Policing, Jail Incarceration, and Homelessness: Evidence from a Representative Study in California

• In Event: Homelessness and the Criminal Justice System

Abstract

Introduction/Background: Policing- and punishment-based responses to homelessness have intensified in recent years, particularly for people experiencing unsheltered homelessness in public space -- a trend reinforced by the Supreme Court’s decision in City of Grants Pass v. Johnson (2024) and subsequent state and local legislation. Despite growing policy attention, limited evidence exists on how shelter status shapes exposure to police contact and jail incarceration.

Purpose/Research Question: This study examines whether and how shelter status is associated with police harassment and jail incarceration during episodes of homelessness.

Methods: We use data from the California Statewide Study of People Experiencing Homelessness (CASPEH), a representative survey of 3,200 adults experiencing homelessness in California (2021–2022). We estimate weighted prevalence and use regression models to assess associations between shelter status and (1) police harassment, (2) any jail incarceration, and (3) jail stay duration (short vs. longer stays), adjusting for demographic, structural, social detachment, and behavioral health factors.

Results/Findings: Criminal legal contact is widespread. Nearly half of participants reported police harassment, and one-third experienced jail incarceration during their current episode of homelessness. Unsheltered individuals—especially those living outdoors—faced substantially higher risks of both outcomes than sheltered individuals, even after adjustment. They also had elevated odds of both short and longer jail stays relative to no incarceration, consistent with enforcement tied to visibility in public space. Individuals residing in vehicles fell between those living outdoors and those in sheltered settings, suggesting a gradient of exposure.

Conclusion/Implications: These findings provide timely evidence for post-Grants Pass policy debates. High levels of police contact and incarceration among unsheltered individuals predate the decision, indicating that expanded enforcement authority may intensify existing disparities. Punitive approaches alone are unlikely to resolve homelessness. Policies that deprioritize enforcement, expand non-police responses, increase access to low-barrier shelter, and invest in Housing First may better promote housing stability and public health while reducing cycles of criminal legal contact.

Author

• Dallas Augustine, San José State University
  Presenting Author