,c;: In- come bracLe1 rose from S "!: a month 1n 1970 10 ll"9 a month In 1980 That worJ..s out to 72 ~rcenl of an an nual income of ~},OOO and lea"e~ S ~ I a monlh to cmer all other household needs A (amd~ devoting suc-h a large IractlOT' of 1l~ in;;ome to tent IS in a prf caTlou~ poSH/on It ma) e&nl~ tit d'5- lodged t>} a drop m ItS income or b, a furthcr use In m u.~nr.c~ t..:nemplo\ menl and the lack of ]0\1--.:051 houung eeems nor unreasonable 10 mfe" tha: Ihe Iou of dlsablllly beneflt~ redu:ed IOme people to nol being able 10 pa) for Iht 11 housmg help to account (or the lft~asU1g nurn ber of home1eu. families (ti opposed to indiVIduals), whIch once were Tate Recent cuti In lovernment benefil ,.ymenu ma) also have thrown some people onto the Jtreeu, althouJh the eVl- Far mort IInponanl ho""tver, m J1~ cknce u werentllI One of lhe Federal ampact on the homeless populallon Government'. most controversial mus- has been the long-term changt In the ures m thl$ area has been Its elorl to Datlool1 poh!;). for dtalm& "'lth thr reform the SocIal SeCUTlt) DISllbdu} In- IMntaU) ill A hult mort than ~O ~ tan ..... IUf&nCf proaram, WhIch In 1983 pro. aiD sUCe and count) mCnIal mstllU1\ons yuied monthl> beneflu 10 a total of 3 8 _,an re.1~asUlg largt numben of pa million dlS&bled worlen and theU' de. henls, man) of whom suffercd from pendenls To recelVC payments a worl.. Kvere sllne~sts The . deInSlllut!or,all er must be ph)'$lt.all)i or mentall) una- Ullon" movement follo'ol,ed the ....Ide ble TO perform &11) land of "lJ.lbuanllal _-sprud mtrodw:IIOTl /1l the )950 ~ or r,\ lam!ul wor..... tor whIch he IS Quail choaCtlH drug~. "'hlCh seemed 10 offt; fied rtsardleu of whether $uch wor. 15 the posslblhl, or rehabllllalln~ PS\ChOl 1"'aIJable where he IIvts FolloY> mg a re It peoplc wlthm a comm U1)]' \ sttllng porI bj the General Accounung Office under bellef 11\ In!; ,ondJ(lOn~ and \Lllh thaI ar. man; IS 20 percent of the benefi- peater respect for thelT t1\ 11 T1ghl~ It CJiTlesmlght bt U'lthSlble under the la.... was also though' the' COmMUTlIl. men the Reagan Adma.lstTut!on launched a tal health' Ipproach ....ould bt" cheaper "cnd.down on U'I~hglblht)" U\ March, than operallngq.rge ~lale hosfltah The 1981 &rwetn 150,000 and 200.000 movement ....as launched In 19t.'1. ",hen people 1051 theU' benefi~ before em Ad ConJfess passed- a Jay, promlsmg Feder muustratlon halted Its revlt'" Df the ~ fundmg for the: constTu~tton of com. beneflClaT) roUs Ul ApTI] , 1984. amid mUtIJl) menIal heallh cenlt'T.> chargcs thaI trul~ dIsabled people, Ul- [)emstltuuonahU[IO'1 .... as a well in- cluding some who ...cre too roenlaIl) tenhontd and perhar~ e.en enhthtened dISabled '0 respond to !ermmahon no- reform, but Jt has no. pTocetded accord- tlces, had been Slnd..en trom the rolls mg to the ongmal plan The firsl step has Agam. I lacL of daul maLtS It unpoSSI- been accomplished the paucnt popula- ble to dra.. dtfmue conduslons. but It lion at stale and count} menIal hosplJals ~:.: .. PrO" o"er tIl~ past ft.. )ran lo~en.~'" """'tt pM,. lUau rapoadlld II) pro..~ t"qfar)" DI'Ileft. ~ "t 1M ... ret..r ~) .... .n I.... .aIt vi dtllof A.ttl... oI'~ all pu. dUa1nc l:M'r ... 0_ .. .. .tlt dlt .... of _., vi die tlolntla.. 41 -=--- IS nov. less lhan one fourth of ItS 1955 pea\.. le\e! of ~59,OOO B} and Jar,e ho....e\er the \anous le\els of &o\ern men! ha\e nOI tal.en the second step Ih, ~ ha., e not pro\ Ided enough places, sue" as half\l,H houses or group homes for dIscharged pallenl!. to go Other fac ton contributing 10 the problems of the S}Slem mclude lhe faCI lhat leVreT than half of the communll} mental heallh crnters ~eded to cover the entire t'S population have been bUilt moreover, e.1lI51lng cenlers often do not coord mate theIr act 1'. lUes with those of the lnSlltu ~ z Q ~ 8 [ 71 6: . ! rJ' ... ~ < z ir c: :z < . - . n l I ~l~ :~ ~ m' i H .1- I - ~ II I I'" ~ ,~ .. ' '.]~1-1 ~ :;(. 2r------4. I :::: z . A,....~, _.11~ '\.: :.I~ 19~: 'Ole;.: 19-C' 1ge: $3 0)-:)(- S4 9~; TS~O ,ga,: 55 000--$5 99;; 1lPO 198: S€ :x:Y.:-se 99~ 5'5:-S'''5 _~ss --.:..... $:: ~.J: "..~~~:--~ ~ES~ ..-:..... s-~ $~5-S.2: $'25-S'5: . SHORl ",G[ or -\ffORD-\BLE HOl SI'G ror rrnlrr hOlbrhokh "ITb loy, Incomes InTrll. ~ln!'ll In Ih, I ~-O. and probab" eontl'lbuu... 10 tbt Iro",ng bomrl~nfto!o problem Colored bl,.., md..II. lb. Dumb.r of trnlrt bo~rhold> III a par1lt'ular meom. "'111' 11'1I~ ban md.ca.r tbr numbrr or r.DUI UDII> 1'lIllllblr In a trnl ranlr rquallo 30 prrcrnl or tin Ineomr ...o,r .tc. II rf'oult of Infla',on lb. total numbrt or trnlrr ho~.bold, ...tb locom~ brio" S',OOO rrll holt, I) mlll.on 10 aboul 92 mltlloo brl" .rn 1970 and 1980 but lb. numbrr or UIIIl> 1'111- ablf a. rrnt> brio" 5 J -~ ClDcludlng utdlllf'" dropprd mllcb more.. rrom 179 million to 6 4 mll- hon \hn, hou,rbold, III 10".lneom. croups tbal fler IIIn a<<oMtablr botrSlnlllP I11l15t iprnd mo.. Ihan )() ptrcrnl or tbt.. Incomr on rrllt. Tlus IlIur.tntlon Ind lb. onr on thr oppCKllr pae. a.. ba.t"(! On hllmal.." pro' Klt'd b, tb. 10" Incomr HO~lnllorormltH)I' S.r'ler ..bleb anat'lre! data rrom tb. ern'll> and rroln tbt frdrl'1l1 Go.rmmrnf, Annual HO_llIC Suru~ . . . - z <; - - z =- '5 - z - - .. '0: 4) ..; . ';;'~. '91: 192: 193C ,94<: 195C 1960 '970 DEI'STlTt TIO' -,UZA no' of tbr mrnW" III illler tllr lilt 1'50', W r"ueft dlr i... plIl<.n' popllla..on I' statr and (OUIlt> m.ow h",p,ta'" "fC"I~' ahrtllltl'r ,olCl...e. .114 hralm.n. program' bl" nol bMn pro. Klrd III mln' communlha. ".D~ formrr ,.brn~ u ...H.. >omt 'ouocrr d~fUrbrd pf"Oph ..bo .rrr IIr.tt llOip.taJultd, ~a' 110" M 11011\.1-. . 4~ lions thai ate dlschargmg their patients The madequac\ or the care a\aJ:a~le to demSlllutlonallzed pallent~ IS slIgge~l ed b} the large Increases since Ihr caTh 1%0 s an the rate of admiSSion!. 10 s'a'~ menial hospItals and b} the fa.t thdl a Browlng maJOTlI) of admllled p311en!\ ha...e been hospitalized ~fore The drop an the resIdent populallon of the IflstllL' lions IS accounled lor b) shorIer a\l~r age stays Youn,cr II] people 'l.ho mlgh: ha\ e been JnsUJutlonahzed 15 \eaTS ago nov. recel\'c only brief and episodIC care One major reason IS thaI the COurls hhe deCided only those among th~ mentalh il] v.ho are dangerous 10 them sehes or.1O olhers ma\ be COrT'J'T"'1<.:I In\OIUnlard} In the at>sen~e oi <t!Te'~" tl\'es 10 the InSlltulJon!. respe.l for lhe Cl\11 T1ght~ of the disturbed somet-m[' I conflJ':ls 'I. Itl- the go,; of r'" J:'~ f ~ them v..lh humane trealmer" a..,j <I" '<1m ChTonJealh dlS'UTOrC pef';,h <I-r ~r 1 OLl m[o Ihe comm~"l1'. o(\e- 10 err;rli lrlt'S In smgle TOO~'C>.':u,..:;"'.- hotels and Sl.ld Rov. rocn-.I"\: no. se, \!, ItM the grov.mg una.. alla!-I;';~' 0: e\"~, the~e housmg Optlons man\ of (h~ peo pIe end up or Ihe stree:s 1V8C Thu!. 11 should no' roe surpTl5l"g '(' 'l"!-j Iha, a slgmficant fTa.;:lIon oi she: te- reSidents are mental]; III In f..~, a ell"!, cal stud~ I deSIgned an.:! ImrleMe'11e:! lasl }ear found at a shelte- Ir B0,IO., a 9li per.enl inCidence of dlagno5at-.le menIal Illness ps:-choses chTOT'" al coholJsm and character dlsoTders Tht sheller selecled for the slud\ II.hl.:h ..0:1; under the dJreCllon of "h~on LWT;1!' of the \Ias!.a.:husem o\s~oelallor- fO' \1:;., tal Health and Paul 'fcGeTlgif of the Cnlled Communlt\ Planning Corpora lion '" as conSidered demograrh,; <!.'" representall't of Boston-area ~helters The demographiC data afe therrse[-.e~ tnlereStlng Men outnumbered ,",omen ~j fou' to One ahhough the n urr.l'>eT of \l,omen al BoslOn shelters seens to be mcreasmg The medlar' age v...' lJ and apparenlh de;rl'aslng Onf third of the guests v. ere e IIheT recent an:.. al> or onl) occaSIOnal users of Ihe sheller \l..hereas the other tv.o-thlrds had be~n 5ta\Jng In sheJlen for more thdn sn months Some 10 percen' had bee~ OT' Ihe Slreers and In shellen (or ..,ore Indn IV. 0 j eaT!. Mj .:olJeagues (elghl p5\dllarr'S[S pSHhologl!.IS and !.ocla! v.ori-en' aTld I Inler\ le....ed '78luesIS al Ihe she lie" (l\ er the COUlSe of five nights We dlai;.,o~~d ~o percent as suffering fron- some forIT: of ps)choSIS . aeneTlc Ierm for ma lor mentallllnuses ",hose \ICIlms haOle dlfficull} dl$l1ngulshlng euerna' rea!- I) from thell' o',l,n thoughu and fee! Inis The ps}choses mclude some md~ IC and depreSSI\e statt!. and some O' ,anlc bral1l i)-ndromes bur most 0' 11'1, psychOllcS al the sheller 10' ere seM 1(1 phrenic Often SIlDJe.' [0 delu!.lom a-; , \ ... z a: ~ i: ~ Z "II o 10.< ~ \.1 I' , h, IT Ii Y, a t f~ h, IT , T s, Ir SlO d hl st ) h. ce I'll ce to , . j gL L ro he ...t I.~ r< , h" \ J~ 10( no ter \0 10 . fee , lh. Io'e ---- -- 1 ~" I \ 1 .,..oc J ... % ... w \ ... ~ ~ I c , S s : 1". '.' " ......1 .. ~ .~ 01" .' 01 r ~.... r{';- ~ ~ I \.' .. 'f~' -.. -. ,- , j ._~ ..' ,,'. ... "' ~' ~t;"- ,J {' ~i-': ....:- ,... -1_,.... ....: ('~ C'- '-~o"" ... J ... d. ~ T' . h ","CO I" C' .- ,f I'lL rcy" I." j' le........ (1 t"' :,ri.. .... .' T" I" :21.... ;J ,['I"li;: - -. ~.d ... e1'er be.r 'AS" "('Ir tr.,,- fu..1"- ~.,~ I (), e"" ~d "T' n-" h" ( -t'd' [ee "'T'.:::'" : (1r .r... 112C' ard OG- '2": "'9E.. . L L . a..." ......._ ....E;: -: -..."'..... 5:- :.:- 's-: 198, 5: J~: - S~ 9~~ '9~: 198. S""OO':-$; 999 1.....: :-p~ -0-G '96: '9~_ S2C OOC-S21. 99= S3: ::J" - $.Il= 9~= I I I 1 -\ i I ! '. t -\ '11- I)] ...' RI '1 p..O t>' 1(''' ,n. om. hou,thold. JIlrrta,f'<! be.... fer lC)~1 and 19~1' a' dIll lb. Ira",on of 'Ilrom' tht' IIt'O'", 10 renl Ir,,(,,"d .td"f,J Th. 198(1 fillltC'" mlllraH lhal th. hou.thoIO' ",Ih ~"htr .nrDnU Itntnll\ tptl'ld a tll\.Utr frarhon 01 'I 011 hou.mll- \ ~ r,:; ,. .. t-r. h.. .:t-r ~'I---...-':' [. A. ..3: \~c- ~..: r.::~ ~ 0........ 'I-It a 1~~;' ~~',,:: ).... ,"- C\t'PtT'J";" f'>..e."""'-:- :.. \\ ~~_ L-~ .....c. :.. to- ",. "..: t-.~ v.. i: ',;..~!i- ~ a .....,:...-- --- ..... ~ '"'t. ~ a ,....~ Ir-.;::: f1{;:" '...... -\ _... ;.....r~ i"___ I.. ~.: l-.... \...:1'" k.;,t.~ - r c'" tP-:1" r.("G,':~C""'.~ }T" D~-'~:(~l ...... '" (1.+'1 t G'rl~ Pu' lj;....n f~ T..-.:. ~(" . I~ :... .:. -,(,. .: a.;r-............: ;-..- Co' ,.'-,lC';-- .-. ,,-: r-" ~d' r0':- ',; "'~ _ a'" ......L.1 . -' !("- fC''' lr,~ cru'''!'''-';-:,d.'.'' ]!"'"I dr".. (0' .1.--_ ...L,.... If- ,,"fa"'-~ s.~.:( bt:''''':f ...~~__:-- :. ,.....:-'~ 'rd~ !.....r- 1.('.0-... iD;c- ... L,': --C - .-- ':li--'.-:':;:-:: a'i: or tr--t. C''''; ...... -C'o-~ ..;...{ ~d;;' hlrro. ht. ,,:; _. _ ,,' . "'.:: 1 C' lre~rd~~:nf lr, .. .. 'T. 'c" '". '-" r; 'l, V. 01' b\ m~ 1'1 ,,10rr'" ~ _: r--, C ..,.: (' ~ H e ~..,. he r l r. "d f.. 'TC'- SFl'l\~ .... h0 spe<i~ i- ...... ,...... C'..J~ '.-. ~;-- ,de-..... 1~ ~'0' 0;"" jl- \ea' 0': sl-)e'lr' ... j'" ie"'''' ~1Ti. ....~ ~L.. n\" it"~' trd~~- iit ....:::.a;""'1t r''''. :h0\1.. hl \ko" fi. '" .: I" a-.I LE..~J; .('!je~~ H, v.d' ....,,~l'dilze: ~-'e~ j.... d ~'a~( ln~'.'~I.J~l{l~ . h("( he "'<l' f er al"t~r'\ .T1(,'l. mea .