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2026 Regular Session
HOUSE BILL NO. 211
BY REPRESENTATIVE VILLIO
COURTS: Provides relative to the creation, administration, and eligibility requirements of
the Homelessness Court program
1 AN ACT
2 To amend and reenact R.S. 44:4.1(B)(6) and to enact Chapter 33-D of Title 13 of the
3 Louisiana Revised Statutes of 1950, to be comprised of R.S. 13:5381 through 5386,
4 R.S. 14:107.6, and Part IV of Chapter 3 of Title 40 of the Louisiana Revised Statutes
5 of 1950, to be comprised of R.S. 40:581.1 through 582, relative to the Homelessness
6 Court program; to provide for the creation of the program; to provide for a statement
7 of legislative intent; to provide for the goals of the program; to provide for
8 definitions; to provide for the Homelessness Court probation program; to create the
9 crime of unauthorized camping on public property; to provide for penalties; to
10 prohibit public camping and temporary outdoor habitation; to provide for exceptions;
11 to provide for notification requirements; to provide for minimum standards and
12 procedures; to provide for enforcement; to provide for housing; to establish
13 regulations that promote sanitary conditions; to provide for duties of the Louisiana
14 Department of Health and office of the state fire marshal; to provide for effective
15 dates; and to provide for related matters.
16 Be it enacted by the Legislature of Louisiana:
17 Section 1. Chapter 33-D of Title 13 of the Louisiana Revised Statutes of 1950,
18 comprised of R.S. 13:5381 through 5386, is hereby enacted to read as follows:
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1 CHAPTER 33-D. HOMELESSNESS COURT PROGRAM
2 §5381. Short title
3 This Chapter shall be known and may be cited as the "Homelessness Court
4 Program Act".
5 §5382. Purpose
6 The Legislature of Louisiana recognizes that there is a critical need for
7 criminal justice system programs to assist those persons who are experiencing
8 homelessness in order to reduce the incidence of substance abuse disorders, untreated
9 mental health issues, destruction and disruption of use of public property, significant
10 public health and safety issues, and crimes committed by those experiencing
11 homelessness. There is also a need for programs to assist those experiencing
12 homelessness with mental health issues, including mental health diagnoses and
13 undiagnosed mental illnesses. Moreover, many experiencing homelessness suffer
14 from co-occurring disorders of substance abuse and mental illness. These problems
15 can cause those experiencing homelessness to have involvement with the criminal
16 justice system. Therefore, it is the intent of the Legislature of Louisiana to create
17 specialized court programs in the various districts of this state called "Homelessness
18 Court programs" to assist those experiencing homelessness in overcoming these
19 issues, as they impact themselves, the criminal justice system, and society at large.
20 The goals of these programs are to reduce recidivism among those experiencing
21 homelessness and to provide them with the assistance that they need to become
22 productive members of society.
23 §5383. Goals
24 The goals of the Homelessness Court program created pursuant to this
25 Chapter include all of the following:
26 (1) To reduce drug abuse and alcoholism and dependency among persons
27 experiencing homelessness.
28 (2) To reduce the alcohol and drug-related workload of the courts.
29 (3) To reduce criminal recidivism.
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1 (4) To diagnose undiagnosed mental health problems and to assist in the care
2 and treatment of diagnosed mental health illnesses.
3 (5) To increase the personal, familial, and societal accountability of persons
4 experiencing homelessness.
5 (6) To reduce prison overcrowding.
6 (7) To provide employment and job training for those experiencing
7 homelessness.
8 (8) To provide housing assistance for those experiencing homelessness in
9 partnership with state, local, and federal housing authorities and nonprofit
10 organizations.
11 (9) To provide counseling services as necessary.
12 §5384. Definitions
13 For the purposes of this Chapter, the following terms have the following
14 meanings:
15 (1) "Homelessness Court program" means a program with all of the
16 following essential characteristics:
17 (a) The integration of health care, education, and housing assistance as well
18 as employment, job training, disability compensation counseling, and other
19 rehabilitative services in the processing of cases in the criminal justice system.
20 (b) Early identification and prompt placement of eligible participants in the
21 program for the purpose of making them program participants.
22 (c) The use of a nonadversarial approach involving prosecutors and defense
23 attorneys to promote public safety and protect the due process rights of program
24 participants.
