An Act To Decriminalize Homelessness
Maine Legislature, Session 130, LD 1478
Committee: Criminal Justice and Public Safety
Sponsors: MORALES, CLOUTIER, GERE, GROHOSKI, LOOKNER, PLUECKER, WARREN
Amends: 17-A MRSA §18

Legislative Document
No. 1478
H.P. 1093
House of Representatives, April 14, 2021
An Act To Decriminalize Homelessness
Received by the Clerk of the House on April 12, 2021.  Referred to the Committee on 
Criminal Justice and Public Safety pursuant to Joint Rule 308.2 and ordered printed pursuant to 
Joint Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative MORALES of South Portland.
Cosponsored by Representatives: CLOUTIER of Lewiston, GERE of Kennebunkport, 
GROHOSKI of Ellsworth, LOOKNER of Portland, PLUECKER of Warren, WARREN of 
Hallowell, WARREN of Scarborough.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  17-A MRSA §18 is enacted to read:
§18.  Homelessness crisis protocol
Notwithstanding any provision of law or municipal ordinance to the contrary, a person 
who lacks a home who violates any of the provisions of law listed in subsection 2 because 
the person lacks a home is not subject to arrest and prosecution for the offense and must be 
treated in accordance with a homelessness crisis protocol adopted by the law enforcement 
agency under subsection 4.
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings.
A.  "Law enforcement agency" has the same meaning as in Title 25, section 3701, 
subsection 1.
B.  "Law enforcement officer" has the same meaning as in section 2, subsection 17.
2.  Listed offenses.  The following offenses qualify a person for response using a 
homelessness crisis protocol adopted pursuant to subsection 4:
A.  Criminal trespass that is based on conduct that is prohibited as loitering or seeking 
shelter in a public place in violation of section 402, subsection 1, paragraph C or F;
B.  Disorderly conduct in violation of section 501-A, subsection 1, paragraph A, 
subparagraph (1) that is based on making loud and unreasonable noises, activating a 
device or exposing a substance that releases a noxious and offensive odor or engaging 
in fighting without being licensed to do so;
C.  Indecent conduct that is based on urinating in public in violation of section 854;
D.  Possession of a scheduled drug that is based on using the scheduled drug in violation 
of chapter 45; and
E.  Public drinking that is based on drinking liquor in a public place in violation of Title 
17, section 2003-A, subsection 2.
3.  Law enforcement response to a listed offense by a person who lacks a home.  A 
law enforcement officer who encounters a person committing an offense listed in 
subsection 2 shall inquire whether the person has a home or lacks a home.  If the person 
lacks a home, the law enforcement officer shall respond to the person using the 
homelessness crisis protocol adopted by the officer's law enforcement agency under 
subsection 4.
4.  Adoption of homelessness crisis protocol.  By January 1, 2022, the Attorney 
General shall adopt a homelessness crisis protocol to be adopted by all law enforcement 
agencies and to be used by a law enforcement officer in responding to a person who lacks 
a home who is committing or has committed an offense listed in subsection 2.  The 
homelessness crisis protocol must provide mental health and substance use disorder 
professionals who are trained in crisis response to respond to the encounter between the 
law enforcement officer and the person who lacks a home and who are able to provide 
appropriate information and referrals to resources in the community, including, but not 
limited to, crisis services, emergency and transitional housing and case management 
services.
SUMMARY
This bill provides a response other than traditional arrest for a person who lacks a home 
who commits certain listed low-level violations of law.  The bill requires the Attorney 
General to adopt a homelessness crisis protocol to be adopted by law enforcement agencies. 
The protocol must provide mental health and substance use disorder professionals who are 
trained in crisis response to respond to the encounter between the law enforcement officer 
and the person who lacks a home and provide appropriate information and referrals to 
resources in the community, including, but not limited to, crisis services, emergency and 
transitional housing and case management services.