Change to conduct code allowing easier arrest of homeless gets initial OK from Assembly
- Mark Sabbatini
- 9 hours ago
- 6 min read
Supporters say proposal will protect social service agencies and people on streets behaving responsibly
Easier arrests of homeless people for disruptive actions got an initial nod of approval from the Juneau Assembly on Monday night, whose members voted 7-2 to advance proposed changes to the city’s disorderly conduct code.
The change is one of several policies discussed during an Assembly Committee of the Whole meeting due to widespread problems reported by housed and unhoused residents during Juneau’s second year of a "dispersed camping" policy that makes people experiencing homelessness responsible for finding their own sites.
However, Assembly members took no action on a proposal to reestablish an official summer campground after being told finding a location would be difficult and the city would be exposed to significant liability for any problems that occur.
See also: One-year anniversary memorial for homeless resident Steven Kissack, killed by police in a downtown confrontation, from noon to 2 p.m. Tuesday at Marine Park.
The Assembly did unanimously approve having administrative staff draft a proposal to establish a "shelter safety zone" for social service agencies on Teal Street such as the Glory Hall shelter where some of the most frequent problems are being reported. Two large-scale removals of encampments in the neighborhood have occurred this summer due to reports of problems such as illegal drug activity, violence and threats, and unsanitary conditions.
The proposed changes to the conduct code — which was sent to the full Assembly for introduction at its July 28 meeting, which would be followed by a public comment opportunity and possible implementation at a future meeting — match current state law, Deputy City Manager Robert Barr said during Monday’s meeting.
"This would provide a tool that would allow JPD officers to intervene quickly when individuals are blocking specific areas – public sidewalks, stairwells, paths, or pedestrian ways," Barr noted in a memo to the Assembly. "Currently, JPD is reliant on code that requires additional process either via the trespass code or through public requests before an officer can act. These changes would remove that additional process."
The key changes in a proposed ordinance add "stand, walk, or camp" to the existing "sit" and "lie" in the existing conduct code, and expand those actions beyond streets and sidewalks to include public paths, parking lots and garages, and stairwells. Also, the proposal deletes existing language stating a violation of the code occurs by the person "after being requested to move in order to create room for another person to pass or having been informed that they are blocking the sidewalk or way."
Also changed is a provision about urinating or defecating in public that adds simply exposing buttocks as a violation, a concern to some city members since City Attorney Emily Wright said "this would potentially criminalize mooning people." However, she also noted "the likelihood a disorderly conduct for exposing the buttocks would be pursued by a state agency is fairly low. That's why we tend to mirror their language, so that we can provide that prosecution when it's necessary."
One of the reasons for the location and wording changes is current code doesn’t necessarily allow probable cause arrests for a person who is obstructing or camping in locations such as stairwells in parking garages, Juneau Police Chief Derek Bos told Assembly members.
"We see a lot of problems in the parking garage areas," he said. "That's where we feel like our hands are tied. And my initial discussion actually was about a no-loitering ordinance, but we feel — after discussion with Emily and Robert — (conduct code changes) fits better here because we already have most of this in place."
A new policy in effect this year allows the Juneau Police Department and/or other City and Borough of Juneau officials to dismantle homeless encampments after providing a 48-hour advance move notice. Bos said such notices are generally served when encampments get too large or troublesome, as happened with the two removals this summer, and people must move at least half a mile from the location.
Some people experiencing homelessness have said they consider some actions by JPD, and the reporting of problems by nearby residents and businesses, to be overly aggressive — and that the problems often are caused by one or two troublesome individuals. Assembly members have in turn received a multitude of complaints from those residents and businesses about homeless activity in neighborhoods throughout town.
Assembly Member Maureen Hall, among those voting in favor of the change, said she favors a stronger law enforcement presence in the Teal Street area for the sake of the social service agencies and people using their services responsibly. But she said additional efforts — such as a year-round emergency shelter rather than the current one open from mid-October to mid-April — are also needed to find shelter for people experiencing homelessness since the current policy is problematic and inefficient.
"I just do know that when the cold-weather shelter was open there was far fewer impacts in that neighborhood, and that just underscores the need for an expanded low-barrier shelter space and how we do that as a community," she said. "I think we're expending an incredible amount of police and (fire department) resources in dealing with this. I think of our police officers out collecting garbage. That just seems like not the best use of your time."
Voting against advancing the change was Assembly Member Alicia Hughes-Skandijs, who said the multitude and complexity of the issues being discussed need more detailed scrutiny before the public is asked to comment on a proposal which is then subject to a possible final vote of approval.
"I would want to talk with Chief Bos to more understand where the department is coming from, understand the need for this as a tool," she said. "And I think very potentially that then I would be ready to support that, but I'm not there tonight."
Assembly Member Christine Woll, the other member voting against the proposal, said she also believes there will be a lot of questions from the public to address about the issue and "I like to send things to the Assembly when we're getting close to a decision."
Mayor Beth Weldon, among other supporters of the proposed change, said the problems being reported are serious enough that quick action is necessary, and the police chief and city attorney have told her "this is a tool that will help them."
"I have seen them in action," she said. "They're very compassionate. They're working hard to make relationships, but if they're asking for a tool I think we need to get it to them, so I think the time is now."
Barr’s memo to the Assembly states a total of 326 people experiencing homelessness were observed during the past year, according to the 2024 Point-in-Time (PIT) count and the 2025 Housing Inventory Count. There are also about 400 emergency or transitional housing beds available, although he said in reality there is a consistent deficit of about 30 beds for people experiencing homelessness due to people not included in the PIT count.
"Further, providers convey, and it is our experience, that even when sufficient beds are available to
meet the current need, a number of individuals will remain unhoused due to some combination of a
desire to camp outside, unwillingness to follow communal living rules, chronic drug use, and/or
behavioral challenges that preclude an individual’s ability to successfully navigate housing services," Barr wrote.
"It is important to note that people are dynamic. Merely because an individual struggles on one day
does not mean they will struggle the next; however, on a population level we can consistently
expect a group of individuals seeking to camp on public land."
Three other proposals presented by Barr were discussed during Monday’s meeting:
• A shelter safety zone sought by the Glory Hall and other Teal Street agencies, which would prohibit camping and other activities within a certain distance of specified locations such as shelters and schools. "The primary concern staff have with this option is that choosing a boundary will be difficult and, due to the nature of where individuals receive services, impacts will shift to entities/properties/individuals on the boundary," Barr wrote. Such a proposal will be presented to Assembly members after they approved having options drafted by staff.
• Reestablishing a summer campground, similar to Mill Campground that existed for several years until the Assembly voted against continuing it following rampant problems reported during the 2023 season. "A group of service providers, led by St. Vincent de Paul staff, is discussing this in concept," Barr wrote. "The primary challenges include identifying a location and an operator. For legal reasons, CBJ can support but cannot operate a campground without significant liability exposure."
• "Consideration of other time, place, or manner limits on camping on public land. An example place limitation could be a prohibition on camping on improved CBJ property, which would shift impacts to unimproved CBJ property."
• Contact Mark Sabbatini at editor@juneauindependent.com or (907) 957-2306.