25 (d) Access to continuum of alcohol, controlled substance, mental health,
26 suicide assessment, intervention, treatment and management, and other related
27 treatment and rehabilitative services.
28 (e) Careful monitoring of treatment and services provided to program
29 participants.
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1 (f) A coordinated strategy to govern program responses to compliance of
2 participants.
3 (g) Ongoing judicial interaction with program participants.
4 (h) Monitoring and evaluation of program goals and effectiveness.
5 (i) Continuing interdisciplinary education to promote effective program
6 planning, implementation, and operations.
7 (j) Development of partnerships with public agencies and community
8 organizations, including but not limited to Louisiana Works, the United States
9 Department of Housing and Urban Development, and any other local, state, or
10 federal agency or organization that can provide assistance to participants.
11 (2) "Participant" means a person currently experiencing homelessness who
12 is subject to the jurisdiction of the homelessness court program. Participant may
13 also refer to a person, defendant, probationer, or offender in relation to the program.
14 §5385. The Homelessness Court program; administration; eligibility; stipulations
15 A. Each district court by rule may designate as a Homelessness Court
16 program one or more divisions of the district court to which participants are assigned
17 and may establish a probation program to be administered by the presiding judge or
18 judges thereof or by an employee designated by the court.
19 B. Participation in probation programs shall be subject to all of the following
20 provisions:
21 (1) The district attorney may propose to the court that a defendant be
22 screened for eligibility as a participant in the Homelessness Court program if all of
23 the following criteria are satisfied:
24 (a) The individual is arrested or issued a written summons for a
25 misdemeanor or felony violation of state law and is determined to be a person
26 experiencing homelessness.
27 (b) The district attorney has reason to believe that the defendant who is
28 charged may benefit by participating in the Homelessness Court program.
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1 (c) The district attorney has reason to believe that it is in the best interest of
2 the community and in the interest of justice to provide the defendant with treatment
3 as opposed to incarceration or other sanctions.
4 (2) Upon receipt of the proposal provided in Paragraph (1) of this
5 Subsection, the court shall advise the defendant that he may be eligible for
6 enrollment in a court-authorized treatment program through the Homelessness Court
7 program.
8 (3)(a) If the defendant requests to undergo treatment and is accepted into the
9 Homelessness Court program, the defendant shall be placed under the supervision
10 of the Homelessness Court program for a period of not less than twelve months.
11 (b) During the treatment, the defendant may be confined in a treatment
12 facility or, at the discretion of the court, the defendant may be released on a
13 probationary basis for treatment or supervised aftercare in the community.
14 (c) The court may impose any conditions reasonably related to the complete
15 rehabilitation of the defendant.
16 (d) The defendant shall be required to participate in any court-ordered
17 alcohol and drug testing program at his own expense, unless the court determines
18 that he is indigent.
19 (e) If the defendant completes the Homelessness Court program and has
20 successfully completed all other requirements of his court-ordered probation, the
21 conviction may be set aside and the prosecution dismissed in accordance with Code
22 of Criminal Procedure Articles 893 and 894. A defendant's successful completion
23 of the Homelessness Court program and the other requirements of probation may
24 result in his discharge from supervision. If the defendant does not successfully
25 complete the Homelessness Court program, the judge may do any of the following:
26 (i) Revoke the probation and impose sentence.
27 (ii) Revoke the probation and order the defendant to serve the sentence
28 previously imposed and suspended.
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1 (iii) Revoke the probation and order the defendant to be committed to the
2 custody of the Department of Public Safety and Corrections with a requirement that
3 the defendant serve a sentence of not more than six months without diminution of
4 sentence in the intensive incarceration program pursuant to R.S. 15:574.4.4 and
5 574.5, with return to the regular Homelessness Court docket upon completion of
6 sentence.
7 (iv) Impose any sanction provided by Code of Criminal Procedure Article
8 900 or extend probation and order that the defendant continue treatment for an
9 additional period, or both.
10 (4) The defendant has the right to be represented by counsel at all stages of
11 a criminal prosecution and in any court hearing relating to the Homelessness Court
12 program. The defendant shall be represented by counsel during the negotiations to
13 determine eligibility to participate in the Homelessness Court program and shall be
14 represented by counsel at the time of the execution of the probation agreement and
15 at any hearing pertaining to the revocation of the defendant's probation and discharge
16 from the program, unless the court finds and the record shows that the defendant has
17 knowingly and intelligently waived his right to counsel.
