Tension builds between Sacramento County DA, city officials after latest letter criticizing homeless response

SACRAMENTO, Calif. — The conflict between Sacramento County District Attorney Thien Ho and city officials over the enforcement of homeless policies is ramping up after a letter Ho sent to City Hall Monday.

According to the city, Mayor Darrell Steinberg met with Ho on July 26 to offer a partnership between the district attorney’s office, Sacramento Superior Court, the city and Sacramento County.

Steinberg’s proposal says the county does not plan to implement CARE Court until late 2024 and he outlined several actions they could take as partners. They include:

1. Strict enforcement of misdemeanor crimes involving encampments, including a commitment by the District Attorney’s Office to prosecute low-level, quality-of-life crimes in cooperation with local law enforcement.
2. A comprehensive strategy for prosecution of individuals alleged to commit quality-of-life crimes who either live with serious mental illness and or are under the influence of a controlled substance. Specifically require prosecution that includes an option for court-supervised diversion. This diversion must include alternatives to criminal incarceration, access to mandatory treatment, shelter and or housing.
3. Expansion of alternative courts through additional staffing and services with a special emphasis on homeless, veterans, mental health and drug court processes. Expand the capacity of alternative courts for offenders to obtain access to services in a timelier manner. Publicly report on metrics from these courts, including the number of offenders served, time to access services, and outcomes.
4. Full implementation of City County partnership agreement. County must provide “whatever it takes” approach to treating the mentally ill and drug addicted, including sufficient full-service partnerships (including housing) and other mental health slots needed to comply with court orders for treatment. Connect the services requirement of the City County Partnership agreement to the diversion process described above.
5. Support alternatives to jail booking sites managed by the county for low-level offenses. More sites would provide more direct access to service for offenders.
6. District Attorney’s Office to provide a community prosecutor for the north, south and east/central parts of the City funded by the District Attorney and provide for vertical prosecution and diversion, including into the CNO program as needed.
7. District attorney to lead effort to improve capacity of Sacramento County probation to supervise parolees and address violations.
8. District Attorney to lead expanded partnership with CDCR to better monitor parolee population.
9. Full support for City Council granting City Manager the authority to establish multiple safe ground sites dispersed throughout the City.
10. District Attorney to report on the number and type of cases received, cases filed for prosecution and diversion, reasons for cases not being filed, and outcome of cases countywide.

Ho’s response to the city came in the form of a letter, Monday.

In it, he details some of the “disturbing and appalling” responses to his community survey about 16 encampments throughout the city, which include people assaulted at gunpoint, a soccer game being postponed because of needles on the field and children walking through excrement to get to school. Some people responded reporting their calls for help went unanswered.

Ho says Steinberg requested the district attorney’s office offer diversion on all misdemeanor cases where an unhoused person has been cited, which would result in the dismissal of the charges without evaluating key aspects of the case.

Ho’s letter then requests the city complete several actions over the next month. They include:

Compliance Action:

• Require the City Attorney’s Office to prosecute city codes and ordinances related to provisions of the Sacramento City Code regarding Critical Infrastructure; Sidewalk Obstructions and Pedestrian Interference; Park Use Regulations; Storage of Personal Property on Public Property; and Vehicles and Traffic, as well as provisions of the California Vehicle Code applicable to vehicle encampments. While the District Attorney’s Office has jurisdiction over state misdemeanor and felony offenses, the authority to prosecute city codes and ordinances remains in the sole authority of the city to enforce. Enforcement by the City Attorney’s Office has been inconsistent
• The City Attorney’s Office will provide four (4) additional city attorneys for the north, south and east/central parts of the city, which will be funded by the city. These city attorneys will vertically prosecute violations of city codes and ordinances, and when appropriate provide an individualized diversion program
• Implement compliance protocols that employ three main types of activities: outreach, encampment management/cleanup, and compliance with state law and the Sacramento City Code through engagement with both law enforcement and non-law enforcement personnel.