<111('- t'J ,,'-'cr ...., ~av- r.,,- he "d' ""\orf'\ Ln,; ~r .rl,..c11"f1.EP1' For c \l.....il.;, d.fle" hI' C'~::r.d-~l h,' "i('llhe" ~.lTed fco' hll"" c,er'-'..," hC'l,le' cr she NC..... I('IC' jcprt~~~:: rC' "'~: f.JC Fngh'cne: ..Td l('~ ~C'-; ;,e:: Ie' ;;<ift [or hITl"~:" he n('\ V.olr,jc-' 1h. stretl~ b'o dol' mu' le"I~'~ on.C'l-:c"ent", an~ re~pond'n~ IC" \(lO.C' h" dIN:C hedr, ...: nl~h: ht' goo 1C''' ~he"c' \l.here Ihe Sla" are 100 r-uS\ kC:l1"i; ,,~: .Iolhm~ peorit 1(' de\OI" IheTl"sc',C' I(' md '.,dua' proble"Tl~ \i"r, of Ihe pcork \/of mler'lc""ed- v.t' e~:'ma\e~ :.,. per.en:-v.cre chronl;; I j 1,,11\ III Famlh a": jT;cn::' I;'C'" C">' hdu~ted or 101." II-)c a....'.". IC n..;- {', C' burdened sO~la: '" ort..e" "-'d' h it'~' re spon~l\e the homele~' Ihcr,,",o m.., Ix' unv.ll1ln~ ('IT una"le IC" ;;C'~~,'~;Cd'C thclr need" and to m,,~t ~,~c C'; If)" 'liP po", a..,,;]i:I~J( ~o..," -J rc';;Cf (\' the shelte1 resldcn" \l.C In'C" 1< '" [.: ~dij the\ hac n(' fa!""".. re]d'lC'n,"-:" "nj _, pereen' Sol': thc' hdJ ...e fTle'1d' e,er, v.llhm the sh(llCT "orrrr.,'rI"\ Those >Ahu had been hO>f,;,,;ized t-do"c for pS\Chlatrl:: rea~om IdbN.' (In[ thlrC of the gro' ir' rerC"lec r c- It'~' ~('I. :" eonld;;l more lhdr 1;[" per.cr.' or Ihc'T' hold neIther fnend' nN (,,-' .......0". '"'0 pereen; of all th( g\Jc~t~ ~"id tnt\ h,,;:: no reldtlonsI-)1, "" Ill" 01"'\ one C'" v. 1l~ ar'. "oCla~ tnS111UtlOn dlthc'l"gr. on; t' percent >Aor~ed Slead,l\ onl :: pcr cen: reccl\ed an\ ftndn.I'" d~'l;,I..f'\.C There IS usulllh no sm~i, ~I"",'l rc., "on [or an mdl' lOUd: ~ N.O'TIlr~ hom.:- le~~ nther hC'mdn~ne~' :' O:IC r ; '"Il r, flill stair:1' a l:fclon~ ~er>;;' or ~r"'"' dr,: mls~fd oppOTlUrllHe, th.. :: ul..'.'" ',('- of it arad ual dlstnt"Fl me ,,' irorT' ,\1:- porl1'e relatlo,.,~t-I\r' dnJ In'];' L]lI('n, \ final u.ample lllustT"t~' lhl p011" , ,J~ ..ear-old mdn v.hol"" I ~h,,:' C..11 j{,r,r>" M has \J',ed or thr StTCC" it'!':' ,n ~". "hchcrSc of Bostor, for [,,<,r \Cd" T.... \OUfl@esl of fouT "lklJr,~' W d I{'... L" mlddlc.c1d55 famtl\ Johnn, ~i'L--; ...,.,....,' of hi' adole5;;t'-,1 \ can 'n "r Ir': 'I J ;{'~ for the menta-II', Ttldrdt.C H.. r\......- bers v.ashl'''\l' dlshn gco'-; 1{, .'6", and loo~m~ fo,..."r>! to lh\. ,'5," ('1 I- mOlher and oldcr SIStC' \\ he;- ht 1 L,rr.- 16 he mo"cd bac~ home and 5rcn' 1~'-, >Aatchmg lele'>lSIOn anC pu"c'ro T ,.... il'.('~'C',' 0--;. ~'\C~"o;~ mdr, hold il t': C', lh SlT(CI' 01 BC'~IC'" for ;[; \Cd'. <iT'~ ;1).' m,,-\ homeles~ akohco'lC- h,,:: toeef In ..r;; ou1 or hO~['~ldh dew'" Lr.:a"lC'''' .:erle"~ 31",d ,\a-P-IC"U'i.. treaT-'n''''' P"O~'G"T'" h the Fi:~' \Car hE Mil.: mddc ~"c" ~~', .:c a';cr"'if" 61": ht h".:: rc.c-'" t>ecn uealee [N p...tlm('-,"'\ luN:r;; :.lie"" l...b(\u' ~( perCef'\l of the 51u:: Ere"J, repo"(t': se'10:':~ ph SIC'" PTOtJ( 'T\> tn.;:Jdl"l~ hear dlseolsC dn: Cdr~C' 11"I addlllor, to thel- p,\~hojot I'::~' d;fF;~u:tJe5 1 Fmall\ at>C'Lll: I per ecr-' ~i,ffce:: (TOrT' pt"son,,"~\ d,~('I';;!C"' thol' mdde II hdTC for Ihem 10 forf'" dno rnal'1''''- Te;a';o!"ShlP or w hoi.: 01 lOt- ChrconlC menlall11nes~ c\ cr. ",her lll~ ~r" eTc eno.,gh tC' In-.pan ItK a~I'I" to runctlOr In ~OClel\ doc> no' t>\ Jtse~. cause homeles~nes~ an\ mo~e thar, un e",,\C'\ men1 doe~ For the g'ell' m.. IO~11'. of shelter Euest, lad of a homc l~ s\mrtomd'l. of IOIa1 dl~.onl"e~\lOr, frO'T ~uf,,0rli.e pec;-le and I"IS\lIUllN" Con1drr [or a momen1 v.ha: ...oule hdrrer I[ a CTlSI~ >A ere to Sln..e \ our Ide-If \OU ",ere tC" lose \OUr Jor sa\ or ;;onua:t <I Scel'lou~ Illnes~ \1os' 11..( l\ ~ou are iUrrOUfldt'd h fam,l\ and fTlend~ r\ C('l ",or~ers ant! e\cn b\ pro fes~lona' care1..~ers at \ aTlOU~ soe la' al!en..e~ v. ho~e helr \ou could call on ((' pre" en' 01 do'" n>A ard ~l1de 'Oll art: In s\lfed hOll' In the literal scnse of ha, In~ co- erdge agdlns' nnanClallos, oInd m the flt'urall,e sen~t' of ha,lnS a Tellable sur port nel.... (>rk To lal~ v. Ith homeless people IS 10 be s\ruc" t-\ ho'" alone moS1 o[ them are The Isolation IS mosl se\ Cfe [O~ the men . : . . . . . . . . . . . larden Ten years tater hu older suter dlcd suddcn!) and Johnn) had a Uner \Oous breaL.do-.n' He becamc lernfied of dYing he cTled constanll) and his though's became confused Because he ",as unable to care for hunself. he was m~oluntilnl) commltled 10 a Slate hos- Plldl, where he remained for the nUl rlJhI yurs He became \lcn allached to a social ",or"er ,,'hom he y.. t....lCe a wed. for therap) AJlhoulh the hospital had become Johnn)'s home hc \lo as discharged at thc hClghl of demslllUllonaJlutlon mto a smg'c room OCCUranC\ hO[el HIS fa Ihc' had dlc;:! hl~ mOlher "'a~ In a nur~- ang home .nd ne'lhcr hiS remalI'l:lg SIS leT nor hiS brolht" could afford 10 sup par' !- ." V. ilh'r ~,\ 1"'1on(h~ hc hdd lost con'..[ \l.ll~ the hosrll"" Johnnj ....as for.c: our of the hNt': ....hrn It ....a~ comcncd mlO .:ondomlOlum~ unable 10 1 -: " 'O('lf"" he ~oL.ld afford he r04m,':: the ~tree's fo- se\ eral months un;,' d- elde.l, ....OJT,a:- dnd her daugh leT IOO~ t m 10:0 lhelr roommg house \\ h.:r- Ihl d,:IUgh'e' died unnpeaedl ~ of d stroh Johnf'\ becaJTIc dep'essed r" r ;1-;' 1'1, o:hc" re:.ldent~ .....ere tr} In!; 1(\ h,,-1'J1 hITT and gre.... Increaslngl \ b<I"gL-c-.' H's landl"d} e.laed hlm "1''lC,,' -c~our.;:es or supports and .....11t: <I'" In,:rlcr'l ps,;:hosls he ended up h('lfT'('n' RC<'!;'led to ~Ireelllff;: he no..... ~pcr.;;' I"S dd\' .... alkm!; endlessl} for allng In dumpsters Occaslonall~ he col lects bollles. sells hiS blood for trans fUSion or taL.es paT! m medICal elpCTI' mcnts to maL.e pocLet mone,. Itchmg from hee, wearmg tatlered clothes and suffermg (rom cellullus of one teg he feels lud.~ thaI he can depend on an evenl1l& meal at the sheller and Ihal on mosl nights he has access to a bed Shelters help to l.eep Johnn~ M and hiS companions In misfortune all\e ThaI IS a shellcr's funcllon to pro. Ide food clolhmg and a bed AI a t~pll;a] sheller guesls Ime up outSide unlll the doors bpen In Ihe earh evenmg '\ secu T1t\ guard ched,s each persor. (or alee. ho] drugs and "'eapom l"oit'''' guest~ a-e also cheded for bee At some shellers \iOlunleers cook hot meals 011 others dm ner conslSls of sou~ sand....,ches and coffee Some guesls spend the e.enmg soc lahzmg and pla~ mg cards but most are 100 .....ear} or too detache;:! and go dlrecll~ to sleep The dormllon IS 1\p' Icall} a barren auditorIUm-size room ""lth ro"'s of cots or bed~ and one or I... 0 cTlbs Sometimes groups of 51), or more bed~ are separated b\ partItions Shelter guests usual!, ha\e fev. opportunJlles 10 ",ash dUTlng the da\ and so 011 nigh! the balhrooms at the sheller cire generall \ overcrov.ded B} 10 U(I p", the lights are lurned out and the ne:-.I mornmg the guesls are all.aL.enec! carl) gl\fn coffee and a doughnul and sent oul. e,en If [he lemperalure IS belov. zcro The atmosphere m a shelter IS some limes ..olallle and oecaslonalh \ lolenl fiahlserup[ thaI ha\e 10 be brolen up l--) the staff or the police On Ihe other hdn j the anonymlt) and IM'ISlblhl \ fO$lered b}- shellers IS comfortang 10 man\ of the luests who spend their da}~ as hlglJ]\ \iISlbl~ SOCial Dutcasls Sheller pro. Jden lr) 10 treal their gucsts with drgnll\ and respect aslang no quesllons and alldch ang no strangs 10 the heIr the \ offer Do IhC\ offer enough ~ In m \ \Ie... thn do 'hot Shelten .... ould toe the a- propTl21e solu:lon If Ihe homele~~ \l-e:L. simp!, the \ IClln'S of u"l~mplC'\ men I ,I' of disasters ~uch as flood, or tlre~ '\] thougr these factor~ undoubted!> ;:(\I' Itlbule to the problem the 0 er'ldl~; facl aboul the home]es> IS thai m')~t ,,'~ mentall~ disabled and ISOldld fr"IT 1"< supporl thai mlgh[ help 10 retnlcg."l< them Inlo sOClel\ \toTe6\~r mdn\ dr. chror'Ic.aIJ) pcrma'1enlh II] dnj .... ne\er be able to lI\e lJ'dependen:h Although \ arlOUS mno\ all' e moj program~ f)"lsl ancludl'1g onc sr0- sored b} SI ,"'meenl s HOSpll"~ IT' '\., " York Cll~ shetlen as a rule offer on mlnlmal medli:aJ ps)cho]ogJ_dl ar~ SOCial SeT\ICeS The\ are gencrall\ IIn derstaffed and ha\e re.... personnel ~P{' clficalh tramed to care for the se, er<.' I) dIsabled Because the~ are open onh JOK'" M. (a ~.udoa,..1 _. ... .. ~ Ihft. ..... .... \'1."" ii, III. amOl' H.. Hn ,_ m _I -aki.. to eMd ... a ...._ ...... (I"" a" ~.C for fiAaC1' to star! at ~. ....n.' on EMler s...." (",IIIJ. Trat" r. .. 1Uti~ for ~I ...wl, ,... 44 \ \ , , ,1 IfrH.. .Jcnl I' h ~T)d cnd flhL :'11, Jcr~ .snJ dol H. \,\. I oJ;- L r, (I' I ,\; p' j.- Orl :h. ; d" dr, ~I; j( '0~ 'I e "v. dnj LJr. r' .n " . DD ... at nl,l1l tM) cannOI offer the c:onllnu an, ~urror: and 5upcn I$lon that mil", c:hroO]~lIlh all people need People ...ho~ condlllon miaI'll Improve ...uk properl) lupen ued tr~almenl (for u ample the J 8 YCilr-old II udenl I men uoned abo"el do nol leI II at &he Ihel ters And II hardJ} needs sa)'lnl that shelTers are nol a humane solullon 10 the yroblem of pro' IdlllB a place to live for IliCse Vo'ho suffer from permanent men tI~ dlsablhlln The preCIse eUent 10 ",hlch menIal d!nes.ses are pre\ alent amofll; the home- leI; remdl"~ " ma'ie' of corlro<e's\ R.~en' ,!I'-I:,,: S;U':I~\ al shdlet~ In 1(1' ....ngde\ ~f'" ... or~ and Phlladelphld ~Upr(l'i IT'\ con1enllO'1 lha' a mal(lTI1\ of :h, hO'Tf:lS\ sure' f'olT pS,~h;d'rl' dlsorde-~ bu; other eS'I...,ates ha'oc put Ih, m:.::!,n:( of men'd' Illnes; amorf she lie' pOri.ild110n< as 10"- as ~n pe'cen' A;' IreSf slOJdlC, lnclu':ln~ ou' C''''f' ha,e beer !argel' des:np:I",e and h",e been pL:l~ueC to'. melh(\d(1lo~l::a' p'or. It:r-l~ DIj1eren.e~ In re~l.ih can be a' LTIt-uted 10 th~ dlffc<ollheo'e:I::,,1 b~", e~ 0' tt-e < a'lO," IT'\ fS~l~a'(lTS 10 the u~t C" dl1'f~ren~ "la'1d,,'dlz.d :.cale~ a; lhe baSI' fo' p<' chlatTl:: e\aluallon an': mos' (If al' t(llhe dltt.::iJh of oblaml"f a re"'e~ef't,,t'\e sa'11p'{ of a eon"td~:I. 5hlf:l'1f t'Or..d<itlor Ir a:ldlllon there IS no rea,,(\~ 10 e>. pc::' the characterls11::' of thc hC'meks' porulauor t(I be cor ".nl throuahoutlM countr) ....hen men LlI health pohcle~ and eCODom" condi- tIOns \'aq rfllOnall) Thc public debatc on homdeuncss would undoubtcdl) be enhlhlened b) more Tlaorous research miD the caus c' of thc problem It can .tread) be said ho...ever that at the ver} least 8 S1inlfi cant fraction of the people who frequent Ihellen have dlagno~ble menial dlStur banees Public SEn.nts of all Jdeoloiles ha\ e falled to recognize the unplica lions of thl~ facI Man, polllleal con ~er<all\fs seerr. to bellne the Go\ern men' has little or.ri~allon IC' care (or Ihe homeles~ lhls attitude IS perhaps beSl u.empllfied b\ President Reagan s olleT' quoled rem".\- ma: 'the homeless are homeless )OLi mlgh' sa) b\ chOICe For pohtl.::a~ llberah the phght of the homeless senes a~ ammU"'Il'lor. In Ihelr au..::\.. on the ~dmmlStrallon S eeonom IC polloes but the 501 ullOr. the\ lend to surpo.! lS the expansion of emergen C\ shellers Slmph puttmg a lemporan dre!.sm~ 0"'1 ",ha' has become a la"Be fe!.lerll'~ ",oun::! 10 the SOCIal bod', There IS no m~slen aboul the nalure of d more appropTlale solulIor. Essen tldl'., J: ,,"ould eaP for CaTT}mg OUllhe aborted plam of the 191'11 comm UnI!'. men:,,: health la"- b\ pro'>ldlng a spc;; trurr, o( housmg Opllor" and relaled heal';" ::are and sOcia] Ser\ Ices for the ..~ . ! -.. $::.. r~ ___ -II -",' '- ~ -- I , ~ - .' lIIenlalh ,II 1lt.cw. ...ould enl,..l In Jn~ arr.nlemt"n.