18 (5) If the defendant elects to undergo treatment and participate in the
19 Homelessness Court program, the court shall order an examination of the defendant
20 by one of the court's designated licensed treatment programs. Treatment programs
21 shall possess sufficient experience in working with criminal justice participants with
22 alcohol or drug addictions, mental health problems, or all of these matters, and shall
23 be certified and approved by this state. The designated treatment program shall
24 utilize standardized testing and evaluation procedures to determine whether or not
25 the defendant is an appropriate candidate for a treatment program and shall report
26 such findings to the court and the district attorney.
27 (6) The treatment program examiner or district attorney may request that the
28 defendant provide all of the following information to the court:
29 (a) Information regarding prior criminal charges.
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1 (b) Education, work experience, and training.
2 (c) Family history, including residence in the community.
3 (d) Medical and mental history, including any psychiatric or psychological
4 treatment or counseling.
5 (e) Any other information reasonably related to the success of the treatment
6 program.
7 (7) The designated program shall recommend to the court a preliminary
8 length of stay and level of care for the defendant.
9 (8) In addition to the report submitted by the examiner, the judge and district
10 attorney shall consider the following factors in determining whether the
11 Homelessness Court program would be in the interest of justice and of benefit to the
12 defendant and the community:
13 (a) The nature of the crime charged and the circumstances surrounding the
14 crime.
15 (b) Any special characteristics or circumstances of the defendant.
16 (c) Whether the defendant is a first-time offender and the degree of success
17 attained if the defendant has previously participated in this program or a similar
18 program.
19 (d) Whether there is a probability that the defendant will cooperate with and
20 benefit from probation and treatment through the Homelessness Court program.
21 (e) Whether the available Homelessness Court program is appropriate to
22 meet the needs of the defendant.
23 (f) The impact of the defendant's probation and treatment upon the
24 community.
25 (g) Recommendations of the involved law enforcement agency, if any.
26 (h) Recommendations of the victim, if any.
27 (i) Provisions for and the likelihood of obtaining restitution from the
28 defendant over the course of his probation.
29 (j) Any mitigating circumstances.
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1 (k) Any other circumstances reasonably related to the defendant's case.
2 (9) In order to be eligible for the Homelessness Court program, the defendant
3 shall satisfy each of the following criteria:
4 (a) The defendant shall not have a prior felony conviction for any of the
5 following:
6 (i) Homicide as defined in R.S. 14:29.
7 (ii) A sex offense as defined in R.S. 15:541.
8 (iii) A crime of violence as defined in R.S. 14:2(B).
9 (b) The crime before the court is not a charge of driving while impaired by
10 alcohol or any other drug or drugs that resulted in the death of a person.
11 (10)(a) The judge shall make the final determination of eligibility. If, based
12 on the examiner's report and the recommendations of the district attorney and the
13 defense counsel, the judge determines that the defendant should be enrolled in the
14 Homelessness Court program, the court shall accept the defendant's guilty plea,
15 suspend or defer the imposition of sentence, and place the defendant on probation
16 under the terms and conditions of the Homelessness Court program. The court may
17 also impose and suspend the execution of sentence and place the defendant on
18 probation under the terms and conditions of the Homelessness Court program.
19 (b) If the judge determines that the defendant is not qualified for enrollment,
20 the judge may state for the record the reasons for that determination.
21 (c) A Homelessness Court program team or staff may petition the court to
22 reject a referral to the Homelessness Court program if the Homelessness Court
23 program team or staff deems the defendant to be inappropriate for admission to the
24 Homelessness Court program. Additionally, a Homelessness Court program team
25 or staff may petition the court for immediate discharge of any individual who fails
26 to comply with Homelessness Court program rules and treatment expectations or
27 who refuses to constructively engage in the treatment process.
28 C.(1) In offering a defendant the opportunity to request treatment, the court
29 shall advise the defendant of the following at the time of the guilty plea:
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1 (a) If the defendant is accepted into the Homelessness Court program, then
2 the defendant shall waive the right to a trial. The defendant shall enter a plea of
3 guilty to the charge with the stipulation that his sentencing be deferred or that
4 sentence be imposed, but suspended, and the defendant placed on supervised
5 probation under the usual conditions of probation and under certain special
6 conditions of probation related to the completion of such treatment programs as are
7 ordered by the court. During participation in the program, the defendant shall be
8 subject to nonadversarially determined sanctions. All adversarial hearings shall
9 occur during probation violation hearings.
