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House Bill 5, which criminalizes 'unlawful camping,' moves to Senate floor

Tara Hyde, CEO of People Advocating Recovery, Mandi Fugate Sheffel owner of Read Spotted Newt, a Hazard bookstore, and Stephanie Johnson of VOCAL-KY join George Eklund of Louisville's Coalition for the Homeless in speaking against HB 5.
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Tara Hyde, CEO of People Advocating Recovery, Mandi Fugate Sheffel owner of Read Spotted Newt, a Hazard bookstore, and Stephanie Johnson of VOCAL-KY join George Eklund of Louisville's Coalition for the Homeless in speaking against HB 5.

The "Safer Kentucky Act" is a broad bill which proponents say takes a “tough love” approach to crime. It proposes life sentences for felons after their third violent offense, as well as increased punishments for acts like selling fentanyl and carjacking.

One of the more contentious portions of the bill is the criminalization of "unlawful camping" - or, sleeping on the street - which the bill’s supporters say is intended to compel individuals with substance use disorder to seek treatment rather than jail time.

Ryan Straw, Vice President of Kentucky's Fraternal Order of Police, addressed the Senate Judiciary Committee this morning to voice his support of the bill.

“We’re trying to get people into treatment," said Straw. "Law enforcement wants to see that, I know that legislators that are in support want to see that, and I would argue that even those in opposition probably are interested in getting these folks treatment as well.”

The bill’s critics, however, say treatment is not a universal fix for people experiencing homelessness. George Eklund, director of Education and Advocacy for Louisville’s Coalition for the Homeless says of the city’s 1600 people without shelter on any given night, only about 37% have substance use disorder.

“We have the treatment beds, which are a huge investment and a huge asset for our communities, but affordable housing is an issue for everyone," said Eklund. "A treatment bed is a clinical setting that is useful for getting people detoxed. What we lack is a continuum of housing options for people who are exiting treatment after that 28th day.”

Eklund said other factors which drive homelessness are unaddressed by the bill.

“What we have is a compounding issue because of rising rents, because of our lack of affordable housing, where we’re having families sleeping in cars, where we’re having young people who are couch surfing or sleeping in a library while trying to get their education.”

HB 5 passed the Senate Judiciary Committee and heads to the floor.