San Jose Approves Controversial Policy Targeting Homelessness

⁢ Updated June 10, 2025

The San Jose City Council has approved a controversial measure to cite or arrest homeless individuals who repeatedly decline shelter, despite objections from Santa Clara ‍County officials. The decision comes as San Jose plans to add over 1,400 shelter placements this year.

Mayor Matt ​Mahan’s “responsibility to Shelter” initiative amends the city’s encampment code ‌of conduct, making shelter acceptance an expectation. The policy allows discretion in its application.⁢ Mahan⁣ stated that refusing shelter signals a deeper problem, such ‌as mental health or addiction issues.

Vice Mayor ‍Pam⁤ Foley said the policy balances compassion with accountability. She added that residents deserve to‌ see results from the city’s significant investment in reducing homelessness.

To enforce the new rules, San Jose will bring outreach services​ in-house and create a ‍police unit dedicated to quality-of-life​ crimes. The city is also considering rehabilitation facilities as alternatives to jail.

Mahan emphasized‌ the importance of addressing the needs of​ all individuals in⁢ encampments, ⁤particularly​ those with severe addiction and mental illness.

Critics, including county officials and ⁤nonprofit‌ providers, argue that the policy criminalizes homelessness and strains public safety resources. A‍ letter from county leaders,⁣ including Board of Supervisors ⁣President otto Lee and District Attorney Jeff Rosen, warned of “needless and ineffective bookings.”

councilmembers Peter Ortiz and Pamela Campos cast dissenting votes. Ortiz argued ‌that unhoused residents often​ have valid reasons for refusing shelter. Campos cautioned that the policy could lead to a “detour back​ to the streets,” citing the limited capacity and housing options at facilities like the Mission Street Recovery Station.

campos said the focus should be on systemic issues that push people into homelessness, rather than placing the​ burden on individuals.

Mahan acknowledged the policy’s imperfections⁢ but stressed the need to address mental health and addiction among the homeless population. He said it is not humane to allow people to live and die on⁣ the streets when the city can offer interim housing.

“I don’t think it’s humane ⁣or compassionate to allow people to live and die on our streets when they are unable or unwilling to accept the help the city is able to offer, which is interim⁢ housing,” Mahan⁢ said.

What’s⁤ next

San Jose aims to petition behavioral health courts to mandate treatment for unhoused individuals with underlying mental health issues or addiction problems, as part of its broader strategy to combat homelessness and provide effective homeless support and ⁤ addiction treatment while addressing the shelter crisis.