Homeless in Maine Avoid Arrest Under New Law
Police encountering homeless individuals accused of trespassing, public drinking and other misdemeanors are required to offer alternative resources for counseling and shelters. One police critic warns it could lead to punishing housed people more harshly than unhoused for the same offense.
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Under Title 17-A of the Maine criminal code, police officers are required to attempt diversion methods instead of arrest when encountering a person who is experiencing homelessness and is accused of committing one of five minor crimes: trespassing, disorderly conduct, drug possession, urinating in public, and public drinking, reports NBC Newscenter. Each officer carries a card filled with addresses and phone numbers for local and state mental health and housing resources, and each police force must have a protocol in place, even though protocols may have desired outcomes instead of ironclad decisions to be made during each encounter.
Under the law, it could be possible for two people in the same city to commit the same crime, where an unhoused person being offered resources and sent on their way but a housed person could be arrested. Maine State Police Maj. Brian Scott said the intent of the law is noble, but could potentially lead to people taking advantage of the law or lead to punishing housed people more harshly than unhoused.
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