Homeless Court Program

The Problem

Resolution of outstanding misdemeanor criminal cases is a real and fundamental need for homeless people. Most homeless defendants fail to appear in court, not because of a disregard for the court system, but due to their status and condition. For many homeless people, the day is consumed with a search for food, clothing, and shelter. Most homeless persons are not in a position to fight the procedural or substantive issues a case presents.

The homeless are aware that the court also requires a decent appearance. Not wanting to make a bad first impression, a homeless person with poor hygiene or without a place to store belongings may choose not to appear in court at all. Many homeless people are reluctant to attend court given the uncertainty of court proceedings and the threat of custody.

The homeless have requested assistance with outstanding criminal cases. In 1988, at the conclusion of the first Stand Down (an annual three-day tent community providing comprehensive services for 700 homeless veterans), 116 of 500 homeless veterans stated their greatest need was to resolve outstanding bench warrants.

History

In 1989, San Diego started the first Homeless Court Program in the nation, a special superior court session held on handball courts. Three gray concrete walls at San Diego High School's athletic field surrounded foldout tables and chairs. Desert camouflage netting sheltered the court from the sun. The flag of the United States anchored one corner; that of the State of California, the other. The defendants appearing before this outdoor Homeless Court were veterans who live outdoors on the streets of San Diego, but for three days they were sheltered in tents and received employment counseling, housing referrals, medical care, and mental health and other social services.

Following this first Homeless Court, 130 defendants had 451 cases adjudicated through Stand Down in 1989. Between 1989 and 1992, the court resolved 4,895 cases for 942 homeless veterans.

The continued large numbers of homeless people participating in the HCP, coupled with their efforts to overcome the obstacles their condition represents, fostered the program's expansion from an annual, to a quarterly, then a monthly schedule. Over the years the HCP expanded to serve battered and homeless women (1990), residents at the city-sponsored cold [Page 218]weather shelter (1994), and the general homeless population served at local shelters (1995). In 1999, the HCP started holding monthly sessions, alternating between two shelters (St. Vincent de Paul Village and Vietnam Veterans of San Diego).

Purpose

The HCP plea agreement addresses the cases/offenses involving homeless participants due to their condition—living on the streets—and a full range of misdemeanor offenses. Additionally, the plea agreement acknowledges the effort participants undertake before their appearance in court, satisfying the requirements of the court order before the court imposes a sentence.

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