10 (b) The terms of each probation agreement shall be decided by the judge.
11 The defendant shall agree to enter the program and sign a probation agreement
12 stating the terms and conditions of his program. The defendant shall plead guilty to
13 the charge in order to be eligible for the Homelessness Court program.
14 (2) Any probation agreement entered into pursuant to this Section shall
15 include all of the following:
16 (a) The terms of the agreement, which shall provide for either of the
17 following:
18 (i) If the defendant fulfills the obligations of the agreement, as determined
19 by the court, then the criminal charges may be dismissed and the prosecution set
20 aside in accordance with Code of Criminal Procedure Articles 893 and 894.
21 (ii) If the defendant has been sentenced following the plea of guilty, then the
22 successful completion of the Homelessness Court program may result in the
23 discharge of the defendant from continued supervision.
24 (b) A waiver by the defendant of the right to trial by jury under the
25 Constitution of Louisiana, the Constitution of the United States, and applicable laws.
26 (c) The defendant's full name.
27 (d) The defendant's full name at the time the complaint was filed, if different
28 from the defendant's current name.
29 (e) The defendant's sex and date of birth.
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1 (f) The crime before the court.
2 (g) The date the complaint was filed.
3 (h) The court in which the agreement was filed.
4 (i) A stipulation of the facts upon which the charge was based, as agreed to
5 by the defendant and the district attorney.
6 (j) A provision that the defendant may be required to pay a probation
7 supervision fee if ordered by the court.
8 (k) A provision, in cases where applicable, that the defendant may be
9 required to pay restitution to the victim.
10 (l) A provision that the defendant, if ordered by the court, shall participate
11 in appropriate job training or schooling or seek gainful employment once the
12 defendant is receiving treatment as an outpatient or living in a halfway house.
13 (m) A copy of the plea agreement.
14 (3) To the extent of his financial resources, a defendant who is placed under
15 the supervision of the Homelessness Court program may be required to pay a portion
16 of or the entire cost of the treatment program to which he is assigned and the cost of
17 any additional supervision that may be required, as determined by the Homelessness
18 Court program.
19 (4) If the defendant does not have the financial resources to pay all the
20 related costs of the probation program, any of the following may occur:
21 (a) The court, to the extent practicable, shall arrange for the defendant to be
22 assigned to a treatment program funded by the state or federal government.
23 (b) The court, with the recommendation of the treatment program, may order
24 the defendant to perform supervised work for the benefit of the community in lieu
25 of paying all or a part of the costs relating to his treatment and supervision. The
26 work shall be performed for and under the supervising authority of a parish,
27 municipality, or other political subdivision or agency of this state or a charitable
28 organization that renders service to the community or its residents.
29 (c) Any and all fees may be waived at the discretion of the court.
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1 D.(1) When appropriate, the imposition or execution of sentence shall be
2 postponed while the defendant is enrolled in the treatment program. The defendant
3 shall remain on probation as long as he follows the conditions of his agreement.
4 (2) The district attorney, at the conclusion of the period of probation and on
5 advice of the person providing the defendant's treatment and the probation officer,
6 may recommend that the court take one of the following courses of action:
7 (a)(i) Revoke the defendant's probation and sentence the defendant because
8 he has not successfully completed the treatment and has violated one or more
9 conditions of probation.
10 (ii) If the defendant has already been sentenced, revoke the probation and
11 remand the defendant to the appropriate custodian for service of that sentence.
12 (b) Extend the period of probation so that the defendant may continue the
13 program.
14 (c) Set aside the defendant's conviction and dismiss the prosecution because
15 the defendant has successfully completed all the conditions of his probation and
16 treatment agreement.
17 (3) The district attorney shall make the final determination on whether to
18 request revocation, extension, or dismissal.
19 (4)(a) The treatment supervisor, probation officer, or the district attorney
20 may file a motion with the court to request a hearing to determine if the defendant
21 may remain in the program or whether the probation may be revoked and the
22 defendant be removed from the program and sentenced or ordered to serve any
23 sentence previously imposed if either of the following occur:
24 (i) The defendant enrolled in a program violates any condition of his
25 probation or his treatment agreement.
