Why am I seeing more homeless people in Carlsbad?
The pandemic has impacted everyone in the community, especially the homeless. Many areas frequently accessed by this population have had to modify their services or temporarily close their indoor services. As a result, more people are out on the streets and visible to the community.
In addition, jails are not booking individuals for “lower-level offenses” due to COVID-19 concerns. Individuals who would be incarcerated for possession of illegal substances or theft may not be held at the county jail due to these limitations. Lastly, a court case, Martin v. Boise, 902 F.3d 1031 (2018), says that cities cannot criminalize a person for unavoidable conduct of being homeless, such as sitting, lying or sleeping in public, unless the jurisdiction has available shelter space for its entire homeless population or unless criminal laws restricting such conduct are tailored with time, place and manner restrictions (among other limited exceptions).
A governmental agency can only prosecute homeless people for sleeping in public if it has available shelter space for its entire homeless population. As a result of this decision, the Carlsbad Police Department has limited its enforcement of the city’s unlawful camping ordinance and you may be seeing more homeless people on public property.
Does this mean the police cannot do anything about community concerns?
No. People experiencing homelessness must follow the law. If you observe ANY illegal behavior – drug use, drug possession, stolen property, theft, etc., you can report that behavior to 911 or call the non-emergency police line at 760-931-2197.
Is the number of homeless people increasing in Carlsbad?
We know that the economic impacts of COVID are affecting many people, including people experiencing homelessness or at risk of homelessness. The city and county have created rental assistance programs to help individuals and households reduce the risk.
According to the annual Point in Time count, the number of people experiencing homelessness decreased in Carlsbad by 38% between 2018 and 2020. Due to COVID, there was no Point in Time count in 2021. The city began implementing its homeless response plan in 2017.
What is the city doing to address homelessness?
The city began implementing a comprehensive approach to addressing homelessness in 2017. This includes:
Creating a full-time Homeless Outreach Team consisting of specially trained police officers and social workers who go out into the field to engage with individuals experiencing homelessness to get them linked with the right resources and make sure they are following the law.
Implementing regular cleanups of encampments through early 2020, when the CDC called for a temporary stop to cleanups due to COVID-19.
Increasing the supply of affordable housing and hiring a full-time housing navigator to help people find affordable housing.
Dedicating grant programs to non-profit organizations with programs to reduce homelessness.
Updating city laws related to parks, open space, encampments and housing.
Forming a regional task force to coordinate efforts among all North County cities.
You can read the plan and see progress on each of the action steps on the city’s website.
Is the city’s plan working?
Homelessness is a nationwide problem that requires long term, systemic changes to effectively address. The city has made good strides toward addressing homelessness on the local level, but more work is needed. The City Council will discuss the city’s homeless response efforts at two upcoming meetings: its March 11 goal setting meeting and its March 23 City Council meeting. Based on the City Council’s direction at those meetings, city staff may make changes to its approach.
Why do I keep having problems with the same individuals?
The Police Department enforces all laws and responds to all calls for service, but the county and the state determine whether or not to hold someone in custody and for how long. Due to overcrowding of local jails and concerns about COVID-19 spread, people are not typically held very long, if at all, for many types of offenses.
What can be done about people experiencing mental illnesses, using drugs or both?
Most drug use is illegal, and the police enforces laws related to drug use and public intoxication. However, the county and state determine how long someone is held in custody, if at all. When it comes to mental illness, a police officer or trained clinician may hospitalize those who pose an immediate threat to their safety or the safety of others or who are gravely disabled. Once taken to the hospital, a person must meet “medical necessity” to remain hospitalized. Once that immediate threat passes, they can no longer be held against their will. Individuals can be placed on conservatorship, but that decision must be made by a judge.
The National Alliance on Mental Illness in the U.S. reports one out of five Americans experience mental illness and one in 25 have a serious mental illness such as schizophrenia, bipolar or psychosis. There has been an increase in mental health resources for individuals who are a history of homelessness. Our Homeless Outreach Team is familiar with these resources and last year made 20 referrals to the In-Home Outreach Team North, 14 referrals to the Psychiatric Emergency Response Team, and nine referrals to North Coastal Assertive Community Treatment. Here are some of local mental health resources that the team refers to the most.
In-Home Outreach Team is one of the most effective outreach programs for individuals who are resistant to mental health services. IHOT North – MHS | Mental Health Systems (mhsinc.org)
The City of Carlsbad has a full-time Psychiatric Emergency Response Team officer who responds to mental health crises to all community members living in Carlsbad. Community Research Foundation (comresearch.org)
Assertive Community Treatment programs North Coastal ACT – MHS | Mental Health Systems (mhsinc.org)
The county also employs homeless outreach workers to help bridge individuals experiencing homelessness to behavioral health and substance use treatment programs.
Homeless Outreach Workers Locations (sandiegocounty.gov)
What shelters are available in and around Carlsbad?
The number of homeless individuals in the city far outpaces the number of existing shelter beds, transitional housing, or permanent supportive housing units available.
In 2019, the Point-in-Time data showed 1,540 men, women, and children were homeless in North County (964 of whom were unsheltered), but there were only 144 year-round emergency shelter beds available. In North County, there are three permanent emergency shelters:
Haven House in Escondido (which accepts single men and single women)
Operation HOPE in Vista (which accepts single women and families)
La Posada in Carlsbad (which accepts single men)
What can I do?
Community input is always encouraged. If you’d like to discuss the city’s homeless response efforts, please contact our Homeless Response Plan Manager Holly Nelson.
