Proposed Legislation Targets Homeless Encampments
The West Virginia Senate is considering House Bill 2382, a measure that would prohibit camping on public property, affecting homeless individuals across the state. The bill introduces penalties of up to a $500 fine or 30 days in jail for those found camping or storing belongings in public spaces such as streets, parks, and trails.
Senate Modifications and Bill Progress
Having already passed the House of Delegates, the bill was recently amended by the Senate Judiciary Committee to allow law enforcement officers to direct individuals to shelters, mental health programs, or addiction services instead of imposing penalties. The bill has now been referred to the Senate Rules Committee for further consideration.
Concerns Raised by Homeless Advocates
Organizations that provide services for the homeless argue that criminalizing homelessness does not address its root causes. Instead, they believe resources would be better spent expanding emergency shelter availability and affordable housing programs.
Mark Phillips, CEO of Catholic Charities West Virginia, highlighted the severe shortage of emergency shelter beds, with only 600 available in winter and half that number during warmer months. With an estimated 1,800 homeless individuals recorded in the 2024 Point in Time count, many people would have nowhere to go if the bill is enforced.
Economic and Social Impact of the Bill
The West Virginia Division of Corrections and Rehabilitation reports that incarcerating an individual costs approximately $20,000 per year. Advocates argue that these funds would be better utilized to support housing and rehabilitation initiatives rather than punitive measures.
“These shelters are designed to help people transition back into stable housing,” Phillips explained. “Placing homeless individuals in the criminal justice system only makes it harder for them to rebuild their lives.”
Barriers to Affordable Housing
A shortage of 25,000 low-income housing units in West Virginia, according to the National Low Income Housing Coalition, is a major factor contributing to homelessness. Many individuals face difficulties securing housing due to past evictions, mental health challenges, or financial instability.
Nationwide Trend of Camping Bans
Since the U.S. Supreme Court upheld a camping ban in Grants Pass, Oregon, many cities across the country have followed suit. In West Virginia, Morgantown, Clarksburg, Bluefield, and Princeton implemented similar bans last year.
However, Morgantown residents have successfully petitioned to reconsider the city’s ban, with the issue set to be decided in an upcoming election. Delegate Geno Chiarelli, R-Monongalia, proposed House Bill 2382 in response to the possibility of Morgantown’s ban being overturned.
Supporters Cite Public Safety and Economic Growth
Proponents of the bill argue that homeless encampments can deter economic development and discourage public park usage. Senate Judiciary Chairman Mike Stuart, R-Kanawha, also suggested the bill could be applied to protest encampments, referencing recent pro-Palestinian demonstrations in New York as an example.
What’s Next?
The Senate Rules Committee will determine the bill’s next steps before it proceeds to a full Senate vote. If passed, the law would allow municipalities to designate specific areas for camping, though the overall ban would still be enforced across the state.
