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Maui County can do better when it comes to helping our brothers and sisters who need the basics of food, clothing and shelter. I wrote a bill (HCP-30) to decriminalize homelessness, which I hope will be scheduled for a hearing soon, to address one specific piece of the puzzle. It is not a cure-all, but it does untie the county prosecutor's hands and allow them to start dealing with our homeless population with some compassion.
"Decriminalizing homelessness" simply means removing the mandatory minimum fine for trespassing in county parks. Currently, the prosecutors must fine a homeless person cited for being in a county park after hours a minimum of $150, no matter what their situation. I find it cruel and very unusual to charge the poor for being poor, and being in a public space, especially if they are not posing a risk to anyone. If they can't pay, a bench warrant is issued and they will end up in the prison system, which can be a yearslong series of fines, jail time and more fines. The costs spiral out of control quickly, the problem is compounded and the likelihood of the individual climbing out of poverty is slim.
Let me be clear, if HCP-30 passes, it would still be illegal to trespass when a county park is closed, but the county prosecutors would have the discretion/leeway to direct people to services like shelters, medical help, mental health services, addiction programs and social work support, instead of just paying a fine, which they likely can't afford.
We must address Maui's unsheltered population with a more compassionate approach, with solutions instead of punishment. Mandatory minimum fines serve only to criminalize homelessness, not solve it. This bill will help our county prosecutors use their discretion, and help people who need it by assigning services and support, but it also allows authorities to assign fines for people who are disturbing the peace or creating safety concerns.
There are many paths to help our homeless, and I hope this bill will allow for some compassion in the short term, while we work on more long-term solutions that will get people off of the streets.
* Gabe Johnson is the Maui County Council Member representing Lanai. He is the chair of the Affordable Housing Committee.