Ind. Code ch. 36-1-31.5

Ind. Code § 36-1-31.5-1 Street camping prohibition; enforcement; citation; criminal penalty; diversion program; defense

Sec. 1. (a) A person may not camp on, sleep on, or use for long term shelter land owned by the state or a political subdivision, unless the land has been authorized for that use by law. (b) If a person violates subsection (a), the law enforcement officer who discovers the violation shall first determine if there are reasonable grounds for an emergency detention of the person. If there are reasonable grounds for an emergency detention, the law enforcement officer shall proceed under IC 12-26-5 and not this chapter. (c) If: (1) a person violates subsection (a); (2) the person has not previously violated subsection (a); and (3) subsection (b) does not apply; the law enforcement officer who discovers the violation shall first give the person a warning and provide the person with information regarding locations authorized by law to provide services or shelter. (d) A person who knowingly or intentionally violates subsection (a) commits street camping, a Class C misdemeanor, if: (1) subsection (b) does not apply; (2) the person has received a warning under subsection (c); (3) at least forty-eight (48) hours have elapsed since the warning was issued; and (4) the person is camping or sleeping on, or using for long term shelter, land owned by the state or a political subdivision that is located within a three hundred (300) foot radius of the location where the warning under subsection (c) was issued. (e) A person charged with an offense under subsection (d) is eligible to participate in a diversion program, including: (1) a prosecutorial diversion program under IC 33-39-1-8; or (2) a forensic diversion program under IC 11-12-3.7. (f) It is a defense to a prosecution under subsection (d) that: (1) no beds are available to the person at a shelter or treatment facility located within five (5) miles of the location where the violation occurred; or (2) less than six (6) months have passed since the person was released from a facility in which the person was held following a finding that the person was mentally ill and either: (A) gravely disabled; or (B) dangerous; under IC 12-26. As added by P.L.138-2026, SEC.5.

Ind. Code § 36-1-31.5-2 Mental health referral program

Sec. 2. The court may refer a person charged with an offense under section 1 of this chapter for evaluation and treatment under IC 33-23-18-6. As added by P.L.138-2026, SEC.5.

Ind. Code § 36-1-31.5-3 Policies of a political subdivision

Sec. 3. (a) A political subdivision shall not adopt or enforce any policy under which the political subdivision prohibits or discourages the enforcement of any order or ordinance prohibiting public camping, sleeping, or other obstruction of a sidewalk. (b) In compliance with subsection (a), a political subdivision shall not prohibit or discourage a law enforcement officer who is employed by or otherwise under the direction or control of the political subdivision from enforcing any order or ordinance prohibiting public camping, sleeping, or other obstruction of a sidewalk. As added by P.L.138-2026, SEC.5.

Ind. Code § 36-1-31.5-4 Local law enforcement agency; reporting requirements

Sec. 4. Not later than March 1 of each year, each local law enforcement agency shall provide to the state police department the number of citations issued and arrests made for violations of section 1 of this chapter by the law enforcement agency during the preceding calendar year. As added by P.L.138-2026, SEC.5.

Ind. Code § 36-1-31.5-5 Programs encouraging diversion or services

Sec. 5. (a) Subject to subsection (b), this chapter does not prohibit a policy, program, or order of a political subdivision that: (1) encourages a diversion program; or (2) encourages or requires providing housing or shelter services in lieu of a citation or arrest. (b) A policy, program, or order described in subsection (a) may not allow a person to remain in the area described in section 1(c)(3) of this chapter beyond the forty-eight (48) hour period of time after receiving a warning under section 1(b) of this chapter. As added by P.L.138-2026, SEC.5.