~ ~ Ith \ an lnt: d. j:'L <, "1 lupenlSlon from ~~ hcoLU (,U, oIlll>t'.. peUllC fC51dencn for JIolIM.nl' '" 11'" .." YCrc pS)'ChDSC~ to more Jndq'C'nJ"1' I" Inl II half.. a) houK') for rot11< n" "'lib leu ac..ere ddOfdets 5cIm, 1""''''"1' would rfcel\e cOunK'hnE and IhL!4r\ ....Ith the loal of rch4"'llll"t1n~ Ih, m 4nJ even IC'fUnethem JObs In Ihe communI t)' The one major chan~L need,.: In 1M communll) menIal hC4'rh rr<>j:",1nl ho\/oever IS a .realn re;(\.n'lHH' (lr Ih, l.ullltilllomofpS\chldlr\ ~I"r IhL'1I' renl staIr (If thl art m ,." ch'[l-,,,,lI, dlstur'x-d peopl< ~Irnr ' ~..nn,'" 0" ~, habllllated 4nd Ihr IOcl1 In Ih", . .I,,' ,..ould be to pro\ IdL Ih, r.l'" n' ... 1~1, comfortable and fflendh d't '.,- The communll\ men:d' hldl:~. mp' l men I faded pnm,uJl\ I'>',dll" th, I <J era I and Slate 1(1< nnme"', n." T ..I locatee the mOl"ll\_f1ccd,J to full.I' lb promIse American ~or1Ct\ l' cun, 'Ill, trymg to 50" e the prot-1L m eh, ...ph i:" I1Ig the menlallt III hC'mrl", at be,1 emergenC\ rerugc an': cI' \l 0',1 n(l ref uge al all The qlle~ll"n fcll>rd l'>\ thL Incrcaslng number of horn, Ic>~ p< or1l I' M VeT) baSIC onc Arr "m('TICdn~ \\ Illmg to consign a brOdd Cld~,Or dl~..hkd pLn pie to a life of dcgr..ddflon or \\ Illlhn ma~e the commllmeni 10 ~1' r 'L1L h pll' pie the cart' Ihe\ nerd' In.. CI\ IIIILJ S(l Clel) the am"'er should Ix clcd' . "' -.~ ... ~_J '!......~- -.... "-";r-... , - .. ~...-. ..~ r . . i l .i . J.:.t. . ~~~ , :irl, f/I'nlbu. ..i_lazatJ... .... .. .. ~_. ..... ~~ ....kI.o, .... ~- ...... mt.. ~oMO_I.lU"'" Hr" .... M eIIr IIIn'ft f.. f_' ,aft. ta.,h,If.. dllld. Jolla.) \t. _ 1II1er ~.ID.iI'I" te. ...tar........ ~ "rll.r kad . .eroo. br~do"" Hr ... '~Ilar&"'.,"r 1lciI.' ~c; . . . . . . . . . . . . PFFENDIX II I . . . . . . . . . , '- ~ L ~~ \. 61 \ ~ t'1l. tn ~ I-' ("l <: .... o t"" .... Z n t'l i f;; tIl tn t/'l = t"l ~ t"l :0 to.. - - ~ Cl c::: ~ i I I I \~ :li> 1;'1 a t . .. r J~ ( -~~irZ- { t.l 40 i : .,. \0 1E · ::l ]:I ::: - . . t'l t:i ~ ~ tt: - VJ / " ,/ . ~, ;.b . - 1- . ~ . ~ . -" ~;.. . · ; i ~ . !t f..- ..- ," .. ';2 ~ ~ ltl ~ ~ n <: t-I S :,. i r.. ~ ~ , <Co .-. ._. t ~ ; ~ - . -: :::l . . . . . . . . . . . APPEHVIX IV - . . . . . . . . 1 2 ;; . 4 5 ... : "', ,I . I I' !j '- Ii ~ ..... ' ~ , ': ~ ...... I . ,j -:... ~; ...- ii j, ., ,... -~J II . I: ., ~ I ~ _~I i; ~ . ...i.."""t: I' ; ....:=: I -~ )" '- "'" ... jl ...0 I . I, ""... I. l. .. j~ , - . .. - j~ ,J 19 l. !i 2C. Ii ,..,... Ii ::i' ~.Gj , I: 23! I, ,. . t ,,~ I, I, 25 !: ..J ~'::i I' 2":' r I: 2.~, -I I I I . . . . . SKAROt; DORSEY ! am a 33 year old woman. 1 have been homeless since my apartment in Hollywood was destroye~ in a f~re last year. : ar c~sa~lec fron a head i~Jury. Shortly before the f~re .... . WQS ~~e V~=~l~ 0: a ga~; rape, an= : ha~e bee~ ~~ce= ....lr..- ........'1:;: ca:--:? 0: a ~Si_~C:-...l.a-:=:.s-: a:lc. C:l me=:=a-:::>:: s:":1ce the::... S"- T wa~~ ~o be re~a~~~~tated a~c get cac~ ~o~e~he~. : :se: - ~a~e a :C~ t~ o::e~ the wcr:c. '- 0- F=~~a~, ~a: 4, 198~~ ! ea~e to ~~e DPSS o~~:ce a~ 8.~ 4~~ P:a:e to ge~ a ?:a:e to s~a~. A~ 4:5Q p.m. ! was g:~e:: a c~eck for S24.CO a::~ teld to cc~e back on Mc~~a" ... ~~e~ tc:= ~e ~ha~ ~~a~ c~eck was =~r ~e tc go to a :"~-:e:. ...a..~_f.. w__...,J ~ ;~~e me t~e na~es 0: a~~ ~=~els. '!':: e ': : cas~e~ t~e c~ec~ a~ a check cash~n~ ~lace~.~ :t cos~ me sc~e~~~~g tc cash bu~ : do~'t re~err~e~ t~e exac~ . ... . ~. a~c...:.:: "; . I walked arcur.c look~n; :or a hc~e:. : we:i~ t:; t::e We:.::c::. T~e ;~y sa~c i~ was $10.00. ar.c I hac to wa~~ :0:: 50r.eo~e else to shew me the roc~. Wh~:e !. wa~':ec. . .. ..... ~::.e me:: we~e bo~~er~~g me. Whe~ t~e o~~er ma~ C"'-o ~. - ~OD:::,:. ~~ S~C~ ~e t~e rocm, t~e=e we~e two people ~~ ~~e r~c~. :he ma~ at the desk sa~c. ~~e~ c~cn't have anyt~~~g e:se. T~e~ : we~t ou': to Ing:ewood to the Oa~chi Mo':e: a~c ~e~~ec a roc~ for S15.CCa . knew : was~'t 9o:~~ t~ na{~ ~~ a:: wee<e~er bu~ ~ hac to ~et a ?lace... 1 1 2: ': 'I, I ~ I 4 I l; 'i ~ Ii I'. e , , j ~ .., " I' .:. .' - ;/ , ~ :1 ,I 'I II ~ ,., ......~ E ,,~ j; -- r ). I. .. ') , ~- Ir ',7 L .~ I, ... J4 f _"t, !i ~ -- , _ J: f,... , _ lw I; l~ Ii Ii 2: f" i! .. !; "'~i . " ....,.., ,I ~" Ij "'- I: .;- ;, ~?, -... ; ,.. .... -: I: ~-Il 2';! 25' 2611 ..J! .::; i' ~~J -- (. I; I jl . , The next day was Saturday, anc I d~dn't have enough fDr a second nlg~t. I checkec out and Just began to wander. My feet were all b~1stered frem walk~ng. I ended up r~dlng the b~s. I tole the bus dr~ver my situat~on and he JUs~ :e~ ne o~: a~ 109t~ S~. and w~~~~gt~r.. ~ sle?~ on a st::c~ there. ! wancered a1: day Su~day. ! ha"e bloci<e:: a. ~C~ 0: t~a~ t~~e be=ause ~~ ~s sc ?a~~:u_. : re~e~=e= b~~:~S serre :u~ce. ! k~cw : was o~~s:ce Sunca: n~g~~, b~~ : ec~'t =~~e~~e= tte st=eet. -. T~e wee~e~~ was sca=~, fr:;~~e~~~g, ee~ea~~~;, te==~!~:~g. : ca.::ec ~~e ?c:~ce beca~se = was so fr~;~~e~ec by the me~ c:: tr~e s~:-ee~. ri ~a~ ha= bee~ =ol:owi~; me, p~lli~g C~ t:-e s:ee':e 0: :!'~. c :~t;se, d'.;=k~:'!c ~~ anc. ou~ 0: doorways a::c. sc.a=':':l~ ::e. rl wc~a~ c:=~=e= made =t;~ 0: ~e a~c she sa:= =,",. ?=c=~e:"'" was ! was on the s~:eets because the :l?S2 hac p~~ me t~e=e. T~e~ she hc~g up O~ me. A:: : wa~~ lS t~ be s~rc~;. ~~:s mcr~~~g : pra:ec t= Gee ~~ =e~e~~e~ ~v 5~~e~gths anc my ca?a~~:~~~es. ?c=~?~ rA?~ ?CSS ! aT" 36 yea~5 ~ . O...c. :: a~ homeless. ! earee ~o Los k~;e:es w~t~ my w~:e, Judy ~oss, on ~ay 2, 1984, !rcm Tucso~, i\= :.. : :: :"'. a It : ca~e to =~~C wo:k. 2 II 111 2/ :3 411 5,j !: € ~i i' "':7 - ~ . , - " ~ " -- ), ;1 ~ '::: , . -- ~ ! - , _os [ [, " :: /. f; ~ - ~o ,i " - ... ; II , ~ _I:: I, I - i '" .. !; 2: I; ...- L .:.- i' "',.. .:.,;;;, I " 2:: i \i ,.. l' .:.-:: ; ji 25 !: 2S i 27 , '! " ~ , ..:;::::' i: I: I I' [' 'I I: , , On ~he same day we came to Los An;eles, we were robbed a~ ~lfe po~nt by 4 guys. They took all our money ($112.00) a~d my ~de~tlf~cat~on. They ~ook all my clot~es, exceot w::at I have on. - - S~~ce be~~g ro=~ec, we have be~~ llv~~g O~ ~~e s~=eets. ..... w:.=e :5 Sc ~e 'w'e:-": .. "II .... s~:.__ te~=:=:"e~ t~=~ be~~; ~c=~eC4 a=ou~c a_. ~~;~~. W~e~ we ca~'t go en, we S~~? a~= S~~ cc~~ a~= ;e~ a :~~~:e s:e~~4 I wat=h ove= my w~=e ~~~:e s~e s:ee-;s. : do~lt s:eep muc~ myse:=_ We we~e last ~~ a be::' c"e= a 'we~'-: asc. v,'e caI"'e ":.0 :':.e we::a=e o::~::e e:; Be'.:e~:y Bc'..:.:eva==- on v-.. B, :?S~. A ~~~:s~e~ tc:c me we co~:c qe~ he~? a~ the we:=a=e c:=:..=e. A~ abou~ 5:32 ?~., t~e we::a=e wc=~er ~-: _=- r:'t€ a::' ~;-;.e::. C......_,"'I.,,:. .A- ....--"'" -- a c:;.ec'< :c= was g~ve \:5 eac:-:. S2.~::. C'. .:. -- J:,...._ .......- :coc 7he:-~ s~ar.ps c; ~ .t/"e ~s a:-:' or mc::e:' ~c": :ccc. Ke ~a~ la5~ ea~e~ a~ a m~ss~on O~ Ma~ ~,19@4. We ha~ nc~~~ng a~ a:! to ea~ O~ ~a: 8, We lookee fc= a ho~el r:c:-ft Ke we~~ ~~ 15 or :6 hc~e:s. Nc~e 0: t~e~ ~ac a .....-._.~ - -"--" :':= S:6.CC :c= t-wo pecple. · t=~ec a:l t~e p:ac:s " - -.. S~~C row. None 0: t~e~ ~ac a rocr. we c::ou:c a==cr=. F~~a:ly, we gave up look~ng fer a place about 2:00 a.~" a:~e= wa:~~~g arounc S2~ce 5:3C 0& .'1/: - ...- l.. . ...a~ p.m. Ne~":he= ea~e~ :0= ~cre tha~ 36 hours. We spe~~ 5c~e 0: t~e ~c~e: 3 -~......~--=-------- [I I . . . . . . . . . / I I i I; II 11 2) 3 J 411 J! ....- q _ r ., -! ,. ~ '"' ;1 -';i j: -... . ~ -- . , , i. -- I - - ~ ... - G_ !. z: " ~ -- ~- .c~ I' ~~I!: .:;: I' r'"_'" ! ..:::~ ' 2~ 0; == q ! i !i i. I 1. ~ j on fooc, a=te~ ~t became clea= we were never go~ng tc "-:"I-~ .. -....."- a p:.ace. We t~e~ begar. wa:k~~g the streets a;e~~, as we have cone :~~ ~~e ?as~ wee~. As lc~S as yc~ keep ~ov~~S, the ?c_~ce co:: I ~ bc.t~e= 2:": we:: . .,. ....... ...::.~ --~................... B,.~ ... - we t=::. t~ s-::a:' "'IT'-' . "'---11 a=eas S~ w~ cc~'~ ge~ a~~a=~e= =;a~~. E~~ W~e~ ~e S~=~, ~::\: cc'Cs ~a J;.e us r-.-::~.e or..... :~e ~a~=es~ ~~~~g ~a5 ~ee~ tav~~g ~o ~a~=~ ~~ w~=e 5"~;"'- -- _.....- ~:- =-~.....~~ ~:"'..:' s. S:-.e :"as :-ea:"::~ S~: ~S~I~ a~ ~~~g~ as : a~~ c~a~qe= ~~ t~e :35: wee<. S~e ~s ~e=~o~s a~c ce~=essec a::' ~.-e ~.:.:-e. v.;'e c=r-.' ':. \,e de:",. r -=- we::": to ""'- .... -.....-' c::: r:.eec We w=~~g. _0..'- _ - 1_._...... 1''''~-- ....... w_..... '-_ 13'.;":. we ~a'.e t.c ::.=.'"e a pla:e to s-:a'-. s .:.=':: -:e . :'~ ~c:. g~:..:":.; : e 5 .. ~ ,': w:.:: e a: ~!' e wl.,:..: e : lOCI{ &_- ...- wc::l<. Sr.e :5 t=o sca=ec c= =e:..~; a~~ackec aga:r.. };C~ ~::a-:. ca~ :cc~ ~or wc=~ a~"wa~. : ha~e~'~ hac a 5~~~e= a ..ee~. ~';e ::a~iIoe ~e"-e:' =ee:""'. Cr'. . - we_::=~. - :as':. as a ca:::;':'e-:. wo::kec ~a~e= ~~ ~~cs~~~ ~ wa~": -=.:::: wcrk. ~~e=e :~5~ ~S~1~ a~:. ".. c :: .<. ~_... 6 ...~ : ~us~ ha~e t~ S~: he=e w:..~~ rey w::e, no....' W'a.:..~~:"'= whc~ W~:: hap?e~. -- - -' see 4 . I , . CLAt::-E DA1.E NAS~ I 5m 44 yea=s ole. ! have l~ved In Los Anqeles 5~~ce 19~C. c:- A.;==-:" ")':1 - - I , QQ' ...... _ "'t , a:,o'l;",:" : care tc t~e &?SS a~ a:3 E. ~ "::-. ?:a::;e!. The dcct~= w~o ~s t=ea~~~; ~e ~c: t~be=c~:=s~s ~~_= ~e : s~=~:~ a=c:~ ~~~ ~e:? was s:ee~~~; ~~ ~~~ s~=ee":.51 a::.c :""'''.. cc=~::- sa:.-:. ! 1 C. :'e~~e= ge:. a p:a=e .."'"\ l.:."'--: ~= : C~=~'".:. wa~~ tc c:e. c!: ~.~~:: """" ~ ~ , : get -- ~~ ~~e D;SS a :2~~:e ~e:~=e 8::: a.--II .~-:. a.::~\.:-: ... - ~.." . , a ~PSS wc~~e~ ;a~e me a vc~c~e= tc -::-e T~'=:':-:~2=--:' Ce!;-:.e::-. ~ wa:~e~ a:: t~e wa: tc ~~e Xe~nga=~ Ce~~e= a~ 6".:.~ S-.:.=ee".:. a~~ Sa~ Ju:~a~ 5":=ee~, a~c p=ese~~~~ ......=-:;=-e~ . ..-;':...-. ... -. '= ces-: :::e~\.: t-:-~~ rre ...~-- _...c _ U". e ~: r. a :: ::= '\"a=a::c:..es. Sc : ~a _~"\.ec a:: 't::.e wa:' bac~ to t::.e T"'O:::: ;,.;.._- a".:. 8:3 _. 4~~ ?:a::~. ~:-~ a~ t~e ~?SS, : sa~ a~c wa:te= ~~~~: 4:~: p.~. ........;:::.- _... - - , t.::e:' ;-a"e ~e a c::.ec'c fc= S16.0':. . . . ',,;a_<e= -- '-- ~:-~e ~ :~~~ S~=ee~ ~a=<e~ ~: ca::c ~::.~ =::e=~" T~.e'. c:::.a:::-;e:::. :"\e S:. E;) ..", cas::. 't~e c~eck. - c::. c=' ) ~ ::a ..~'= ::c .... ...... -. , -:.ba~' s w~::". : we~".:. ~~ a:: ~~~es c= p:aces look~~g =0: a roc;. : '..;e:". ': cve= ~= ~~e ~==~~~e=, a~ I;.-~ - ...- a::c:. :~a:.~, l:n.:.t the:~ wa~'te.:. t::;= 5 . . . . . I I 1 ~ \ I I 311 . \\ "'n E:.i ~ , I :. j. - ': -;; ""...... -.1 t:.. ti I ~: ........' , - ~- , t nn:. c!1 . 1 walkec over to the Moeoc, at 5th and Stanfore, put I tr~ed the Ell~s, but the~r door the~ d~dr.'t have no rooms. j : ..a:r~e:. ...as lockec.. ! t=~ec a hote~ dow~ a~ 12th and Ce~~=al. a bu~ch 0: p:aces ~ ~ car, 't r~::\e!:'Lbe~. ~~~~~ ~a5 no pla:e :c= .o:.:e mc!'.e';' t.:-e" sa.Je :ne. .. Sa':: ..~ ~=-' .,. 0 "eacec <__ t~e Ca"eo, .,. a:l-"~,,..t "c"~e 0" Bro.C..... :-:,~"'.e::. ,,:::e:-e -......-- -'- -..... ~=.;:-..~s. ': :-.. e Ca~e~ :.5 -,... ~=-:-t c: p::'ace y~~ c""''' t::: s:ee? 5......-- -- ,.~ . ~ - - - --... .... y::'..:. "",,,,,,- -"'" ,,:ee"= o~e e:::'e ope:". . - - ,tot"'- gc .. - s:ee~ ~- ':::~ - -. -~ -- r -:.:- e-- C~~ y~~= ?c:<e~s. ': !'. e se-:::-:-..=- -'" _\..- .....'"::..... - t::e=e., sa.... a ::=~.;.-:: _e ....J: g~~.S ~e": ~~e:.= pcc:<e~s ~...- """- -. ,::--.e Ca~e:: :.5 ==~~=e~ a:: n~;~~ :,~~;.. v,....... ;~-: fa",:, ::. e s , pec,?:':. CC,?€ ::e~CS. Y=',; . ...