26 (ii) The defendant appears to be performing unsatisfactorily in the assigned
27 program.
28 (b) The defendant may be removed from the program or his treatment
29 agreement may be changed to meet the defendant's specific needs if, at the hearing,
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1 the moving party shows sufficient proof that the defendant has violated his probation
2 or his treatment agreement and has not shown a willingness to submit to
3 rehabilitation.
4 (c) If the court finds that the defendant has violated a condition of his
5 probation or a provision of his probation agreement and that the defendant should be
6 removed from the probation program, the court may do either of the following:
7 (i) Revoke the probation and sentence of the defendant in accordance with
8 his guilty plea.
9 (ii) If the defendant has been sentenced and the sentence suspended, order
10 the defendant to begin serving the sentence.
11 (d) A defendant who has been admitted to the probation program, fails to
12 complete the program, and is then sentenced to jail time for the offense shall receive
13 credit for the time served in any correctional facility in connection with the charge
14 before the court.
15 (e) The defendant, his probation officer, the district attorney, or his treatment
16 provider may petition the court at any time and for any appropriate reason to
17 reconsider, suspend, or modify its order for rehabilitation or treatment concerning
18 that defendant.
19 (f) The burden of proof at all such hearings shall be the burden of proof
20 required to revoke probation as provided by law.
21 E. The appropriate treatment program shall report the following changes or
22 conditions to the district attorney at any periodic reporting period specified by the
23 court:
24 (1) The defendant is changed from an inpatient to an outpatient.
25 (2) The defendant is transferred to another treatment center or program.
26 (3) The defendant fails to comply with program rules and treatment
27 expectations.
28 (4) The defendant refuses to engage constructively in the treatment process.
29 (5) The defendant terminates his participation in the treatment program.
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1 (6) The defendant is rehabilitated or has obtained the maximum benefits of
2 rehabilitation or treatment.
3 F. The judge, after receiving the recommendation from the district attorney
4 upon the defendant's successful completion of the Homelessness Court program and
5 its terms and conditions, may vacate the judgment of conviction and dismiss the
6 criminal proceedings against the defendant or may discharge the defendant from
7 probation in accordance with Code of Criminal Procedure Articles 893 or 894.
8 G. Discharge and dismissal pursuant to this Chapter, as provided in Code of
9 Criminal Procedure Articles 893 and 894, shall have the same effect as an acquittal,
10 except that the conviction may be considered in order to provide the basis for
11 subsequent prosecution of the party as a multiple offender and shall be considered
12 as an offense for the purposes of any other law or laws relating to cumulation of
13 offenses. Dismissal pursuant to this Chapter shall occur only once with respect to
14 any defendant. Nothing in this Chapter shall be construed as a basis for the
15 destruction of records of the arrest and prosecution of the defendant.
16 H. Nothing contained in this Chapter confers a right or an expectation of a
17 right to treatment for a defendant or offender within the criminal justice system.
18 I. Each defendant shall contribute to the cost of any treatment received in the
19 Homelessness Court program based upon guidelines developed by the Homelessness
20 Court program. Any and all fees may be waived at the discretion of the court.
21 J. Each judicial district that establishes a Homelessness Court probation
22 program shall adopt written policies and guidelines for the implementation of a
23 probation program in accordance with this Chapter. The policies and guidelines
24 shall include provisions concerning all of the following:
25 (1) How to examine the defendant initially to determine if he is qualified for
26 enrollment.
27 (2) How to advise the defendant of the program if the court has reason to
28 believe the defendant may suffer from alcohol or drug addiction or mental health
29 problems or illnesses.
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1 (3) What licensed treatment programs are certified by the court.
2 K. Each Homelessness Court program shall develop a method of evaluation
3 so that its effectiveness can be measured. These evaluations shall be compiled
4 annually and transmitted to the judicial administrator of the Louisiana Supreme
5 Court.
6 L.(1) Except as otherwise provided by law, the registration and other records
7 of a treatment facility are confidential and shall not be disclosed to any person not
8 connected with the treatment facility or the Homelessness Court program and district
9 attorney without the consent of the patient.
10 (2) The provisions of Paragraph (1) of this Subsection do not restrict the use
11 of patients' records for the purpose of research into the cause and treatment of
12 alcoholism and drug addiction and mental health illnesses, provided that such
13 information shall not be published in a way that discloses the patient's name and
14 identifying information.
