Steve Binder, of the San Diego Public Defenders office, is the co-founder of the Homeless Court Program. Mr. Binder is also a member of the American Bar Association Commission on Homelessness and Poverty.
Homeless Court Description
Homeless Court Program (HCP) is a special Superior Court session for homeless defendants --- convened in a homeless shelter --- to resolve outstanding misdemeanor offenses and warrants.
The HCP builds on partnerships between the court, local shelters and service agencies, and the prosecutor and public defender. It works to resolve the problems that homelessness represents with practical solutions. Initial referrals to Homeless Court originate in shelters and service agencies. The prosecution and defense review the cases before the court hearing. The court order for sentencing substitutes participation in agency programs for fines and custody. The HCP is designed for efficiency: the majority of cases are heard and resolved, and people are sentenced, in one hearing.
History
In 1989, San Diego started the first Homeless Court Program in the nation, a special Superior Court session held at local shelters for homeless defendants to resolve outstanding misdemeanor criminal cases. The Homeless court responded to a survey where one in five homeless veterans requested help with the criminal justice system.
Following this first Homeless Court, the San Diego Court reported 130 defendants had 451 cases adjudicated through Stand Down in 1989. The following year, 237 homeless veterans addressed 967 cases. Between 1989 and 1992, 942 homeless veterans resolved 4,895 cases in Stand Down courts. The continued large numbers of homeless people participating in the Homeless Court Program, 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 Homeless Court expanded to serve battered and homeless women (1990), residents at the city sponsored cold 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 and Vietnam Veterans of San Diego), with a grant from the Bureau of Justice Assistance/Department of Justice.
To counteract the effect of criminal cases pushing homeless defendants further outside society, this court combines a progressive plea bargain system, alternative sentencing structure, assurance of "no custody" and proof of program activities, to address a full range of misdemeanor offenses and bring them back into society.
Core Elements
Voluntary Program
Homeless participants voluntarily sign up to participation HCP during a Stand Down, this will need to be done during a pre-registration process so the necessary documents can be pulled. The HCP homeless participant is entitled to all protections afforded by due process of law. No one gives up the right to go to trial or pursue motions challenging the allegations against him/her.
Addresses Full Range of Misdemeanor Offenses
The HCP addresses a broad spectrum of misdemeanor offenses, including, under the influence of a controlled substance, theft, and driving under the influence charges. The HCP recognizes people can overcome great obstacles, and serious misdemeanor offenses, and that these cases represent but one part of their lives, not the whole of the individual. It is important to realize that most of the time these offenses are due to their homeless condition. Participants who appear in Homeless Court with serious misdemeanor cases submit proof of completion in significant program activities throughout the Stand Down. In many circumstances, the participants program activities voluntarily exceed the demands a court might order for treatment for low term felony cases (e.g. certain drug ant theft charges).
Progressive Plea Bargain
The HCP offers a different plea structure from the traditional court proceeding. The HCP plea agreement responds to the cases/offenses the homeless participants receive due to their condition and status: living on the streets. Additionally, the HCP agreement acknowledges the efforts the participants undertake before their appearance in court. The plea agreement recognizes the participant has completed the court order before the court imposes sentence. The participant has performed the program activities without the threat of custody or a larger fine. The participant completed the order before it was given because that is what he/she needed to do to make a move from the streets, through the shelter program, to self-sufficiency.
Alternative Sentencing
The HCP "sentences" participants to take part in activities in the stand down. Local homeless shelters and agencies are the gateway for participants to enter this court.
The alternative sentencing structure is not coercive or punitive in nature, but rather designed to assist homeless participants with reintegration into society. With alternative sentencing, the HCP gives "credit for time served" for the participant's accomplishments in Stand Down activities. These activities include life-skills, chemical dependency or AA/NA meetings, computer and literacy classes, training or searching for employment, medical care (physical and mental), counseling and volunteer work. These activities replace the traditional court sentence options of fines, public work service and custody. In some cases participants will carry around registration cards that will be signed off at each of the stations throughout the event.
The purpose of these hearings is to enable the participants with a way out of the problems they are having, want to move them forward in their lives.
Stand Down
Andre Simpson, the Community Reintegration Director with Vietnam Veterans of San Diego. Mr. Simpson coordinates the organization's monthly Homeless Court Program, implements and manages a 150-bed male veteran seasonal shelter, and collaborates with San Diego County Department of Child Support Services to implement and manage a Non-Custodial Parent Program
The term Stand Down comes from military troops in combat. This term is used to describe a time of rest and recovery from a battle. The Stand Down in San Diego is a three day event but length can vary depending on the types of services you are providing. Goal of the event is to bring services together in one area allowing easier access for those individuals living on the streets.
Planning
Planning takes lots of time. VVSD begins their planning in February for the event in July each year. Important agencies you want to involve include the public defenders office, city officials, county clerks, VA, employment development department and the community based organization in the area.
Structure
When clients first attend the Stand Down they have no sense of community from their life on the streets. The Stand Down brings them together with others and builds a sense of community. The participants work together and support each other.