--- ",,-.. -:... ~_. ,...-~- -....----- ., _-::Ii .... ,-...--~: ~ s:.":.":.:.~~ u~ ,~ t~e=e.~ -----.... ~~~ ::>-- a:: k:.~== 0: =~W~ ?e=?_e i \i , ~~e pe=s~~a: ~:.s~==~e5 c: t~e cec~a=a~~= ~ere:.~ a==aa= re=re5e==at~ve 0= the horele5S =eou:at~e" ~= ~os ~,.ce:a' ,e-.=':::" Dr. ?~charc H. Ropers ar~ h~s co::ea,.es at t~e U.C.~.a. sohoe: e~ .~=:.c He.:th ha~e re=e~t:y eo=e~cteC a s., 5 te~",~ e $Or..-e:' co ~c s ~nge:e s' ho,.e:e 55 ?=p~ :at~e~.. '!~ 5 CO,.o_us:o~. ~r'~~ ~ror .c~e~t~~~c re5e.rC", ., cc~s:ste~= .~=" t~e :~c~..~~"a: narrat~"es .u=r~=tec c=::ect,',e:' .E o~"~=~= ;... ~ -- --" ~~e ~est cor.~c" sce=ar~o leae:"g to t~e hc~e:es5 co=c:t:o- aro~g o~r res~e=de~t. .s that 0= a ?er.o= work'", .= a b:". cc::ar er .e~:.ee occupa<.on y.th very l.tt:e .~ =h< wa'" 0= a" et s. wt.o peceme. une"'p :oyec . ~he lack 0= .=e ore a,.c .5.etS leac5 to an ,nab,l~ty to pay re~t a=e <0 e": 0 t' c,.. . ~he t ..= ~ oa: res pcr-ee" t ,S so c.a l:y ur.a t tac~e~ · .,. c ,. ~." a: 1,' ~,..r.arr .ee. w~ ~o,"ed, or c.. '.'or cec, w~ =~. ~ 0 c:ose ~ar'::' t.es .n the ~os ~.,.,e:es area. Declarat~C~ c= ?:.c~e=~ E. pcpers, p~.:.. Ex~:.b~~ a-5. R::~e:::-E s--:.a:.es: ....- J::..~ ~. \' t:.~ l. 2cor ..;1 \. f);:" I _>oJ ....- G' ,....- .::.= ; i , \ ). I' I" \. 6 / . I '" .- J I ./ 1 2 3 . .. S 6 7 S 9 10 11 12 J 13 14 I 15 16 V' 18 ' 19 20 21 22 23 2~ 25 26 . III 27 III III 28 III . . . . . . . . .... JO~ GRAF I ccce f=oc Iowa, where I ~ a professional tr~cke=_ I was a Captain in the Air Force. Eight months ago I was laid off my last trucking job and have beer. unable to fine wc=k since eher.. I came to Los Angeles five weeks age to look for work out here. The une~loyment rate in Iowa is ove= 30:. 1 hac bee~ staying with a friend in Los Angeles since 1 arrivec. . . . But he got married and tole I I I , 7 ~ ~ 1 2 3 , 4 ~ 5 . 6 7 a 9 10 11 12 13 . 14 ~ 16 V 18 19 ~ 21 n ~ 24 ~ 26 27 28 me 1 hac to leave. Last night, having nowhere to go. I slept in a car. I came on Thu=sday, December 8. 1983 ~o tbe DPSS of:ice at 2711 Beverly to get emergency shelter . . . . I told them at that time that I hac nc p:ace to stay a~c markec this on t~~ (a?pl~ca:~or.J for= t00. I wa:tec ~.:il 4:0C p.~. At t~a: time. I was ca:lec ~c anc:her wi=cio~ . . [!jhey gave me a wti:e ca=d rhat told me to come back in six (6)._days anc a list of sk~c row missions. I found out tha: the lis: is not even accurate. I de not k~ow wha: 1 v~ll do tonight or fo= the nex: six nigtts . . . . !:LL WE:~E~ , ~ h~ve livec in California fo= rwenty-nine yea=s, and I have always worked. I ao a cook. But ! gO! do~~ anc out and have not been able to find ano:~e= job. I have beer. homeless for one month. I sleep in the weeds behind Alpha Bees. Focr other me~ sleep there too . . . . If I car. ge~ a place inside, I car. get myself cleaned up anc get a job. You can't work when you're sleeping in the weeds. I cace to the DPSS office at 2711 Beverly Boulevard . . . on Friday, December 2, 1983 . . . to get a place to stay. 1 arrived at 9:00 a.m. and got forms to fill out. The woman at ehe window 8 \ . 41 .. I , ADOPTED AND APPROVED THIS 29th DAY OF November I 1983".. ~~tf MAYOR ~L NO. I HEREBY CERTIFY THAT THE FOREGOING RESOLUTION 6786 .WAS DULY ADOPTED BY THE CITY COUNCIL OF THE CITY OF SANTA MONICA AT A MEETING THEREOF HELD ON November 29 , 1983 BY THE FOLLOWING COUNCIL VOTE: AYES: COUNCILMEMBERS: Conn, Epstein, Jennings, Press, Reed, Zane and Mayor Edwards NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None ATTEST: ~ 717. dluvc~ CITY CLERK . . J 7 3 r .. . 5 6 7 I . S 9 10 11 12 13 14 . . . 15 16 ' V 18 19 20 21 22 23 . . . 24 2S 26 27 28 . --- ..i I volunteered for ~hat service and during my duty earned a Vietnam Service Medal with ~o Bronze Service Stars, an Armed Forces Expeditionary Medal, anc a Sharpshooter Badge with Automs~1c Rifle Bar. r have papers vith me today to prove chis and aerve as I.D. .. I hac roo place to go. I walked the streets for ~.~ days a~c t~c nights trying ~c think what I sho1;ld do . . . . On Decembe~ 13. 1983 I C~e for the first ~ime .. to the De?a~tme=: of Social Se~ices . . . . I': try~ng to find a place to s~ay until I can f~nc wo~k ar.d help myself. I've been working and paying ~axes fo~ eigh~eet yea=s and now I need a l:t:~:e he:?_ A!~e~ wa:t~r.g Almas: three anc a half hours they callec my name and I got in to talk to a scree~e~. Today is Tuesday and she told me it would be a: least Fricay befo~e I could get a housing vouche~. I doc't know where I'm going to stay at night un:il then~ The screene~ asked me where I live and ! hac nothing to say. Chances are tbat I'll enc up sleeping on the beach for the next three nights. It 1s cold and wet out there. I have no blankets and no~here else I ca~ th~nk that's any better. 10 , 7 S 9 10 11 12 13 . 14 ~ ~ 16 ~ V~ (, ~ J J 1 The County also prevents homeless individuals i~ immediate 2 need from obtaining temporary shelter by imposition of its 3 identification req~irement. The resulting delay to ~he rece~pt A of othe~ise available housing may be weeks or even months as 5 the sixteen (16) declarations of adcitional recently homeless 6 1 Cc~ty reside~ts reveal. 3/ ... The following narratives (excerptec as above) a~e re?resenta~~ve for these inc:vicua:s ROS~~Y C~~~y ! ac twe~ty-eight yea=s old. I have no acic~ess. Ap?~oxioate~y six weeks ago I arrivec ir. Los Ar.geles .fro= West Me=phis, Arkacsas. I came to th~s city to eake a bette~ life for myself. I a~ skillec in do~estic and office work as ~e~: as sa:es. The company ! wc~kec for in Arkansas we~: bankr~?t anc I lost my job as a result. 18 Af~e= tha~ I decided the best thing to do was 19 r take on ocd jobs, domestic work, save that money anc 20 co~e to a place with lower unemployce~: as soor. as I 21 co~ld. 22 On the _ay f=o~ Arkansas to Ca:lforn~a, my . . ~ 23 24 ~ 26 27 28 11 ~ I 1 luggage was stolen rogether with most of my savings. 2 my jewelry. and all of my iden~ifica~ion papers, 3 including my bi:th certificate and a check-cashing . I.D. Also stolen were all the references I brought with me from my former ecployers to help me find a job once I ar~ived. . . 5 6 1 8 9 10 11 12 13 I spent the money I hac witr. me on hotels, incluc~~g The Caesa= and the Ha~a=c. b~= tha= ra~ O~: oVe~ a week age. Since then I've beer. stay~ng anywhere I coul,. Mcstly I've stayec in the pa=k on Alva=ado and ~l~sh:~e. 1 t:)' to stay in the ~ddle sectior. or. the bench. !he=e's a porod with ducks there and a 14 restaur~~ on the corner. ~ 16 This is the best place in the pa=k I could find. The lights fro~ the s:reet and that V re5tau~ant make it well lit up. . 18 My boyfriend fro~ ArkansAs came with me for the 19 S~e reason (to fine a job and make a bet:er life). ~ we take turr.s sleeping all night long in that park. 21 ' He watches over me while I sleep; I watch ove= h~ ~ vhi:e he sleeps. n One night it rained all night long. We got soaked. I'm still wearing those clothes today. On Monday, December 5, 1983, I went to the DPSS office or. 4th Place to apply for housing. I had no 24 ~ 26 27 28 iden:ification papers with me. They asked me for proof of my identification. 12 1 / 2 3 .. 5 6 7 r a 9 I 10 11 12 r 13 14 1.5 16 . 17 18 19 20 . 21 ," I Z2 j; 23 I t 24 25 ~ 26 27 28 j , \ I tolc them I bad been robbed and bad no 1.D. To prove this to them I showed the~ my Greyhound bus ~icket and the cla~ papers I got from the bus company after I repor~ed the theft. They just looked at me and told me there was nothing they could do until I hac some proof of who I . was. They ther. askec me if I hac an~' friencs 0:' ~e:a~~ves ne=e who cou:ci p~: me I sa~c no but ...... ....~. t~ey sti~: tu=nec me a~ay . . 1: ! hac B place to stay I co~ld showe~, put pn c2e~~ clot~es ar.c ~ke myself presen:able to an e:!:.:;.lc;ofe:- . wee wo~:c ever th~nk I hac sales exper1ence looki~g l~ke ~he way I de no~; ~y ne~~es a~e shot. I'~ aware of people ~OOK1~g a: me as : ~a:~ do~~ the streets. ! :ee~ like pc:-:ing s. sign on cy back sa)1ing "I a.::: somebody. I have some clothes'! . . . GAP,: COl.~.r.s I have no sderess. I ac fro~ Orlando, Florida. Abou: a mo~:h ago I came to Los &~geles on the t=a~~. wne~ I ar~ived. all my luggage was stoler. at the trair. sta:ion, including my identificatior.. I bega~ to sleep in a pa~k. 1 didnft have a b:anket or a cardboard box for warmth. It was cole.. . On Tuesday, December 6, 1983 I came to the 13 I . . . . . , ;; 1 5 6 7 8 9 10 11 12 13 14 15 16 17 18 l " relief office located at 4th Place. Los Angeles, California a~ 8:00 a.m. . . . At about 1:45 p.m. I saw an eligibility worker. She tole me 1 couldn't get a voucher because 1 didn't have any identif~cation. I told her my luggage anc identification bad been sto~n and she sa~c she was sorry but those were the rules. ~~S ~s the f~~st tice ! have ever been wltho~t I ! I ~l , ! I 1 I i I I I I a ho~e. It's very lonely and I'm very afraid. I uSt;ally Just ,,",elk the streets until I get sleepy. : I a= a:=a~d that 1'1: get robbec again. 1 have triec to s:ee? at the missions but rhey are always ful:. . ~I . ! caoe back to the relief office ~oday to see 1: t~ey could give me a vouche~ for a ho:el room. I 5t1:1 do~'t have any ide~~if~ca~ion but I thought I'e give it a try. 19 I my b~=-ch ce:-:i=ica te. I was again refused a Today ~hey tole me to write to Florida and get . . . . 20 21 22 23 2.. 2S 26 27 28 vouc~e:'. J IMXY AnAY.5 " . I ~ f:,o~ Georgia originally and I've lived i~ Los &~geles since 196~. I wo~ked at Todd Shipyard in Sar. Ped~o until 1 hac a be art attack a year anc a half ago. I vas under a doctor's care and couldn't work for that tice. I could work now that I'm feeling bette=. although I keep nitroglycerin just in 14 r / /: 3 .04 5 6 7 B 9 10 11 12 13 14 15 16 17 lS 19 20 21 22 23 24 25 26 I I i 27 I f 28 I I r 6 case. . . . I've looked for a job here for a year. My old employer isn't hiring. In fact. ~hey're laying people off. I don't have much education anyho~ so I couldn't find anything. I lost all my things when I got rolled one .. nigh:. They took everything I had -- my satchel with a:1 ~y clot~es ir. it anc ~y pe~sonal things, ~y shaving gear. They took my pants anc ever. my boots. They took all my identification, too. I came to DPSS on Fr~day, December 8. 1983 to ge: G vouche= for a place to stay. I came in whe~ the office opened anc fillec out the form and waited 2 hou~s fo~ someone to see ce at window 15. But they tole me tha: ~ithD~t any ID they couldn't help oe, so ! we~t to the missior.. The people at the ~ission told me to go back on Monday and try again. I handed out handbills at ~he miSS10n which gave me enough to eat. ! co~ldr.tt ge: into ~he cission so ! slept in a carcbcard box in the parking lot on Hill Street be=ween 5th anc 4th Streets. I stayec the~e all weekend. I usually stay in the parking lot but sometimes when it rains or gets too cold and I have a little money I go to the all night movies to stay 'the:- e . I came back here this morning to try to get a voucher again. But without ID you can't get a 15 -~ . , ;( ~ ~ voucher for a place to stay. They have vou~hers for ID too but they cost $6.00 anc I dontt have any money. The parkir.g lots are the safest place to stay. 5 I've hea::-c: lots of stories about what happer.s to 6 peorle. I sleep in the lot wi.th a fe.... other men to . 