15 M. No statement or any information procured with respect to the specific
16 offenses of which the defendant is charged, which is provided to any probation
17 officer or program treatment worker subsequent to the granting of probation, shall
18 be admissible in any civil or criminal action or proceeding, except a Homelessness
19 Court program probation revocation proceeding.
20 N. A record of the fact that a defendant has participated in a Homelessness
21 Court program shall be sent to the office of the attorney general and shall be made
22 available upon request to any district attorney for the purpose of determining
23 previous participation in a Homelessness Court program.
24 §5386. Dismissal of certain criminal charges upon completion of Homelessness
25 Court probation program
26 A. Notwithstanding any other provision of law to the contrary and when it
27 appears that the best interests of the public and of the defendant will be served, the
28 court may, with the prior approval of the district attorney, defer proceedings and
29 place any defendant eligible for participation in a Homelessness Court program on
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1 probation with reasonable terms and conditions as may be required by the court and
2 in accordance with the provisions of this Chapter.
3 B. Upon the defendant's violation of any of the terms or conditions of his
4 probation, the court may revoke his probation, enter an adjudication of guilt, and
5 impose sentence upon the defendant. The entering of the adjudication of guilt shall
6 be retroactive to the date the defendant pled guilty or was convicted pursuant to
7 Subsection A of this Section, but the imposition or execution of sentence shall not
8 be retroactive.
9 C. The court shall discharge the defendant and dismiss the proceedings
10 against him upon fulfillment of the terms and conditions of probation imposed in
11 accordance with this Section.
12 D. The discharge and dismissal of charges pursuant to this Section shall be
13 without court adjudication of guilt and shall not be deemed a conviction for purposes
14 of disqualifications or disabilities imposed by law upon conviction of a crime,
15 including the additional penalties imposed for second or subsequent convictions
16 pursuant to R.S. 40:982. The discharge and dismissal of charges pursuant to this
17 Section may occur only once with respect to any defendant.
18 Section 2. R.S. 14:107.6 is hereby enacted to read as follows:
19 §107.6. Unauthorized camping on public property
20 A. Unauthorized camping on public property is the intentional use of any
21 tent, shelter, or bedding constructed or arranged for the purpose of or in such a way
22 to permit overnight use on public property that is not a designated campground.
23 B. For the purposes of this Section, the following terms have the following
24 meanings:
25 (1) "Designated campgrounds" mean any area or portion of an area of public
26 property that has been designed, designated, or approved by a public entity for the
27 allowable purpose of overnight use, such as camping.
28 (2) "Public property" means any property owned or controlled by the state
29 or any local or political subdivision of this state.
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1 C. Whoever violates the provisions of this Section shall be punished as
2 follows:
3 (1) On a first conviction, the offender shall be fined not more than five
4 hundred dollars, imprisoned for not more than six months, or both.
5 (2) On a second or subsequent conviction, the offender shall be fined not
6 more than one thousand dollars and imprisoned with or without hard labor for not
7 less than one year nor more than two years.
8 D. An offender who violates the provisions of this Section may be eligible
9 for the Homelessness Court program, if such a program is available in the
10 jurisdiction and the offender meets all of the requirements set forth in Chapter 33-D
11 of Title 13 of the Louisiana Revised Statutes of 1950 for participation in the
12 program.
13 Section 3. Part IV of Chapter 3 of Title 40 of the Louisiana Revised Statutes of 1950,
14 comprised of R.S. 40:581.1 through 582, is hereby enacted to read as follows:
15 PART IV. HOMELESSNESS
16 §581.1. Public camping; policy; definitions
17 A. To protect the health, safety, and welfare of the people of this state, the
18 purpose of this Part is to prohibit camping in public areas and rights-of-way not
19 specifically designated for that purpose.
20 B. As used in this Part, the following terms have the following meanings:
21 (1) "Department" means the Louisiana Department of Health.
22 (2)(a) "Public camping" means either of the following:
23 (i) Lodging or residing overnight in a temporary outdoor habitation used as
24 a dwelling or living space and evidenced by the erection of a tent, the presence of
25 bedding or pillows, or the storage of personal belongings for the purpose of
26 habitation.
27 (ii) Lodging or residing overnight in an outdoor space without a tent or other
28 temporary shelter.
