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'Safer Kentucky Act': Bill would criminalize street camps, sleeping in undesignated areas

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Posted at 11:17 PM, Jan 10, 2024
and last updated 2024-01-10 23:30:40-05

FRANKFORT, Ky. (LEX 18) — A bill filed by Republican lawmakers in the Kentucky House on Tuesday would criminalize homeless camps and sleeping in undesignated areas.

House Bill 5, also known as the "Safer Kentucky Act," has drawn some controversy among leaders across the state.

The wide-reaching bill is designed to address violent crime across the state by adding stricter penalties for a number of offenses. Those include fentanyl trafficking, evading law enforcement, vandalism and attempted murder, among others.

Also included in the bill is a section to address homelessness.

HB 5 would ban street camping in most public areas, with the exception of specific areas designated by local governments for camping. In those areas, basic sanitation needs must be met.

It would also mandate that any permanent housing established by state and local governments must implement certain requirements for those who live there.

"Behavioral and rehabilitative requirements shall at a minimum include requirements that individuals utilizing such initiatives cease or refrain from the illicit use of controlled substances and excessive use of alcohol, consent to treatment of any mental health conditions, and refrain from any criminal activity," the bill reads.

Rep. John Hodgson (R-District 36) was one of several GOP representatives from the Louisville area who spoke about the Safer Kentucky Act on Tuesday.

"Studies show that somewhere around 70 percent or more of the unsheltered homeless population has either serious mental illness or drug abuse problems. Many of those individuals choose to not seek rehab. And there's nothing compassionate about leaving someone on the street with untreated mental illness and drug addiction," Hodgson said.

Many have challenged that view.

Lexington council member Tayna Fogle of District 1 criticized the bill as an attack on those experiencing poverty.

"I'm just ashamed that this bill even came into fruition and I'm asking people to call their legislators and say no," Fogle said.

She pointed to the Hope Village in Lexington, a temporary housing shelter for the winter, which is already at capacity most nights.

"I'm asking lawmakers to come and do a ride along with me in the first district," she said. "I'd like them to come to Hope Village and see where we are making strides."

Khelzie and James Mitchell of Lexington also disagree with the changes laid out in the bill. Previously homeless themselves, the couple now operates an organization that provides warm meals, blankets and winter gear to those experiencing homelessness.

"If they are not hurting nobody, in nobody's way, they should be able to pitch up a tent, sleep in their car, whatever the case may be," James Mitchell said.

State reps behind the bill, however, argue the bill is a step towards getting people off the street and into resources where they can be assisted.

"Hopefully it will be the most compassionate thing we can do as a society, is to nudge those people towards getting the help they need," Hodgson said.

The Hope Village is urgently in need of donations of blankets during the winter months. Donations can be brought directly to the village next to the YMCA on Loudon Avenue.

The Mitchells are also collecting donations, as they provide food and blankets to those in need every Tuesday at 6 p.m. across from the Vine Street LexTran facility. More information can be found on their Facebook page.