7 stay safe':". I dor.'t ha"\Te anyth:.ng for anyone to a ;.ake ary ~o::-e. . . . . . . . 16 . . . . . . . . . . . . . . HPFH~[' I >~ U . . . . . . . . . ~ c;: 3 OJ m ::::0 C ..., i - i j I I B t: I ~ I '" If ! K I 8~ I !!i- )> I ;:c I ;:::c e- m I en I -i e- - (/) (I? 0 L1 c:= 0 f- :::0 :::0 n r'T1 -0 ~- c:= tx:' r en - 1- :t:> ("'"') Z -l t:::1 11:- J> :::0 c:= -.. :2 -"" 0 ^ g- :z rn n - ::z: - ("'"') rn ~ :;;:. (/) -< t- C/) l:I 0 0 - -n " r- -0 c- - m en n :z :x::- I'Tl :x:> :z: ~- r- --i t:;::I J> f'T1 n -0 0 :::: "'..; J;:> t::l 0 N- :;:0 rn 2. -; ~:... 2 c.n n J"T1 rTl :t> Z n -l -l ~~ - J:> <=> :2 :z ~- ;z. c::: en ::J::. .!:;:. r '-.{ ~- ........ :::0 'T\ rn '-"' -0 ~- 0 I-' :::0 1..0 ~ en Ii- (/) 0 -- ~- to 00 8- l-I'J ~- I t- I t- I . . . . . . . . . . . . . . RPPP',m I X l) I . . . . . . e. . TAfJI.E J Total Arre~t Trends 1973-1982 4)458 Agenc~e5) 1982 E5t. Pop 122)241)000 1973 1982 %Change Dr- u nke r.e e.:=. 1,045)143 731,701 -30't Plse:.rc.erly Conduct 362,149 380 324 + 5st. , Ua}ranc') 29)137 1'3)4i2 -3.3.4% D U 1 5::'''7)44t. 777)600 +44 7\ SCjF :E Fe~er~l B~re~J of In~e5t~gatlon) U~lfDr~ Cr~~e ReForts, 1982) p 170 TABLE II Total Arrest Trends 1975-1982 7,559 Age~clee.; 1982 Est Pcp 156)051,000 ~ 1978 1982 % Cnange Drunkene:s;. 967~874 920)344 - 4,S% D150rderly Cc. ndu c-\:. 42Q,605 455/78E- + 8 4% Uagranc }J 23)802 22/719 - 4 5% 1) U I 938,647 1)203,789 +28 2st. SOURCE. Federal Bureau of Inve5t~gatlon) U~lfor~ Crlme Report5) 1982, p 172. TABLE r II 1982 Arrest) Number and Rate~ Populetlon Group For Group III Cltle5 wlth POpul~tlon Between 50)OOO-99~999 (Statl~tlcs from 264 Cltles) Compared wlth Natlonal Rate. Natlonal Grou~ III Cltl~~ [Jr un ke- 'Ie S 5 l,034,5:2? (Total ~rree,t:s) 106)640 R3te 55:L 2* Sf:, 7 Dlscr2erly Conduct 76-.t,32'-i 60,316 Eate 4Ge 0 {)ecran='~ _ J 32;158 2)325 Fa"te 17 2 12 8 D U I 1 ) 4 'J 4 ) 6 ~b 115)950 ~ate 749 8 6.=,8 2 *Hrrests per 100)000 Nat~onal Flgure5 for 9,832 Agencle~) Populatlon 18"')34t.~OIjO SOUPCE. Federal Bureau of Inve~tlgatlon> Unlform Crlme Reports) lS32) p 169 . . . TABLE ~U Surburban Area Arrest Trends 3}eS6 Agencles) Est Pop 62}343}OOO Uagrancy ~All Ase~) Vagrancy (l)nder ~8) Vagr elnc)' (Over 18) 1981 4)E.7t. 1)379 3}297 1S'S'::' 4)42Cl 1}202 3}216 - - <.to [I~f~erence -5 5"" -12 8% -2 4~ Dloorderl:' D ~ 5 0 r de r 11' Dloorderl~) Conduct Ce:,nduct CondL..o.ct . tAll ~ge~~ (Under 18) rOver 1"2" 1 1981 141,616 30)964 110}652 19b: 139)521 2E;e13 111)005 . ~ D~ff~rence -1 3% -6 9't "'0 :;~ Drunl--eness Drun~eness Drunkeness, (All Ages) (Under 18) (O""er 18 ~ . 193~ 237)357 11)101 226,256 19E.? 237,13E 10;3&6 226,752 . ~ D::.ffer-eflce -0 1% -6,4% +0 2% . . . . . . . . . . . . . - .... APPENDIX UIl . . . . . MEMORANDUM . DATE: November 26, 1984 TO: Santa Monica Police Department =- FROM: Robert M. Myers, City Attorney City Attorney Prosecution Policies with Respect to ~lcoholic Publie InebrIates, Homelessl and Indlgents . SUBJECT: . The purpose of thIs memorandum Is to polIcIes of the CIty Attorney's office with prosecutIon of crImInal offens~s by public homeless, and destItute indIviduals. clarify the respect to inebriates, . Current prosecutIon poliCIes offIce have been formulated in the conSIderatIons: of the CIty Attorney's context of the following 1. Homelessness is a national problem. . 2. inebrIation AmelIoratIon SIgnIfIcant prosecutIon AlcoholIsm manifested in IS a national, state, or deterrence of way will not be the form of public and muniCIpal problem these problems in any engendered by increased . 3. CrimInal cpnduct and not mere status Is the only legItimate baSIS for lawful arrest and prosecution. The fact that a person is poor, aleoholic1 a noneonformist in dress or attitude, an idler or loiterer, or smelly and unsightly may be reprehenslble to certaln segments of the community. R~prehensibIlity, however, is not synonymous with criminality. . 4. Penal Code person actually be thlS sectlon makes conduct short of prosecutions under used threats, force 647(c} requires as an element that the "accosted." Judicial interpretation of permisslble or noncriminal a range of accosting. The City Attorney will file this Section only when the individual has or other offensive conduct. . s. Sleeping in one's 9wn vehicle or with the permisslon of the owner is not a violation of Penal Code Section 647{i). . 6. Absent extraordinary circumstances, the City ~ttorney WIll not proseeute persons for sleeping in parks or other public areas. The County of Los Angeles, according to a recent study by the United States Department of Housing and 1 . Urban Development, has the largest homeless population 1n the United States, estimated at more than 30,000 persons. Since the 48 shelters In the county can only house 2,417 persons daily, tens of thousands of people are sleeping in public places on a daily basis out of necessity. ~ It should be remembered that panhandling and-sleeping in public accessible places are incidental to homelessness. If people do not have income or places to sleep, they are forced to survive by any means possible. Slnee society currently does not provide adequate support mechanisms for people in need, these indlviduals are required to survive on the streets Punishment for such conduct is clearly 1nap?rOpr1a~e. Numerous stud1es lndicate that livlng on the streets 1S d1sabllng. As one noted expert in the field indicated: Llfe on the streets is itself dlsabllng. . {A)fter one or two weeks on the streets, [the homeless) have deterlorated not1ceably. They frequently lose whatever ambltion they carne wlth. Thelr dally activities become focused exclusively on day to day surv1val. The future becomes a lost concept. (Testimony of Mathew Lyons, Elsenheim v. Board of Supervisors of the County of ~os Anqelesf et al.) . It 1S not surpr1sing that some of the C1ty'S homeless population may engage in conduct that it detrimental to the property or well being of other indlvlduals. In such Situations, prosecution is clearly appropriate as the only socletal mechanism currently available to deal with the problem However. it is incumbent upon the Police Department 1n 1ts reports to indicate in detail the nature of such conduct. Thorough police reports are required both for purposes of ensuring a prosecution by the City Attorney's off1ce, but more importantly to ensure that appropriate ja1l sentences may be imposed against those individuals who are interferlng with the rights of others. . . The following cases will illustrate our filing policies in action: I ~PPENDIX 1. Tony Clayton was prosecuted for Penal Code Section 64?(c). The report indicates clearly Mr. Clayton's inappropriate conduct with respect to other citizens. (Even thiS report could have been more thorough by obtaining the name and statements from indlviduals from whom food was taken in which event a theft charg@ would also have been .dd~d.) Even though this is one of the few Penal Code Section 647{c) 2 ~ . . cases that we have filed, and the conduct was pointed out Clayton was sentenced to only S for time served. . APPENDIX 2. since information request for money. RH:rcprosec . . . . . . . . . even though the seriousness of to the sentencing judge, Hr. days In jail with 1 day credit This case vas rejected for~rosecution provided indicates nothing o~her than a 3 , APPENDIX 1 . . . . 4 . ..w _. DETF.CTJVE ".NO I '-.... ' - ." . CUlolO taC>OlI'..GNO t c 7089 AMESlEE ShAME !LAST FIRS UID::J,E' ~YTON, TONY WfRA HS .., . llE.SCE...~... IHAlR 'EYES WHT 'IRN:BLU .,ATMPJ.../<Cf ,tv IRG~IN'IA '( ARI'IESTlNCi "\MPO 'VE... ~c 100 ~v, Loc. - ,;;... OF AlVi~ S- t~R~P 8R OA DW&\' -- .6l.~7" (C) PC .W...R"'......TS J,~ Y . ~TM ; . I "':A.A'"'' DATE 1 TI...E I COU"1 r2~~6~336 rm: ~E.EPMtS~~~~~~CHE IIIP,OTfJ; ,F./!... Of< PE'lSO'" S .......... C'-iT 1 P,,;...E..::: 'UNEMPL ( .-~ (~ SANTA MONICA POLICE DEPARTMENT ARREST & BOOKING REPORT r;;5T j r$lNO I ! JAIL CUSTODY RECORD TEe.. l~NO ~ 18;:-26062-0~ TRANS CITy SE- . . M 3 MOS NOT - . -S INGLE . .. '. -. - NONE -k~ . I;~; rE~Ci;~ rR;~:T6_S 8 ...11.... NJCMN......,E AGE 26 . 1 , DAlE. TII,IE AIlAESTEO TIME BOQKEO " 11-12-BJf 2015 01\ .Ie 100 ..V~ Q,OT."t." ....Ol"l.. ........ e~O"~~~Es~ATj;)I"~~VE~~7' ILU CORDS I BRN IMJII SHOES tNVI . -.... C"5E or E~EI'IGE"CY NOT,'" I"'''''''E RE'-A110NSH'F AODi:lESS CITY 1 PHO",E..O i :: NO ONE jut,qES.,NG OI=I'.CE" -r-HORLEV-w r 2259 -~NSPOP'-I"C> OFFICER ,'; ". _ "t.tORlfY ~~ ~. -. 2259 'PfIOPER'"'r DEPOSITEP IN Pf'lOPE~Ty ROO'" _ . :;t. 'I , . J ~ ~ - .Jrt fV1t:'ENCE" IAFHEEPlNG CAS'" ~ 0 -PflOPERly DEPOS'TEO I'" JAI~ U~E - .=- ca.~,::-'" ~ . , 1 . of I' , PfllO~,"" :. ~ - PROPER,..,. Pt:OOOSlTEO;'" JAI~ U'E ::;. -. '" ~~ lifiCpE"'';::;'' OEPOS.TE:- '" .....'L SAFE -_ P .. ..... ~ " LJ: i..P .,-,.. ~ .2... J....J~ _ .& 6 ; .II::' t-... ~:;-: :--: :.....:- ,,~ ..-::. I } ~~ - " :~ 2035 Loe BlI\u ~~. . '1.. . : 'I - - , .. ~, ,.'r' ISTOR't Of: OOW"-UNICA8Lf DISUSE "VU lt5~ tit . ,... - . . NONf y_ 0'" ;', -' . JOCCUPhlVto - "ti!- ,.,;... - ~,.~:--. ." _ .- -,+U.BCR. EX-~ . I SPE(;.lA~ ME!)IeA<. IIfI08..EM .' - '.. NONE - :;~~ ;0 _ ..... I'_:~::: ." ~. .~: #~: ; -'~.~; .. '~':;- ~t -;:" ~~ ~~ :: #1 ..~.:... ~.,,;:.'::-~~ . .. ..... ~ ~ ....., - .. "2Irt -I~ - ..... S M JA' L TO'''L !IA'. '" 5 00 ~ 00 F -os 07 . - ~ "'''..~ ..... * . -\. . ~ ~ .. .. ~.....-; .. ...,-"'~ '1 .... "'-... ~. ....,. 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""':""... .. .;. t.ta --:..:.... --:.: ~~... ;..~~~ I 'PAPERS; "ATCH, RAZOR;.8ElT-:~'-:-:-'::~::'-,.'.. 1 ~--'.'~ ~.- ~-.~~~~ ,{."".. -- .. :.. -:';t .-~$--~tr" o-.;..t.. ""\.... ~r:.~L,:;.:-..J.... '\ ,."S'!..=;.;:.. ~ . -p - ... . J ... ..... ' - .... ~... ... .. -";10 .- :.........- -... '" -~ ~ :..... "..... t..7'.I~i::-,.., ...; I""'JSOt.IfPSSlG Fo,.Rt~~J~~~mF~J:'l:. .:._r.I'-.'~ ;. :-:.d= . X .... ~~_. ..-~ ;;-........~:" _..-r... _-.;.: :-_..-.. ~-:...:\.-~~;..:-:- 8CIO<<.1"C; UIPLOY[E ... ~ ItA YWOOD Sl.lf>E Ay .SOR APPROv,..C; SGT. BRACKETT ...... - . . . '- -...~_...-.. "....... ~r .... _ ..... ..-<...~_. ;....."t( _ ~'r. .. -!.. _....._ "..... ...:1.........,._.....:. ..... ~ r-T"'" ~ . -... - .""':--.. .." ;! ... .. - ..... ... ~-;;... ""'.; '\. .:- ~ : _ .. __ ..-1_ l. - ~ . ~ ....... _ s_ " . ~ . . :::i-. . .... . - . !- '- - 0 0 .. ~ ~....... .....' . -rA* - ..... ..-., C'.. ,,:... .J_ -. -~.\ -. #" .... .-:.,. I' ....,._~1IC'A...,......... An..llnilllt.c Cltlzencompi.,nt OI'f,cerObseNltlOl' .~._,-.._--.,_.~;-'t"".~_.-.:t__.-. _ ~ .'" ~~.'4i". I ,. ...~~-p., ,-=~'~~2.,,"..'..'" 4 .~.!.~. r- T "" _ I ... -.. : e- "'- or C' - ... - ~ .. .. .. -...._ ~... .... , DETAlLS Of ARREST "".eL.UDE ELEt.lEN'TS OF CHARGEl . - -'.- ... -.;. 'JIo'.... <.; "1i.:"~~'~ .;-:i.i",'~ ").:"".,,...... ,,'-'-. ...-.... '- .;.......,;; ~~ =f':. . "rresla. found I,. Dubhe pileI destnbed Ib(N'1 unCle' Ine Inll~~; Of -.:..::::..-:. ..~.; cJ . -' _. r '.- .' -c~' ~ - _' ~"~, :_T " ~:". . - ::'-c _ . ...., :.'