29 (b) "Public camping" does not mean any of the following:
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1 (i) Lodging or residing overnight in a motor vehicle that is registered,
2 insured, and located in a place where it is lawful to do so.
3 (ii) Camping for recreational purposes on property designated for such
4 purposes during the hours permitted by the recreational area.
5 (iii) Any camping, lodging, or other recreational activity in a state park
6 during the hours permitted by the state park.
7 §581.2. Prohibition of public camping; exceptions
8 A. Except as provided in Subsection B of this Section, no political
9 subdivision shall authorize or otherwise allow any person to regularly engage in
10 public camping on a public property, including but not limited to a public building
11 or its grounds or a public right-of-way under the jurisdiction of the political
12 subdivision.
13 B.(1) A political subdivision may, by majority vote of the political
14 subdivision's governing body, designate property owned by the political subdivision
15 or a municipality within the boundaries of the political subdivision to be used for a
16 continuous period of no longer than one year for the purposes of public camping
17 subject to all of the following conditions:
18 (a) There are not sufficient open beds in homeless shelters in the political
19 subdivision for the homeless population of the political subdivision.
20 (b) The designated property is not contiguous with property designated for
21 residential use by the political subdivision in the local government comprehensive
22 plan and future land use map.
23 (c) The designated property would not adversely and materially affect the
24 property value or safety and security of other existing residential or commercial
25 property in the political subdivision and would not negatively affect the safety of
26 children.
27 (2) The political subdivision shall notify the department within ten days of
28 designating property for public camping in accordance with procedures established
29 by the department.
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1 C.(1) If a political subdivision designates property of the political
2 subdivision or municipality to be used for public camping, it shall establish and
3 maintain minimum standards and procedures related to the designated property for
4 all of the following purposes:
5 (a) Ensuring the safety and security of the designated property and the
6 persons lodging or residing on the property.
7 (b) Maintaining sanitation, including but not limited to providing access to
8 clean and operable restrooms and running water.
9 (c) Coordinating with federal, state, local, and private entities to provide
10 access to behavioral health services, which shall include substance abuse and mental
11 health treatment resources.
12 (d) Prohibiting illegal substance use on the designated property and
13 enforcing such prohibition.
14 (2) Within thirty days after designating property for public camping, the
15 political subdivision shall publish the minimum standards and procedures on the
16 website of the political subdivision. The political subdivision and municipality shall
17 continue to make policies and procedures publicly available for as long as any
18 political subdivision property remains designated for public camping.
19 D. The department may inspect a designated property at any time and the
20 secretary may provide notice to the political subdivision with a recommendation that
21 the designated property be closed if he determines that the requirements of this
22 Section are no longer satisfied or if the surgeon general determines that there is a
23 public health threat or emergency. A political subdivision shall publish any notice
24 issued by the department on the website of the political subdivision within five
25 business days after receipt of the notice.
26 §582. Housing and services for individuals experiencing homelessness
27 A. The department, in consultation with the office of the state fire marshal,
28 may promulgate rules to establish minimum housing standards for emergency
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1 shelters, community facilities, licensed group homes, and halfway houses, and shall
2 consider critical aspects such as safety, sanitation, privacy, and habitability.
3 B. The office of state fire marshal shall assist in the implementation of the
4 provisions of this Section by conducting inspections of emergency shelters,
5 community facilities, licensed group homes, and halfway houses to verify that the
6 housing options available to individuals experiencing homelessness are safe and
7 sanitary.
8 C. The department may do both of the following:
9 (1) Promulgate rules in accordance with the Administrative Procedure Act
10 to implement the provisions of this Section.
11 (2) Submit waivers from the Centers for Medicare and Medicaid Services to
12 obtain funding to provide healthcare and housing services to individuals who are
13 experiencing homelessness and suffering from illnesses.
14 Section 4. R.S. 44:4.1(B)(6) is hereby amended and reenacted to read as follows:
15 §4.1. Exceptions
16 * * *
17 B. The legislature further recognizes that there exist exceptions, exemptions,
18 and limitations to the laws pertaining to public records throughout the revised
19 statutes and codes of this state. Therefore, the following exceptions, exemptions, and
20 limitations are hereby continued in effect by incorporation into this Chapter by
21 citation:
22 * * *
23 (6) R.S. 13:1905, 2593, 3715.3, 3715.4, 3734, 4687, 5108.1, 5304, 5366(L),
24 5385(L)
25 * * *
26 Section 5. This Act shall be known and may be cited as the "Streets to Success Act."
27 Section 6. This Section and Sections 1, 2, 4, 5, and 7 of this Act shall become
28 effective upon signature by the governor or, if not signed by the governor, upon expiration
29 of the time for bills to become law without signature by the governor, as provided by Article
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1 III, Section 18 of the Constitution of Louisiana. If vetoed by the governor and subsequently
2 approved by the legislature, this Act shall become effective on the day following such
3 approval.
