GENERAL ORDERS LINCOLN POLICE DEPARTMENT
SUBJECT: PATROL OPERATIONS
TITLE: HOMELESS PERSONS
EFFECTIVE DATE: JUNE 1, 2025
REVISION DATE:
ACCREDITATION: ALABAMA ASSOCIATION OF CHIEFS OF POLICE (AACOP)
APPROVAL: CHIEF DARREN E. BRITTON
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HOMELESS PERSONS
428.1 PURPOSE AND SCOPE
The purpose of this policy is to ensure that department members understand the needs and rights of the homeless, and to establish procedures to guide them during all contacts with the homeless, whether consensual or for enforcement purposes.
428.2 POLICY
It is the policy of the Lincoln Police Department to protect the rights, dignity and private property of all members of the community, including people who are homeless. Abuse of authority to harass any member of the community will not be permitted. The Lincoln Police Department will address the needs of homeless persons in balance with the overall mission of this department.
Homelessness is not a crime and members will not use homelessness as the sole basis for detention or law enforcement action.
428.3 FIELD CONTACTS
Officers are encouraged to contact a homeless person to render aid, offer assistance, or to check on the person's welfare. Officers also will take enforcement action when information supports a reasonable and articulable suspicion of criminal activity. However, such contacts shall not be used for harassment.
Officers should try to provide homeless persons with resource and assistance information whenever it is reasonably apparent that such services may be appropriate.
428.3.1 CONSIDERATIONS
A homeless person will receive the same level and quality of service provided to other members of the community. The fact that a victim, witness or suspect is homeless can, however, require special consideration for a successful investigation and prosecution. When handling investigations involving victims, witnesses or suspects who are homeless, officers should consider:
(a) Documenting alternate contact information. This may include obtaining addresses and telephone numbers of relatives and friends.
(b) Documenting locations the person may frequent.
(c) Providing victim/witness resources, when appropriate.
(d) Obtaining sufficient statements from all available witnesses in the event that a victim cannot be located and is unavailable for a court appearance.
(e) Arranging for transportation for investigation-related matters, such as medical exams and court appearances.
(f) Whether a crime should be reported and submitted for prosecution, even when a victim who is homeless indicates that he/she does not desire prosecution.
(g) Whether the person may be an adult abuse victim and, if so, proceed in accordance with the Adult Abuse Policy.
428.4 MENTAL HEALTH ISSUES
When mental health issues are evident, officers should consider referring the person to the appropriate mental health agency or providing the person with contact information for mental health assistance, as appropriate. In these circumstances, officers may provide transportation to a mental health facility for voluntary evaluation if it is requested or offered and accepted by the person, and approved by a supervisor. Officers should consider detaining the person under an involuntary commitment when facts and circumstances reasonably indicate such a detention is warranted (see the Involuntary Commitments Policy).
428.5 PERSONAL PROPERTY
The personal property of homeless persons must not be treated differently than the property of other members of the community.It is important for Officers to handle, collect, and retain the personal property of homeless individuals with reasonable care. They should not discard or destroy their belongings unless they pose a health or biohazard risk.
When a homeless person is arrested or otherwise removed from a public place, officers should make reasonable accommodations to permit the person to lawfully secure his/her personal property. Otherwise, it should be collected for safekeeping. If the arrestee has more personal property than can reasonably be collected and transported by the officer, a supervisor should be consulted. The property should be photographed and measures should be taken to remove or secure it. It will be the supervisor's responsibility to coordinate its removal and safekeeping.
Officers should not conduct or assist in clean-up operations of belongings that reasonably appear to be the property of homeless persons without the prior authorization of a supervisor. When practicable, requests by the public for clean-up of a homeless encampment should be referred to the city street department.
428.6 ECOLOGICAL ISSUES
Sometimes homeless encampments can have an impact on the ecology and natural resources of the community and may involve criminal offenses beyond mere littering. Officers are encouraged to notify other appropriate agencies or City departments when a significant impact to the environment has or is likely to occur. A significant impact to the environment may warrant a crime report, investigation, supporting photographs and supervisor notification.
These policies and operating procedures are not designed to cover every possible scenario or situation in society, but rather to define standard operating procedures for members of the Lincoln Police Department. These guidelines are subject to past, present and future judicial review. These guidelines can be amended and or repealed by the Chief of Police as necessary. The policies and procedures herein provided supersede all previous policies and orders.
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