-:"':::"':: B ....lTeslH 1I'\ltl-.e to CII~ fo' 001I" ute!)' - 0 ArreSlte unlble to Cart fOl' ...fely of Olf'ltl;' -: .r... - ~"~ ~ ;'~., --:.'~ :.... ;.!. ~ ; "l'"""f~ - j.. ...: ,f,,r-..:" ...~~" . AtTU:H inti"'''' "'111'1 Of ObSlruc:t! or pr....n,.. 1!'Ie IIN use 01 0 STREET 0 SIOEWALf( 0 ~BL.ICW"'Y 0.:".. .~ . .~'. ,~ . ~ - .,'~ ~-""..; .'~" "~" .; .mTlJO~--t~:~ 7-.-'.. < ~D ""i.gon,.he. _ .~. 0 St"D;IOuI -:-'<04-. ~.' , 0 "'1"" ;-. [J Coop' ...~:....-':r.~, -t::;' _~"-a.v ~ J'i":'-:.-._"--{....~ .~~ ~EATrI ... . '. -OAleatlotle ,_-::S" o NotAleonohc .~, ~ '4"~'- ,........... .... ,~." _.':"-....;... ~.~_.,- &ooR:;'IN,lTj(>>. 0 --. . . - 0 F . '. - .- ,,- .. - ",-- '. . '".. :rII!Ii-' '- . .. n'" ~ -~ -_..~ ~... ~...\, .Ir ... A.-- t....:... ..~ ~- ....,.~ ,.~.....,..~~ ......_.~~1~':"~ ~ :."r~~~-:~,,!~ :--='1 fYEs -:'~ - - 0 8100C1sl\ot (J Watery . - Ollie" ._.-:-..___ ___ , . __ '__ . )-ACEJ::~-::~'- '. . B Fluslle<l /-,:..,r., B hi. ~-.: > _ ~"'" ..:-".....: ..~-;-/tw.-::rJ-:...">~ .-.;-~o:.. ...::.:...::;.;..~~'~-.(;.rt::;.. la.ttr - - ~. -' '~ SI.~~II9' r _ -. ~' - _ - . - . Otl-er, - . ~.-~ _~...:. . . .... '"V'. ~~ c _ -..- c' ~ . __ sPEECH., ;. --r::fmcOllftnf- .,C::'. [JTIIoCk ~ _, ." ~_-o......t';"'Ji:~-""';':':'-:"",,'~'~"'="~"'~~;'J...:iI..>-... .~.. --"~,, - ~'" ... --..- ..... ~..- ......_"._-..~...~~ ~- - .. = 1M > . ..; % - . . ~ lSANTA MONICA. POLICE DEPARTM~rUr 110ft..... CRIME REPORT 11-13-84 JDDY . . ~-., ~ I.;;M.~ f\"f-~" n!....:l to I. h'}" ~- f:L 1...., If..... 1 o...f-.. . , DR" Wl. 0aH.. '0"" 0tII Oecrll. .. o.r. ~ 'r_.... to" I) IS z. ,- ............. II ..... V_I 11. ""--.... ........... z. 17 - -_ ... ... ..... I. ....--.. .. tit .. Z .. i ...... ~ i= u > 1NIonIf..- _ aodIt.. __ _1IlIecl _ __10 _..,.... It., VCT-, \lit., '""--........."...~. Me.. lL WAI ,.,.01 .. wn"N1D t1I' ntl catMD ., lID foUCl AIil a .. _z f. ..... __ ....... z. ... ..... ... ...... , = ...-.-....,.,...- ..... .-...- z. ~ ... ... ..... %1- ..... ...~ Zap It.. ........ ..... ....... nl~_"""'_ __ AoIIi:Ir-. z. ........._~- ... ... .. n WAS ... Sl.IU'(CT ...UDn~ 14 c.u. A S&I.U l.CT II N.oUolUl' 2$. c:.u. .. JUSPltT .. LDCATUr 26.. C4M .. SUlrlCT n DDCJlJaJDr s!7 1;1: ~ IW""' -. j 1_ ~ i, - - ;;:;,- -,~... -~ - ---- ". -.. - -. ... _. -- - - - _J ; s-2f ,1 s.. .1". I ~ j "7' ....... QNl......... '-.,.,f\o'roa _ _ ..........i_oQ. (If _ed, -.-r. fI.I&I _ ~ ___ ...... ~.l . IIK>>I' ~ ""'" .. III lOX . NO PU.CI ,UiI II 1M lIDS. . NO I"'LACI AM X JIll ... . .. "'_"'-~ AM 11 II' ... D C"UI .. 1VV'l~ .~ ICKM"'l'lM' ., NO "_"'-~ AN It 1M .x r . NO ~ ,Uf a '" lOX . .' x. ~ TIff UIPla YlltlQ"I U IDlI'T'I"Ol'- )J s..--I w....~,._y_ _ae I'ype .... I.,.... .--.. _ _ _ _I.:-~-..-.. '-- . ~) A ~ vcr..... It..,oe:,. - Yeer __ tvlM _ '--___ , , ~rA u. w~ nul.l .. M.UOIt ......u.... oa .... YIC1'U& ''''''~''IIW -- )4 ~ ~lIhna f n [AI' = I J6 DatWT'_ , t ~l , ..."...... ~ 111 . ... ~l AN ll. .. lOX P\ .,...,.., ., ....,. " If. NO .....ca AN x .. lOX 41. ~., ia& Vt 1ft C ... 3' II "'II STOUloI n.orllTT TtAc.u.U1 4C T.".. of ......". T-.... 41 J,a,ar_lIf ~... "'-_ ~p. 4 II ntLll It. ~1I1c..vtT.....o HUlMT? . _ JIUoQ AN II ... lOX ... T~ fIf ~'.j . fU~ ~-.... #if 0'_ ,.,., . _r .. "' _ ~ Cl"_ .. ~j ~. ~ .5 T."... of "'1"'_ o i. ... 1lIWI'-" '-' inll',\, ~ T.... IIf w_. ~ f/fI tWu :"t" J <II w....,..,~.:,> ,._.., ., ",__ t.<<....., y- "1o.J~ Y. 0 rP, = u. ..... .. . ~ ,.....t... I. ,_ C-_ U ~.. "'" " so ~., 1M,.,. $1 TT--.-. -... II '- ....,....., "- 14 '-" .26 ..... ..... If.- . ... II'LACl AN Jt '" MIlt . .. ~ AM lt IN 10'.1. f II 'Y"-o . NO PUtt ~ . 1M lOll I , __ -...- ~--. ao _ C c..- Cl ClfIl c,.,,...... -- ... ,.. o-r.," r s...- ~.~ J,~t~.WOQ2-:; Ysl .i-~ ia: ~~ , I I 11._ I a. "'Dr 5I,"",,!PlCANT "''nlCAJ. I'nDIt<1 ..DlJlT7 IU,S AM IDOt'I'lflC.ATlOK n~MMlCu"M .1lM ......Y1IN bOdef'Q T~ {or. ..~ If .,., ~~ . ... ,~ --....a To ~ u C 56 tj :n .. I~ I I I SP . nlln ... 1...,.,"10",. llA.SON ", tnl""'. nuT <<,.w. MAT .t ......, . ! I 6C ~'''' OH~ ~~ 1.1 0.. T~ lD,.oo""l u W""~....- _ &>. 0t1~ IU.. 0 Irw FlU J .... ~ Me -.., f&''-'-7 cOllIe"''''' UD :j ~ - Off_,.: --.... . . ....- ~ i .s ~-......".~ .. ."1"7 ~~L~';( ~\ u...", . ..-"\. "" ~~t.,"'~/~' w 162 . . < - . . _-c .. . , -" - .' -- ...'- ......-~ .a_,.,........... ~...-......".. .......1...... ...~...."r. ~ .... _.~ jI -A~.~..~...... -..~. ... '-'_"' . ~ tr"::.._ ~~g.....':".... ~~~~~d~__~,",", .. co =' T REPORT ~ t1' o 2CC: CITY PROS. CC: CCAP t I . : CC: SGT. CONGER SU(:lervlsor Approving ena I No - , -. p -. -- - - ~ ...: ._-- "1' - ..--;-~:... ... -. ..... -:.,...... .::.._~'" ::- ...~..... ......... _ .r- ......_.~ ... _ ..... _... . .... #,,.1. .;.;:. .__ _.;&'wF.l'~~~-."'-;',_.- .~_.r' __"0'-----11--- _.---- -- -- ""'" . APPENDIX 2 . . . . . . . 5 \ . . - - . . . . . It . .. ~ CITY IF I&IT. .'lltA ~ No =6'~~~IL~". Ii::: 0 MIl 2523 5D '7- Lf ,,8'(ll.s-.3S"Mr'~liAl I p "..., i' - DO.' ,w'ElttJE.SI~,. I'I~' "'S1Df...CE "D~I[S_ ~ C:.,.., I jOc:J E j 7rJ.J.- fr /n! L .3 s.:~'ss b J OL A'~~ c.' , ~( i 11II..[';' ,','.S' _~"'::,.., . ...l i'.T~ . .'-0.'[ /'", - .:> ~ M> .'w ~:;Co ~,s - "'I'V~ 55G:""0 - Fy. ", 'M';//t,Jef f'~ WE- _.E - ~,~S[ ~~ A' ~ I H~." r'S~.~~:.; .. 0' .."': l ,..... .1Ir.::J'I:.,1 / ICO'O. liE::::; 'S'"'[ltE: ::;tW""E;:I :~- ...ES.$~ ~"'IIII( AS "BOy! ~.. -~... C ..[s IIWIDC'~ Ze.:: I ~"..o r'''O ~ c,,~ ~c DIIE""'~c C b if':; lc ) I'c ft~AJ",,~;:ti~ I~ 6 - , o WAt~p ",' TO G'(cy~ O.4Ji' .hflP '7.'Ir t>t.rI ()I= l.c)o.LIc DkJI;J ~j) #O~€ Y.. c;1.AJ 10lJ D$.;~c- ~. ~~y, .'~ <<. :Ul' ".'~' . ....... S'" I" .., S"E' I"" -,.... I""." 1"'-'- c..e"'" lOG it. "" J.lI ~ .... :)43 '.'~~~,k _~M~.1 ~.&~ ::. ~.Plii~. ..... :0...... nL .. lII' .rs~.. . tEIC t t- ~ .S~.... tIoIo ....- ( -. :Fl. I ~i!~'~~~~~fjjjJ~~;2;.';\:..~" 'i.;r;;4 -, ,. ..~ >;"~;:::~;1"~;;~ 1::':;- ....-~:_.. ., P4-~-~~ -- X_~~. ~ ,..... =- .. ..."Jf t DI"'-$~" -:)OoI.o.e 1ft{ ~<'~~. .. t> ~~ "I" ...,~ .'''1(- / '" . 6 e 30 A/III 'S......-" ..o..:.a CA. . ....- .... r ~. w'E~.'." H : ~'J 0" ~~,.. I ...- "'E' I I......" ~ ,,~ ...11....0: s......-.t.t:----:..~... t 1ICiA~ ..~&... ()IilI .3,(.... ,.::>~&... E.;." ......{... :--11 c......~:; a... ~1 OC ... ,)( ~. ~.::. ::r O{p...II.....f.... ,JY[.... t 0.1:1. :'(r;; ~I.I. ......... !:......H- ~..h.... ..~..:::.. ::.. I 1OiaC: '0 or A'J "":....~~--...l::.. "..III(.....::)~ "_.-:J """ ~. '~=-'r :. ._-":. ,:~;., COURT copy <<" &!;:. II-. i 1ft IIrtlllll1, ~ - - . . . . . . RPPENDIX UIl I - . . . . PROSECUTION SUHHARY (January I) 1984 - November 15) 1984J . Penal Code ~ectlQn G02(J) - Trespass Involv1no Inluru or Interference WIth Propertv ~lgnts . GU11ty Pleas No Co~plalnt FlIed Dlsmlssed lGullt~1 Fleae- to Lessor IT"1cluded Offense or Felated Otfenses) . 19 13 5 15 Pe~al Code Se~tlon 602el) - Occu9a~cy of Feal Property or S+ru~tures Wlthcut Cor5e~~ . G'.ll: t}' Fleas he Complalnt FlIed I)lsmlsse;:J. 4 10 5 Fenal Code Sectlon tC2'r~ - Refusal to Leave Prlvate Fro L:' e r 't ~ 1 - - . Gr.l J. 1 t" FIe as No COIDFlalnt FlIed Dls~155ed c: ..J 1 1 Alms Pe~al Code Se=tlo~ E02lc~ - Beggln; or SollcltJ.na . . GL..1It'Jl PIEa~ N~ Complalnt FlIed DlsTrlJ.5saI ( G'.lll t~,J PIe a to Lessor Included Offense or Related Offense) 2 42 1 1 Pe~3l Code Sectlon c4?(f) - Influence of Drucrs In Putl::.c Place . . G'.H 1 t ~J Pleas No Co~plal~t FlIed D1STT'1ssed (Gul1tV Pleas to Lessor Included . 10 11 3 Offen5es or Related Offenses) 3 Penal Code Sect~Dn 647(fi - P~bl~~ Inebr~a~~o~ No ComplaInts ?e~al Code SectIon 647(9) and lh' - LOlterlng an~ Pr 0 l.J 11 rg GUllty Pleas 15 Nc C0mp1al~t5 FlIed 4 DlsffilS5ed ~ Fenal G~d~ SectIon 64-{1' - Lodglng 1~ Ue~lcle, B~Lldl~g oc Structure Wltnou~ Pe~~lS5~Gn GUIlty FIEa~ ~ ha Con,p:alnt FIled 5 [J 1 5 '1' 1. "5 5 all (GuIlt':;) Plea to Les~Dr I.-I': 111d~ci 0rfense or Relat~d (: f f e P::: e i 1 . ~3.n"t-=t t1:n'-'::.ca nur'lslpal C-e,de Se::tl.on 42G2~ - SleeplnG 1n Fu~llC Par~ ~nd Dr Beaches . GUllt~l Plee5 N~ COffiplalnt FlIed Bene!" Warrant tGl.llt') Plea::: to Le~scr Inch.lOt-:1 Offense~ or Related Of fensE's " 12 20 1 ) ... . d:o"te Ttns 5umrnarjJ dO~5 not 1nclude most Q-C1.1:ar.lor'5 Q-C~~3.tlO"5 fQr drlrkl~g ~" PUb:1C are gener511y pr-osecu~ed ) . . . . . . . . . . . . . . APPENDIX IX . . . . . . . . . . . . . . . . . . ... B. - n 110 ~ I ~ .. ifi;ii I~~~ 110 ..........w~ ~?:'~ a>.......Vl o,DQl"'-..l 'Ii .. n ! j III o ... ~ :J ~ ;;T Do III ..... ~ W t- I.,.i.IIJ'II;DPU .. .. . . -..J..... -.J w,.; .....,.....\OU" i !! {Il 'C ... ~ ll,. Q. ... o s: ~ Co ~ III ... .. ... n ... o C l'T o ...., .....l\.Jw...., ...... L.J"l V" oCto OO\IJ'I.....J ~.."....ClJ ;; ... 8" .. v. i Ell .... ... ~ Ell ... .. 0: :l ~ ~ g i ., o ~ ;, ... (It ..:; " o ... ~ It :i ... :T ID Q. - Ul ... .. o ... . ~ . ~ o .... ifj;g)~ I~~~ (=[[ ............ .... ... iL,..l w .._0 000. ..........0 .... ~g~~ ........ -:J a:1D~" C1tl/l III III III D III III .........~'" ................ ...... R ~ ~ ... 110 Ell III R .........ElI l!.l!.B.... Ii ......... o 0 0... o Q.Q.c.. ......-0.. &,a Ul 00'" 1"Tr'Tl"TtrJ "'''''''''f'T ... to- ~ "" o 0 r;. .... "~..,.n ,... "tl"C"C ""'''''''''''''0 jL.8 .B ... .,,,,,,,,,,,..8 ~ ~ $ '2 /lI~u.u. ~!a~ Q. .... ""'.... LJ I'V to-' ""-> ___a, .. i' ..... III ... 0- 0: CD z l :f .. n II :l ... ll,. oLl III 5 if c III ., ... '< 'tI ID ., o ID :l ... '" ..0 ID o "' ::c .2 ... o :l Ell .... 000 ......,..,..,.,.,0 ... g:g:g:~ ID"'ID_ ID SO'Srt "''''''C''TO Do Ell Dort .............ilI .... ........ .2~.2" .........._..2 o 0 0 - , ~ ii: g .... _.... 0. ... IJ~[ III III lI>.o t"'n"ft; . .. .. " . d' 'E ..... Ell ,... C :l 2; oi-... o 0 .. &&0 .......... ~~ .8.8 ii ... .... ..... .... '" .... a> ...... .... ..,. OJ Q\ CI> "" IQ IDCZl.... ID.U' ~~~ o-,J.,8 r; ~ ~~~~ 1Io1!l'tl... .... lli::c -Ill .... ... -I: n .. ~ -.I.... .... -.I .... C> L.n '" \1:)00 .... Ul .... .... ....L.n IQ c? !!f~ 811 I; ... .... tw......w...w 11I....0....1>> NLw..W..... cn........m.... ~l:::e~: U'IQ.......Cl:i g~ l-tT ~o::: 110......110 ~ ~~ ~::.... :l ~o Ell III II .... .... ..... -..I 0> 0> IV -..I CE> .. -..I .... =fffg~~~1!.1 Qi~ ~ a~ 2: I o' ~ I;5~g~=:8~~ "'nl:rS-::: 0:5 o ~=~ ,; ~ ~:r : n ::r is ..."... \D NUl:: ......OtwNpr.j .....LnD:l """'-..1'" m..,,-.l1Q OIQ c:r-CJttm.-u.rO'\..........J'-.J ""..CII"""''''.........O.... 0)0......"'........-..10....0 . I ~g)&>~li"~g' ;:t .... Q.I P'\ .... c ~99::it~S'S'; fT...-;J;J~""'" g" ............ n: D.o ..... I . to ... Do Co :: R rs~ RIM ~~>!t ~ c ~ .... ~ ... .B ... Ell ~ ~ -.... I\,,) ... .....- '-i '-OI.I:aoQ\"D......Cr,.r.I-.Jt..n\O 4Z\DOO.fII.J.....I--CC \D.....oO__P\.Jt-'tDtw...i OJ 0 0 0 \J' al \L) cr, ::. -..I-'lcc...V'......"O . flj;~[;;!t.~~[ l/l ~ ..... ~ :l ~ Co ~ I") ~ ~ "tI~":' ~~~.-~i~~~ ......-n-CII."O...-I"'\(")y,. _....0..0011>0 lioN'" :l ..::r _Do c 301P ....0<1")3% 3: 0..0 =: :.: II< 0 C G1:lg. :s...... ..........twiLJ'lL.lI%1 .....f'..:IVla-.ar."iloAJA.-J WL,.JO......-...J.....a:;y,Jc c...Jo~I\J....c:n...Jc "'ec..........m....O'1~ ........0 Vl...."'CI'I-..I..... . fg~~ o-,J~~ 0 OQ..(:,s::r "'/P;:J'<O Do:l- :l ...."",nc.. -'< DI 0 II< .., -"1 III 3 Ilo ::::. OS DI - ... .... .."