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Advocates press Judiciary Committee to bar criminal penalties for sleeping outside
Summary
Delegate Jessica Feldmark presented House Bill 11‑64, a "Right to Rest" proposal that would bar criminal penalties for people who sleep or rest in public spaces when no alternative shelter is available.
Delegate Jessica Feldmark presented House Bill 11‑64, commonly described in testimony as a "Right to Rest" measure, which would bar criminal penalties for individuals who sleep or rest in public spaces when no alternative shelter is available.
"People experiencing homelessness should not be sleeping outdoors in public spaces," Delegate Feldmark said in opening remarks, adding that criminalization is an inappropriate response and that the bill does not compel counties to provide shelter but would remove criminal penalties for resting when no shelter exists.
Why it matters: public‑health and homelessness service providers told the committee criminal arrests, citations and fines make it harder to engage people in services and to move them into housing. Joanna Diamond of Health Care for the Homeless described outreach, mobile clinics and trust‑building that can take months; she said arrests damage that work. Eric Tarres of the National Homelessness Law Center said criminalization is expensive and counterproductive, citing the U.S. Supreme Court's Johnson v. Grant's Pass decision as a driver of recent local ordinance enforcement and noting that incarceration is costlier than housing.
Local government concerns: the Maryland Association of Counties (MACo) and some county representatives asked the committee to work with sponsors on drafting because the bill preempts local authority to enact or enforce laws prohibiting sleeping in public, raising questions about the balance between county discretion to manage public spaces and the goal of avoiding criminalizing homelessness.
Supporters noted the bill would not prevent counties from using outreach, social services, or appropriate public‑safety measures; it would simply remove criminal penalties for rest and sleeping. Multiple witnesses — including the Office of the Public Defender, hospital social work interns, and homelessness service providers — urged a favorable report, arguing the measure would remove barriers to housing and prevent creation of criminal records that hinder re‑housing.
No committee vote was shown in the transcript; sponsors and advocates asked for continued committee engagement with counties to refine language.