Services
The Stand Down strives to bring as many services as possible together in one place. Typical services include mental and substance abuse counseling, NA/AA meetings, medical assessments, food services, and employment services.
Each participant is encouraged to pre-register for the event. This will allow proper planning on the needs and wants of the clients. Pre-registration also captures what individuals need court proceedings, in some cases the court is also able to help family members of the veterans during the Stand Down event.
Typically the San Diego stand down has 26-29 tents available for participant to live in during the event. Each tent has a leader responsible for the participants in that tent. They provide support for the individuals in their tent. Placements are made to tents on a first come first served basis, encouraging pre-registration. At the conclusion of the event arrangements are made to try and reserve beds for those needing them.
Homeless Court
Marsha Duggan, deputy public defender with the Law Offices of the Public Defender of San Diego County. Ms. Duggan is the lead attorney at court proceedings on site at Stand Down and shares in the responsibilities of the monthly Homeless Court calendar.
The cases heard in homeless court are usually the most simple but remain the most difficult to resolve due to the homeless state of the accused. Homeless court is open to all homeless individuals. Stand Down is only open to veterans and their families.
In San Diego, the county clerks will orient and search for all of the necessary cases as well as transport them to the site of court. This takes a team of dedicated individuals and requires planning and time.
Court will start on Saturday and the cases are negotiated face to face. The resolution is finding solutions and helping individuals get better and moving them forward in their lives. In all aspects the "court" is modeled after a real court, just the location has changed. The biggest difference that can be seen is between Friday and Saturday when clients realize that their issues can be resolved and they can move forward.
The court is ran in the traditional sense while still making the participants feel comfortable. This is a great program and allows all those involved to feel like they are really making a difference. Most often the work of individuals is applauded and work begins to move them ahead in their life.
The biggest task is finding the cases and brining them together. Most individuals will have multiple cases and all most be tracked down before the court begins on Saturday.
Remember that this is a join effort and that everyone is part of the process. The community must stand behind what you are doing, there is just to much to be done without their support.
Only misdemeanors are heard, no felonies. If future cases need to be heard then arrangements are made to allow for this.
In the beginning the judges may be skeptical but in the end they love it because they are able to make such a big difference. The nicest thing to see if the change of the clients between Friday and Saturday, they see that there is hope and are ready to move on. The process really works and is a wonder to see every year.
Amy Horton-Newell, Staff Attorney for the ABA commission on Homelessness and Poverty
The ABA is supportive of homeless courts to solve problems and provides resources and TA for those hoping to start a program in their area. Visit www.abanet.org/homeless and download the two publications on the homeless court programs. There is also a brief video available showing the evolution of the San Diego stand down. If you would like a copy send an email to homeless@abanet.org
The official policy supporting homeless courts is also available on the website. This can be helpful when reaching out to public defenders and judges. They are happy to provide any resources they can to assist you and your efforts.
Steve Binder
Before the start of the event, there are a number of documents to put everyone working on the project on the same page. Registration allows those involved what they are looking at in terms of numbers and cases as well as allows for the proper documentation to be pulled as well.
Example Stand Down memos are available on the aba website in the first publication. It is possible for the program to handle a large volume of cases, you just have to be prepared and organized.
There is also a memo for court personnel and tent leaders. This allows them to discuss the homeless court program to participants and gives them knowledge of how best to assist participants.
The tent community often provides encouragement to participate in the process as they travel to dinner and activities together and often court proceedings.
Friday night the cases are reviewed. The clients show up to get information, if they chose to walk away after that it is fine, no pressure is applied. They are just reminded that this will always be there and they will need to resolve it at some point.
The client checks in with the clerk on Saturday and then they will be sent to fill out forms for follow up. The cases are listed as well as what the sentence might be. Each client will be carrying a registration card with them during the event. On the back of the card are all of the services offered during the Stand Down. The court will help to identify what the needs of the client are and will then help them to get those. Tent leaders will often lead those with special needs to the services they need. Tent leaders will watch over them throughout the event as needed.
Sometimes a community program will have a better insight to the individual's needs. The homeless court program allows for all sides to be heard and taken into consideration when make a sentence.
In 2004, 184 participants resolved 576 cases during the San Diego Stand Down event. There is a great deal of planning, from participants stepping forward to VVSD providing services to court services. This program allows participants to focus their time on recovery and move forward.
This program can be done anywhere. San Diego is a conservative area; you just need to demonstrate how it could work in your area.
When addressing a judge first describe the problem, homelessness, and then discuss how you will resolve the problem, Stand Down events etc. The homeless Court describes the problem as the homeless state of their clients and then they offer a resolution to alleviate the judge's frustration of seeing the same person over and over again. The community can also show support and encourage the judge's participation. The problem is larger and needier than you think, figure out how best to describe the need in your area and then move forward.
Stand Down Manuals are available from Andre Simpson, email andre.simpson@vvsd.net or by phone 619.497.0142.
Steve Binder can be reached at steve.binder@sdcounty.ca.gov or by phone at 619.338.4708.
Marsha Duggan can be reached at marsha.duggan@sdcounty.ca.gov or by phone at 619.338.4720.