< .... .....!........t.,1\&l ...........QJ.Do'loP N........c-.t.b- N-.)(LO\C OCIQ....a. \P--..J0"l"""'.... . .., III n .... ... - ... '< III Ell ::> ... Ilo ~ :l 2" 1C ID Ul ... ! ~ ... !! o iii ~ ., - o ... ~ ~ c ... ::r ..... - .... '< f "< ! ~ 5 ... o .... III ... ... - r. ... "'l III n S .5 If ... " ::r .... - rt '< if a- s ... ~ III .... .. 0' ... .., 1lf o .... .... - .... '< ::c o 5 ~ o J. ;I; C .. III ... :l ~ 5 ... .. n .... . . . . . . . . - P>;:'Et,~;::. I X X H. . . . . . . . . . ~ . . A Task Force Report of the Amerlcan Psychlatric Assoclatlon, The Homeless Mentally Ill, Washlngtop, D.C. (1984) Chapter 1 . Summary and Recommendations John A Talbott, M 0 H Richard Lamb, M D . . . A large number of dIfficult and often seenungly oveJ"W"helmmg socJa1 Issues) most of which elude easy soluuons, confront us today Pnn- clpal among them IS the widespread) senous, and mcreasmg phenomenon of homelessness 1D Amenca, many of whose VICtIms are senously andior chromcally mentally ill. To address this prob- lem, the Amencan Psycruatnc Assoclauon appomted a Task Force on the Homeless Mentally III 10 1983, reahzmg that wmle all CItiZens have a responslbIllty for the welfare of the homeless, psycmatnsts have an addlUonal responsibility for the mentally ill among them The recommendauons m thIs report reflect that general oblIga- non as CItiZens to address the problems of this heterogeneous popu- lauon as well as our speCific oblIgauon as psyduatTlsts to help the large number of homeless mentally ill. Recommendauons for addi- tIonal acuon on the part of the Amencan Psychlatnc Assoclauon and Amencan psycmatrists will be contained m a jomt posluon paper formulated by the AssocIauon's Task Force on the Homeless Mentally Ill, ItS COIIlIJl.lttee on the ChroD.lca11y Mentally Ill, and Its CouncIl on Psycmatnc Services. . . . Dr TalboulS professor of psyduatry at Cornell Umverslty Medical College and assocIate medJcal chrector of the Payne Wh1tney Psycluatnc Clullc of the Ne\l, York HospJtaJ m New York Cny, he IS presIdent of the Amencan Psyduatnc Assoclauon for 1984-85 Dr Lamb IS professor of psyduatry at the L'mverslty of Southern Cal1forma School of MedJcme Ul Los Angeles and ch;urperson of the Amencan Psyd118tnc ASSOClatlOn'S Task Force on the Homeless Mentally III . 1 f L . ~ . . 2 THE HOMELESS MENTALLY ILL . To provide a basIs for the recommendations below, we will begin by ll-nmnumzmg the maJor points of th1s study of the homeless mentally ill m Amenca Both here and in the recommendations, the reader IS referred to mdIvidual chapters for more detailed mior- matlon ]t should be noted, however, that most of the points are discussed m more than one chapter . Summary . Homelessness lS not a 1IeU.-' phenomenon Large urban centers have always attracted vagabonds, dereucts, and hoboes, but unul recently these unfortunare mmnduals tended to duster In cenam areas, ofren called skJd rows Today, however, we are experIencmg a new phenomenon--one of unprecedented magnItude and compleXlty- and hardly a section of the country, urban or rural, has escaped the ubiquItouS presence of ragged, ill, and hallucmaung human bemgs, wandenng through our cny streets, huddled m alleyways, or sleepmg over vents Th.1s rapidly growmg problem of homelessness has emerged as a malar socIetal tragedy and has recently commanded mcreasmg attenuon from all segments of socIety, inc1udmg the government, the medIa, and the publIc at large The mdlvIduals affected are now regarded as an eyesore at best and the VlCumS of a moral scandal at worst It now IS apparent that a substantial portion of the homeless are chrorucally and severely mentall} ill men and women who In years past would have been long.term residents of Slate hospItals They now have no place to hve because of efforts to depopulate publIc hospitals coupled WIth the unava.tlability of swtable hOUSIng and supervIsed hYIng arrangements in ..the COmmunIty:' madequate conunwng memcal-psyduatnc care and other supporuve scnrices, and poorly thought-out changes m the laws governmg mvoluntary treatment Homelessness has lustoncally reflected the mteraction between the most vulnerable of our populauon and the scarCIty or plenty of our resources Those members of society least able to care for them- selves have always been at greatest nsk for loss of reSidence and affiliatJon-for example, the never-insUlUUOIl;1ih7ed alcoholic, the unemployed, and the Dllgrant and the refugee. Today their ranks are swelled by the addIuon of thousands of people suffenng from . . . . . . --III ~ . . . . . summary and Recommendations 3 severe and chroDJC mental disorders, mcludmg maJor psychouc dIsorders, aJcohol1sm, drug abuse, and severe personalIty dJsorders, who have been dJScharged or cbvened from lDSUtUUODS The causes of homelessness are many and complex, and the homeless compnse different populan0n5 WIth different needs Some of the home- less are undorruclled because they have lost thell" Jobs, others because of the gentnficauon of urban areas WIthout a concomItant replace- ment of mexpenslve housmg Sull others suffer from substance abuse or severe and chrome mental dIsorder and dIsabdny Thus each person's needs can be Idenufied only by knowmg whIch subset of the homeless populauon he or she belongs to The concept of detnstttut1onallZalt01l per se was not bad The Idea that many, If not most, of the severeI~ and chromcalJy mentall~ III suffermg from senous tllnesses such as scluzophrema and mamc- depressIOn could be cared for as well ill commumty programs as m msutuuons, If not better, was 10 Itself not a bad Idea It was cl1n~ Ically sound and economIcally feasIble However, the way demsUtutJOnalIzation was ongmally earned OUt, through the poorly planned dIscharge of thousands of mentally III resldents of state hospua]s Into lDadequately prepared or programmatJcally deficIent commUIUues, was another thmg alto- gether. In addmon, as a result of the states' adnusslon dJ\'ersJOD pohcles, mcreaslDg numbers of "new" chromcally mentally III mdl- VIduals have never been msutlluonahzed, and have further expanded the homeless mentally ill populauon Vual res.ources for both groups have been lackmg They mclude adequate and mtegrated communny programs for these mdIvlduals, an adequate number and range of commurnty resldenual setuogs, ymh varymg degrees of superVlSlon and strUctUre, a system of foliow- up, morutonng, and responsibilIty for ensunng that sen~ces are prOVided to those unable to obtalD them; and easy access to short- term and long-term mpatlent care when indicated. The conse- quences of these gaps in essenual resources have been dIsastrous (see chapters 2 and 3). An emphasIS on homelessness per se deflects attennon from the baste, tmderlytng problem of eM lack of a comprehenstve support syStml for the severely and chranu:aIly mentally III As was noted above, It was not the concept of demsutuuonabzauon, but ItS unplementatIon, L 4 THE HOMELESS MENTAllY III that was flawed. All servIces av8l1able to patients wlnle they resIded 1D state facilities, includIng the function of asylum, were not avlUl- able when they returned to commuruty settmgs (see chapter 3) In addmon, in hospitals such services are provIded under one roof, and no such umbrella eXIsted m the commuruty Wlule temporary housmg such as shelters may be an imponant stopgap measure for many of the homeless mentally ill, mcreasmg the number of shelters merely postpones the day of reckomng when we will have to try to provIde all the servIces needed as well as a system to glue them together Such a support system can be famillal or mstltuuonal (that 15, provlded by mental health programs), or a combmauon of both, but soc1ety must ensure that the system eXists and IS adequate SOCletv's ambIvalence about wannng the mentGlly zll kept out of nght, whzle at the same nme oppOSIng mvoluntary mcarceratwn, must be better resolved, When demsututlOnal1zallon occurred, socJety reacted vehemently to the presence on our cJues' streets of the most sen- ollsly and chroIllcally ill pauents Yet sooety has mcreasmgly reJected the Idea of mvoluntanly comnurung such pauents to state hosp1tals for long perlOds of tuDe Currently few stares have cOIllIllltmenr laws that gIve fanuly members or those responsIble for treatment easy access to prompt treatment for persons whose mental illness has worsened or whose condlUon has detenorated severely SocIety cannot contInue to have 11 both ways. These major points of the Task Force report lead to three general statements that relate to proposed solutions to the problems of the homeless mentally ill First, there IS no nngle, sample solutwn to the problems of Jwmeless- ness Because of the dUferent subpopulauons of the homeless, the dIfferent causes of and reasons for homelessness, and the chfferent needs of the vanous subgroups, no one SOIUllOD w1l1 meet all the needs of the homeless Moreover, while temporary housmg, such as shelters, IS a necessary step, It J5 only a shon-term solution Second, solutlons must be targeted to the dlffenng populatlons ObVIously such wverse groups as the unemployed, those dIsplaced by gentnficatJon, alcohol1cs and drug abusers, and the severely and chromcally mentally ill have very dIfferent needs The solutions for those who are unemployed include Job assessment, placement, and - . . . . . . . . . . . t I i . - I I J 1 Summary and Recommendations 5 rttr:umng, for those dtsplaced by gentrificaoon, an ambitious DeW program of low-cost housing, for those suffenng primarily from substance abuse and alcohohsm, outreach seI'Vlces, detoXlficatJon facIlItIeS'. medical treatment, and a host of speCialized programs; and for those suffenng from severe and chrome mental illnesses, supervised housmg, medIcal and psyduatnc care, aggressIve case management and follow-up, and a mulophcny of other servIces Laszl).', the recammendatums thar follov..' will deal only WIth the mentally III homeless, the group WIth whIch tlus repon deals, DOt WIth the homeless m general To come to gnps WIth the problems of the homeless mentally Ill, we must address both short- and long-term Jssues sImultaneously. thus the recommendatlons suggest both lUlffiedlate and long-range acoons U'hlle other advocates and agen- cies WIll address the problems of other groups of homeless Amer- Icans, and some of thelI' proposals Will apply to the enure populatIOn of the homeless. we WIll confine our recommendaoons specmcally 10 the homeless mentally 111 The reeommendauons that follo\\ are proposed as opumal solu- !JDDS that all concerned segments of SOCIety should work to carry out Clearly thelf rmplementauon, however, will depend on SOCl- et' 's willmgness to reallocate resources to meet tlus pressIng prob- lem Recommendations Of the Task Force Major Recommendation To address ehe problems of the homeless mentally III an Amenca, a comprehenstve and tntegrared J)'Slml of care for thiS vulnerable popu- larlOn of the mentally tll, t;.,'tlh destgnated responstbtltly, wllh account- abdlt\', and 'Ultlh adequate flScal resources, mUSI be establIShed. Derivative Recommendations 1) Any attempt to address the problems of the 1umJeless menIally III must begm wllh provtSUJnS for meettng their basu rueds food, shelter, and clothIng The chronically mentally ill have a "ghl, equal to that of other groups, to these needs bemg met 2) An adequate number and ample range of graded, Step-u/lse, super- . ..