4 Section 7. The provisions of Section 3 of this Act shall become effective on January
5 1, 2027.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 211 Reengrossed 2026 Regular Session Villio
Abstract: Provides relative to the creation, administration, and eligibility requirements of
the Homelessness Court program.
Proposed law authorizes each district court by rule to designate one or more divisions as a
Homelessness Court program to which participants are assigned. Further permits each
district court to establish a probation program to be administered by the presiding judge or
judges thereof or by an employee designated by the court.
Proposed law defines "Homelessness Court program" and "participant".
Proposed law provides for all of the following relative to the program:
(1) The purpose, goals, and creation.
(2) Participation eligibility, screening, and assessments.
(3) Probationary and program conditions.
(4) The right of the defendant to be represented by legal counsel in all hearings.
(5) The duties of the defendant, the court, and of the district attorney.
(6) Disposition of the defendant upon satisfactory completion of or failure to complete
the program.
Proposed law creates the crime of unauthorized camping on public property and provides
that this crime is the intentional use of any tent, shelter, or bedding constructed or arranged
for the purpose of or in such a way to permit overnight use on public property that is not a
designated campground.
Proposed law defines "designated campgrounds" and "public property".
Proposed law provides for penalties as follows:
(1) On a first conviction, a fine of not more than $500, imprisonment for not more than
six months, or both.
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(2) On a second or subsequent conviction, a fine of not more than $1,000 and
imprisonment with or without hard labor for not less than one year nor more than
two years.
Proposed law provides that an offender who violates proposed law may be eligible for the
Homelessness Court program, if such a program is available in the jurisdiction and the
offender meets all of the requirements set forth in proposed law for participation in the
program.
Proposed law provides for a statement of legislative intent and defines "department" with
respect to the La. Dept. of Health (LDH) and "public camping".
Proposed law prohibits any political subdivision from permitting or otherwise allowing any
person to regularly engage in public camping on a public property, including but not limited
to a public building or its grounds or a public right-of-way under the jurisdiction of the
political subdivision.
Proposed law authorizes a political subdivision, by majority vote of the political
subdivision's governing body, to designate property owned by the political subdivision or
a municipality within the boundaries of the political subdivision to be used for a continuous
period of no longer than one year for the purposes of public camping subject to certain
conditions.
Proposed law provides for duties of the LDH.
Proposed law requires the political subdivision to notify the LDH within 10 days of
designating property for public camping in accordance with procedures established by LDH.
Proposed law requires a political subdivision to establish and maintain minimum standards
and procedures for certain enumerated purposes related to any political subdivision or
municipal property that is designated for public camping. Further provides for dissemination
of these minimum standards and procedures on the website of the political subdivision
within 30 days of designation.
Proposed law provides for duties of the state fire marshal.
Present law (R.S. 44:4.1(B)(6)) provides for a list of exemptions from public disclosure of
certain information contained in present law (Title 13 of the La. R.S.).
Proposed law retains present law and adds the registration and other records of a treatment
facility pertaining to the Homelessness Court program.
Proposed law relative to the Homelessness Court program, the crime of unauthorized
camping on public property, and the public records exception becomes effective upon the
governor's signature.
Proposed law relative to the prohibition, procedures, and enforcement pertaining to public
camping becomes effective on Jan. 1, 2027.
(Amends R.S. 44:4.1(B)(6); Adds R.S. 13:5381-5386, R.S. 14:107.6, and R.S. 40:581.1-582)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Judiciary to the original
bill:
1. Authorize LDH to promulgate and adopt regulations regarding licensed group
homes.
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2. Eliminate enforcement provisions permitting parties to bring a civil action and
receive awards of penalties, attorney fees, and expenses against a political
subdivision or municipality to enjoin a violation of law.
3. Provide respective effective dates of proposed law.
The House Floor Amendments to the engrossed bill:
1. Make technical changes.
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