Some argue new Kentucky law criminalizes homelessness, others say it helps connect people to resources

LOUISVILLE, Ky. (WDRB) -- A sweeping Kentucky crime law is now in effect in the Commonwealth.

The Safer Kentucky Act, which went into effect July 15 adds carjacking and other crimes to Kentucky's list of violent offenses, beefs up penalties for killing first responders and enacts new penalties for fentanyl trafficking and other related drug charges.

It also sets spending limits for charitable bail organizations and removes parole options for people with three convictions for violent crimes— and, in some cases, includes the death penalty.

The law also addresses street camping by making repeat camping in public areas, such streets or beneath overpasses, a misdemeanor.

The first offense is a violation. The second offense is a misdemeanor.

George Eklund with the Coalition for the Homeless in Louisville said he feels talks with lawmakers about the legislation were productive, but argues the Safer Kentucky Act criminalizes homelessness.

"Our job is going to be harder. We're going to have to navigate new barriers and find new solutions to get people off the street and into housing," said Eklund.

But Kentucky state Rep. Jared Bauman, a republican from Louisville, disagrees.

"It certainly doesn't criminalize homeless," said Bauman. "What we're looking to do here is it does is help connect the homeless population to the services they need."

WDRB has been trying to get an answer from the city about what enforcement would look like in Louisville.

"Our Homeless Services team works every day to connect people in crisis with emergency shelter and other services. It is also critical that our streets, sidewalks, bus stops, and other public spaces are safe and accessible for everyone. We will continue with this approach to address our homelessness challenges while we build the Community Care Campus and advance plans for a Youth Shelter," said Kevin Trager, a spokesperson for the mayor's office in a statement.

Tuesday, Mayor Craig Greenberg said the city has been in "consultation" with the County Attorney's Office.

"... we're going to continue right now doing what we're doing, which is ensuring that our streets are safe and healthy for everyone," said Greenberg.

He said everyone has the right to have access to safe, healthy streets.

"At the same time, individuals who are on the streets for the wrong reasons and creating disturbances, we will hold them accountable. Louisville is not going to be a city where individuals can assault others, where individuals can defecate or do other things on the streets and if individuals are committing disorderly conduct like that that have been crimes for a long period of time, we are going to hold individuals accountable. I believe we have made progress in that regard so far and we will continue to," said Greenberg. "But let me be very clear, when it comes to individuals who are experiencing homelessness, the best thing that we can do is provide them with more services and shelter."

The Lexington Police Department released a statement saying in part that it doesn't believe the Safer Kentucky Act will significantly change its department's approach when interacting with Lexington's homeless population.

"Lexington has had individuals experiencing homelessness before HB5 and the department will continue to work with partners such as the Office of Homelessness and Prevention, Community Paramedicine Program, and other community partners to offer resources and support.

Officers can make arrests for criminal acts – such as trespassing, but we do not believe a significant increase in arrests will be made under this new law. This new law allows officers to use their discretion. We trust our officers to make the right decisions and trust that the actions they take will be justified.

For us at the Lexington Police Department, our top priority is the safety and well-being of everyone."

Louisville police declined an interview this week on how it will enforce the new law, saying the department is still reviewing the Safer Kentucky Act. LMPD hasn't yet responded to an open records request from WDRB seeking any internal policies created in response to the legislation.

"I want to see the law play out as intended. I want to see the law help homeless people as intended," Rep. Bauman said. "I want to see this law help the citizens of Louisville, help tourists that come here to visit, help business owners, help private property owners as it should."

Eklund said he wants to make sure the homeless won't be targeted.

"I hope that this is equally applied across the whole community and it's not a mass event -- that we don't see dozens or hundreds of people getting cited each day," he said.

The law also allows local governments to designate indoor or outdoor areas as a temporary camping location for people who are homeless. Bauman said those locations would be required to have restrooms and water.

But some homeless advocates said what's really needed is more shelter space and affordable housing.

"What we need right now in Louisville is we need to increase our shelter capacity. We need to increase our affordable housing options around the city, and we need to increase the level of services," said Eklund.

Eklund said a big issue is rising rents coupled with a lack of housing options.

"... and we don't have enough resources to get people off the street and into housing," he said.

There are plans for a Community Care Campus in Louisville to provide shelter and medical care to the city's homeless. Greenberg said the first phase is a family center, which is expected to be under construction this fall.

"Mayor Greenberg and his administration have done some great things in trying to tackle this problem and we in the General Assembly want to help with that," said Bauman.

Bauman said he's meeting later this month with Greenberg's office to discuss the Safer Kentucky Act.

"We want people to feel safe so they can get out and enjoy everything our city has to offer and really help our local economy thrive," said Bauman.

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