- ! , . 6 THE HOMELESS MENTALLY ILL t1lSed communuy lwustng stlhngs must be establuhed. (See ~hJllpter 6.) While many of the homeless may benefit from temporary housmg such as shelters, and some !:.mJllII portion of the severely and cbron. . ically mentally ill can graduate to independent livmg, for the vast ma)onty neHher shelters Dor mainstream low-cost housmg are appropnate Most housmg setungs that reqwre people to manage by themselves are beyond the capabilines of the chromcally mentally ill Instead, there must be 5etungs offermg dlfferent levels of super. . VISion, both more and less mtenslve, mcludmg quarterway and half....'ay houses, lodges and camps, board-and-care homes, satellite hou~mg, foster or fanuly care, and cnSlS or temporary hostels 3) Adequate, comprehenSIve, and accesnble psyChullnc and rehabJi. uallve sertllces must be avaJwble, and must be assernvely prCYlJ1ded through outreach Sert-1US when necessaf)' (See chapters 5, 8, and 9 ) . Filst, there must be an adequate number of dtrect psydllatnc serv- Ices, both on the streets and In the shelters when appropnate, that provide (a) outreach contact ynth the mentally ill m the commumty, (b) psydllatnc assessment and evaluauon, (c) cnsls mtervennon, mcludIng hospnahzanon, (d) mdIVlduall7.l:d treatment plans, (e) . psychotropIc medlcanon and other somauc therapies, and (D psychosocial treatment Second, there must be an adequate number of rehablhtauve sen'lces, provldmg sociahzauon expenences, tram- 109 10 the skIlls of everyday hvrng, and SOCial rehabllJtauon. Thud, both treatment and rehablluauve services must be provided assert- ively-for mstance, by going out to pauents' hvmg serungs If they . do nOl or cannot come 10 a centralIzed program And fourth, the dIfficulty of workIng WIth some of these panents must not be under. esumated (see chapters 7, 9, and 11), 4) General medual assessment and care must be avadable (See chapter 11 ) Smce we know that the chromcally mentally ill have three . ODles the morbldny and mortahty of theJ1' couDterpans of the same age m the general populauon, and the homeless even h1gher rates, the ready availabllny of general medical care IS essennal and critical 5) Crms seroues must he avaJlahle and accesnhk Ie both the chron. t.Cally menially III homeless and the chronually mentally IU 111 general Too often, the homeless mentally ill who are 1D ensls are Ignored . because they are presumed, as part of the larger homeless popu- lauon, to reJect all conventJonal forms of help Even more map- propnately, they may be put mto inpauent hospital umts when rapId, specific mtervenuons such as medJcanon or cnsis housmg would be more effective and less costly Others, 10 need of acute . - --- -- . Summary ana Recommendations 7 . J f bospltsl1zauon, are denied If because of resmctJve admission cnte- ria or commitment laws. In any case, it will be chfficult to provide adequate CnslS sen1ces to the homeless mentally ill unul they are conceptualized and treated separately from the large numbers of other homeless persons 6) A s)'stem oftesponitbtltty for the chronually menzally dllwmg m 1M communal}' m:lSl be eszabluhed, unth the goal of ensunng thaI uln- JMlely each pallenr has one person resptJnS1.blt for hIS or her care Clearly the shIft of psychl8tnc care fmm lnslltutJonal to commuruty settmgs does not In anv way eh.'D.lIlate the need to continue the provision of comprehensIve serVIces to mentally ill persons. As a result, SOCI- et) must declare a pubhc pohcy of responsIbility for the mentally ill who are unable to meet theu own needs, governments must deSignate programs lO each reglOn or locale as core agencies respon- Sible and accountable for the care of the chromcally mentally 111 hnng there, and the staff of these agencies must be aSSIgned mdl- VIdual pauents for whom they are responsIble The ulumate goal must be to ensure that each chro01Cally mentally ill person m thts country has one person-such as a case manager or resource manager-who IS responsIble for ius or her treatment and care For the more than 50 percent of the chronically ill population b"mg at home or for those Wlth pos!U\'e ongomg relauonslups WIth theII fa.m.ilies~ programs and respIte care must be proVIded to enhance the famIly's abllny to provIde a suppon system. Where the use of fanuly systems IS not feasIble~ the pauent must be lmked up WIth a formal commumty suppon system In any case, the enure burden of demsutul1onahzauon must nOl be allowed to fall upon fanuhes (see chapter 13) 7) Bane changes mUSl be made tn legal and admlnlstrattve procedures to ensure contInumg commumty care for the chronually mentally dl. (See chapter 12 ) In the 19605 and 1970s more stnngent conumt. mem laws and pauems' ngh!s advocacy remedIed some egregIOUS abuses m publIc hospItal care, but at the same tune these changes neglected patIents' nght to hlgh-quallty comprehenSIve outpauent care as well as the nghts of families and society. New laws and procedures must be developed to ensure prOVlSlon of psychiatnc care In the communlly-that IS, to guarantee a nght to treatment m the community. It must become eaSIer to obtarn conservarorsmp status for outpa- tIents who are so gravely disabled andior have such impaired Judg- ment that they cannot care for themselves m the communlty Wlthout ~ '" . t 8 THE HOMELESS MENTALLY lu legally sancuoned SUperviSIon Involuntary cOlIllIlltment laws must be made more humane to pennlt prompt return to active inpatient treatment for pauents when acute exacerbauons of theu illnesses make thelt lives In the commumty chaotJc and unbearable. Invol. untary treatment laws should be revised to allow the opuon of outpauent clvll commltment, m states that already have provIsIons for such treatment, that mechamsm should be more wIdely used Fmally, advocacy efforts should be focused on the avatlability of competent care ill the cornmumty 8) A system of coordmacum among fundtng sources and tmplemen- tanon agencieS must be establz~hed. (See chapters 2,5, and 8 ) Because the problems of the mentally ill homeless must be addressed by mulnple publ1c and pnvate authonues, coordmauon, so lackmg m the demstnuuonahzatlon process. must become a pnmary goal. The ultImate obJectlve must be a true system of care rather than a loose network of servIces, and an ease of commumcauon among chfferent types of agencIes (for example, psyeh..1amc, SOCial, vocanonal, and housrng~ as well as up and down the govemmentalladder, from local through federal One charactensnc of a genwne system IS the ability to fleXibly alter roles, responSlbiliues, and programs as speclfic servIce needs change, and tlus ulumate end must be stnven far. 9) An adequale number of profesnonais and paraprofemonals must be rramed for communtl)' care of the chron~al/y ill. Among the addi- nonal specially traIDed workers needed, four graups are partIcularly l111portant for thIs populauon. (a) psyduatnsts who are slulled In, and Interested In, workIng With the chrome ally mentally llP, (b) outreach workers who can engage the homeless mentally ill on the streets, (c) case managers, preferably With suffiCIent trlllIllng to proVide therapeuuc mtervenuans themselves, and Cd) conservators, to act for patIents too dIsabled to make chmcally and economIcally sound declSlons. 10) General soczal servu:es must be prO'l.'1.Jed. Besides the need for Specl:1IJ7ed SOCIal sen'lces such as S()('I:1I17.:ltJon expenences and ttammg 1 Readers desmng specIfics of how to mterest psyduatnsts m treatmg the ChrOD- !call} mentally ill and how to proVide relevant trauung are referred to "Encour- agmg PsyduatnsIS to Work W'uh ChrODlC Pauents Opponu.Dltles and Lmurauons of ResIdency EducaUOD," by Anhur C Nlelscn, Leorwd I Stem, John A Talbott, and others ID HospuaI and CmnmlUuty PsycJnarry, volume 32, 1981, pages 767- 775, and "Treatment and Cart of the Chronically Mentally Ill, chapter 7 In TIu Chrcmu; Mtr1lal Patum Five Years Laler, ed!ted by John A Talbott, Grone & Stratton, ID press for 1984 , -A . . . . . . . . . . . Summary and Recommendations 9 m the skills of everyday hvmg (referred to in RecommendatIOn 3), there IS also a pressmg need for generic social services Such services 11lclude escort servIces to agencies and potenual reSIdential place- menrs, help ~1th appbcauons to enut1ement programs, and aSSIS- tance ill mobilizmg the resources of the fanuly 11) Ongomg asylum and Sa7UlU07)' should be avatlable for lhat small proporttOn of the chrofUcaLJy merually tll 'lL,ho do Mt respond to current methods of lTtarment and rehabl1tlalUm (See chapter 3 ) Some pauents, even wnh h1gh.qualIty treatment and rehabIlnauon efforts, remam dangerous or gravely chsabled For these pauents, there IS a pressmg need for ongomg asylum in long-term setUDgs, whether m hospItals or m facIlIues such as Cahforrua's locked skIlled nursmg faclhues that have specIal programs for the mentally III 12" Research mto the causes and treatment of both chrome mental Illness and homelesmess needs to be expanded ~1111e our knowledge has greatly advanced ill recent years (see chapters 4 and 10), It IS stIll lumted Treaunent of chrOnIC mental Jllness remams largely palhauve, and defiruuve treatment wIll occur only With an adequate understandmg of etIOlogIC processes In addlOon, our understand- mg of dlfferentlal therapeuucs--that IS, what treatment works for whIch pallents III what setungs-ls III Its lllfancy and requIres !Dcreased resources and attenUon 13) More accurate epIdemIologIcal data need to be gathered and analyzed Currently the research fmdmgs of mCldence of mental Illness among homeless groups are fughly vanable, rangmg up 10 91 percent, these dIfferences depend largely on such methodologIcal Issues as where the sample]s taken, whether standardJZed scales or comparable cntena of illness are used, and theorencal bIases (see chapters 4 and 14) Better data, usmg recognIZed dIagnOStIC cntena, need to be acqUIred 14) Fmally, add1l1onal montes must be expendedfor ltmger-lmn $o/u- lWnS for the homeless mentally III Although health and menta] health costs and fundmg m thlS country have recently Increased., the home- less mentally ill have nor been beneficlanes of t1ns Increase. There- fore, adequate new momes must be found to finance the system of care we envlSlon, whIch Incorporates supervIsed IIvmg arrange- ments, assertIve case management, and an array of other servIces In addlOon, fmanctal support from eXlsnng enndement programs such as Supplemental Security Income and MedicaId must be ensured. In summary, the soluuons to the problems of the mentally ill l I "- 10 THE HOMELESS MENTAllY ILL homeless are as mamfold as the problems they seek to remedy. However, only wnh comprehensIve shon- and long-leon soluuons will the pl1ght of thts most neglected populauon in Amenca be addressed. , ~ - - - - -