Boise police outline enforcement approach after state camping law takes effect

Boise — Lieutenant Matt Sly of the Boise Police Department told the Parks and Recreation Commission on July 17 that the department has adjusted operations following the July 1 effective date of Senate Bill 1141, which updates state law regarding public camping and sleeping.

Sly opened by reading the statute's operational definition: "Public camping or sleeping means unauthorized lodging or residing in a temporary, outdoor habitation used as a dwelling, lodging, or living space," and said the law "may be evidenced by the erection of a tent or other temporary shelter, including a motor vehicle, or recreational vehicle." He told commissioners the department will continue outreach and referrals while also enforcing the new state restrictions.

The new state law (Senate Bill 1141) prohibits cities with populations of 100,000 or more from permitting or enabling public camping or sleeping on public property, building grounds, roadways or rights-of-way, Sly said. Under the ordinance Boise adopted to comply with the law, public camping or sleeping on public roads or rights-of-way is an infraction carrying a $10 citation; Sly noted court fees make the actual cost higher — "just over $50," he said, when fees are added.

Why it matters: Sly said a key operational change is that officers no longer must verify shelter availability before issuing a citation. "There's no longer requirement to verify that shelter availability ... before any enforcement action is taken," he said, explaining that prior to July 1 officers often could not take enforcement steps when shelters were full.

Sly described prior and current on-the-ground work. From March 1 the department deployed four bike officers on extended shifts focused on the Shoreline District near the river and Greenbelt; the effort cost the department $227,346 in overtime and, Sly said, generated positive feedback from businesses in that area. He said the majority of prior citations were issued along the Greenbelt and Shoreline District.

Commissioners asked how officers will apply discretion in ambiguous situations. Commissioner Raber asked whether someone taking a short nap in a park during a lunch break would be treated as camping. Sly acknowledged the statute’s use of "prolonged" creates ambiguity: "That makes it super difficult for our officers to be able to determine that, and so we've gotta ask good questions and talk to people about what they're doing there," he said, adding that officers will continue to couple enforcement with offers of services where possible.

Sly also described data limitations: bike officers do not have in-vehicle computers to record all contacts, so the department cannot capture every instance of service offers or refusals. He said the Behavioral Health Response Team tracks many of those contacts when they respond. Sly said enforcement practice will be similar to prior operations in the Shoreline District but now can proceed even when shelter capacity is limited.

The commission did not take any formal action on the presentation. Commissioners thanked Sly for the briefing and for the department's collaborative work with city partners and community stakeholders.