Temporary Emergency Shelter Space & Camping Space:

• Identify, authorize, and establish emergency shelter space and/or 3 emergency camping space, including but not limited to temporary Safe Ground locations within the City of Sacramento within the next 30 days equal to 75% of the total number of unsheltered individuals estimated to reside in the city pursuant to the last point-in-time (PIT) count conducted by the city
• The city may use any public property, except for city streets, neighborhood parks, or locations within one thousand (1,000) feet of a K-12 school, public library, daycare or preschool facility, or playground, or five hundred (500) feet from a stream or river.
• Ensure strict adherence to the above compliance protocols in and around the above locations to prevent public safety issues in the communities where encampments are located
• Employ a professional operator to maintain the emergency shelter or camping space to ensure public safety and adherence to the law including the following: Use of 24-hour security; Removal of garbage; Use of sanitation equipment.

Implement a Good Neighbor Policy:

• Prohibit and remove all camping within 500 feet of any shelter or Safe Ground location.
• The emergency shelter and temporary Safe Ground locations should provide adequate protection from the weather and elements
• Publicly report on a monthly basis: How many people are moved into the shelter or Safe Ground; How many people from the shelter or Safe Ground are moved into permanent supportive housing; How many people are moved from permanent supportive housing to non-subsidized housing.

Access to Real-Time Data Related to Shelter Beds and a Refusal to Accept Shelter:

• Implement a Coordinated Access Program requiring all providers to share information in real time to assist in coordinated service: Require service providers who receive funding from the City of Sacramento to publicly report on a daily basis the number of shelter beds available and the location of those beds; Availability of shelter beds must be input every morning into a shared information platform along with other important assessment information; This information will be collated and sent to different nonprofits and government agencies (including law enforcement) for potential referrals; This information must be shared on the Homeless Management Information System (HMIS).

Implement the following protocols:

• During the first contact, an unhoused individual who declined the offer of shelter will be given a warning
• During the second contact, a citation will be issued if the unhoused individual rejects the offer for shelter. The citation will later be dismissed after the offer for shelter has been accepted
• A third visit with another rejected invitation will result in a transport to the jail where the individual will be cited and released for a misdemeanor. The citation will be dismissed upon acceptance into a shelter.

Citywide Daytime Camping Ban:

• Implement citywide the same ordinance used to prohibit camping at City Hall between 6 a.m. and 9 p.m.: The city prohibited camping on City Hall property during the day but allowed it in the evening after 9 p.m. This policy was implemented after several city employees were assaulted; The prohibition is valid under Martin vs. Boise. Therefore, the City of Sacramento must implement the same ordinance citywide
• Provide safe and secure locations for those who are unsheltered to store their life necessities during the day and retrieve them in the evening to bring to their temporary campsite.

Implementation of Compliance Protocols and Clearing of Identified Encampments:

• Apply the Compliance Protocols and above-listed procedures and clear within the next 30 days the 16 encampments within the city identified by the Sacramento District Attorney’s Office
• Ensure that individuals in those encampments not relocate or migrate to an area within three (3) city blocks of the original encampment location.

Audit:

• Audit money used by the City of Sacramento to address homelessness for the last two (2) years
• Publicly file a report identifying the amount of funds spent, each entity using the funds, the activities for which the funds were applied, and the numbers of unhoused individuals moved into permanent non-subsidized housing.

Point-In-Time Count:

• Conduct a point-in-time count in July of each year: The City of Sacramento will pay individuals to conduct the count; Data will be collected as to whether unsheltered individuals lived in Sacramento prior to becoming unhoused.

The letter concludes with a legal notice related to Penal Code Section 373a, which says each person who allows a nuisance to exist on their property or premises after reasonable notice in writing from a district attorney is guilty of a misdemeanor.

Steinberg held a media availability Tuesday to discuss Ho’s response. A statement from the city says the letter deflects responsibility, takes credit for programs the city started, lacks understanding of existing systems and structures and includes demands that would financially harm the city.

WATCH MORE: Sacramento County DA sends out questionnaire for potential lawsuit over homeless response