SB 285

           Second Regular Session of the 124th General Assembly (2026)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
  Additions: Whenever a new statutory provision is being enacted (or a new constitutional
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a new provision to the Indiana Code or the Indiana Constitution.
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between statutes enacted by the 2025 Regular Session of the General Assembly.
    SENATE ENROLLED ACT No. 285
    AN ACT to amend the Indiana Code concerning local government.
    Be it enacted by the General Assembly of the State of Indiana:
    SECTION 1. IC 5-20-1-28 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2026]: Sec. 28. (a) The authority shall establish eligibility
criteria, in accordance with federal law, for a potential recipient to
be included in the authority's application for funding under the
federal Continuum of Care program (24 CFR 578).
    (b) On an annual basis and in a manner prescribed by the
authority, each recipient of funds distributed by the authority
under the federal Continuum of Care program (24 CFR 578) shall
submit a report to the authority summarizing:
      (1) information concerning the recipient's efforts to address
      unsheltered homelessness; and
      (2) whether the recipient reduced unsheltered homelessness.
    SECTION 2. IC 10-11-2-36 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2026]: Sec. 36. Not later than July 1 of each year, the state police
department shall provide to the Indiana housing and community
development authority the information received under
IC 36-1-31.5-4.
    SECTION 3. IC 12-7-2-96 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 96. "Gravely disabled",
for purposes of IC 12-26, means a condition in which an individual, as
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a result of mental illness, is in danger of coming to harm because the
individual:
      (1) is unable to provide for that individual's food, clothing,
      shelter, or other essential human needs; or
      (2) has a substantial impairment or an obvious deterioration of
      that individual's judgment, reasoning, or behavior that results in
      the individual's inability to function independently; or
      (3) lacks a fixed, regular, and adequate shelter, resulting in
      the individual remaining outdoors in places not designed for
      or ordinarily used for sleeping during weather conditions that
      are likely to result in death or serious physical injury, if:
         (A) the individual has refused transportation to a shelter
         or mental health service provider; and
         (B) a shelter or mental health service provider was
         reasonably offered and available.
   SECTION 4. IC 35-52-36-0.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 0.5. IC 36-1-31.5-1 defines a
crime concerning the unauthorized use of land owned by the state
or a political subdivision to camp, sleep, or use for long term
shelter.
   SECTION 5. IC 36-1-31.5 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]:
   Chapter 31.5. Prohibition of Street Camping
   Sec. 1. (a) A person may not camp on, sleep on, or use for long
term shelter land owned by the state or a political subdivision,
unless the land has been authorized for that use by law.
   (b) If a person violates subsection (a), the law enforcement
officer who discovers the violation shall first determine if there are
reasonable grounds for an emergency detention of the person. If
there are reasonable grounds for an emergency detention, the law
enforcement officer shall proceed under IC 12-26-5 and not this
chapter.
   (c) If:
      (1) a person violates subsection (a);
      (2) the person has not previously violated subsection (a); and
      (3) subsection (b) does not apply;
the law enforcement officer who discovers the violation shall first
give the person a warning and provide the person with information
regarding locations authorized by law to provide services or
shelter.
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   (d) A person who knowingly or intentionally violates subsection
(a) commits street camping, a Class C misdemeanor, if:
      (1) subsection (b) does not apply;
      (2) the person has received a warning under subsection (c);
      (3) at least forty-eight (48) hours have elapsed since the
      warning was issued; and
      (4) the person is camping or sleeping on, or using for long
      term shelter, land owned by the state or a political subdivision
      that is located within a three hundred (300) foot radius of the
      location where the warning under subsection (c) was issued.
   (e) A person charged with an offense under subsection (d) is
eligible to participate in a diversion program, including:
      (1) a prosecutorial diversion program under IC 33-39-1-8; or
      (2) a forensic diversion program under IC 11-12-3.7.
   (f) It is a defense to a prosecution under subsection (d) that:
      (1) no beds are available to the person at a shelter or
      treatment facility located within five (5) miles of the location
      where the violation occurred; or
      (2) less than six (6) months have passed since the person was
      released from a facility in which the person was held following
      a finding that the person was mentally ill and either:
          (A) gravely disabled; or
          (B) dangerous;
      under IC 12-26.
   Sec. 2. The court may refer a person charged with an offense
under section 1 of this chapter for evaluation and treatment under
IC 33-23-18-6.
   Sec. 3. (a) A political subdivision shall not adopt or enforce any
policy under which the political subdivision prohibits or
discourages the enforcement of any order or ordinance prohibiting
public camping, sleeping, or other obstruction of a sidewalk.
   (b) In compliance with subsection (a), a political subdivision
shall not prohibit or discourage a law enforcement officer who is
employed by or otherwise under the direction or control of the
political subdivision from enforcing any order or ordinance
prohibiting public camping, sleeping, or other obstruction of a
sidewalk.
   Sec. 4. Not later than March 1 of each year, each local law
enforcement agency shall provide to the state police department
the number of citations issued and arrests made for violations of
section 1 of this chapter by the law enforcement agency during the
preceding calendar year.
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    Sec. 5. (a) Subject to subsection (b), this chapter does not
prohibit a policy, program, or order of a political subdivision that:
      (1) encourages a diversion program; or
      (2) encourages or requires providing housing or shelter
      services in lieu of a citation or arrest.
    (b) A policy, program, or order described in subsection (a) may
not allow a person to remain in the area described in section 1(c)(3)
of this chapter beyond the forty-eight (48) hour period of time after
receiving a warning under section 1(b) of this chapter.
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President of the Senate
President Pro Tempore
Speaker of the House of Representatives
Governor of the State of Indiana
Date:  Time:
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