individually and on behalf of themselves Case Document 81 Filed 02/08/11 Pagelof? i: Z?il FEB *8 lii?llh 08BE, Lily-hi .-. . .. (31-min tiisiia?wl l? emu?" MW BY UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA GREG RANDALL MARGARET JIMMY SYLVIA JUAN STEVEN and ROBERT YBARRA, Civil Case No.: 04 BEN (WMC) SUPPLEMENT TO STIPULATION AND ORDER MODIFYING SETTLEMENT AGREEMENT AND ORDER THEREON. and all others similarly situated, Plaintiffs, i vs. The CITY OF SAN CITY OF SAN DIEGO POLICE and CHIEF OF POLICE WILLIAM LANSDOWNE, in his official capacity only, Defendants. On October 10, 2010 this court entered its Order re: Stipulation Modifying Settlement Agreement which Order specified, among other things, that the parties to this action were to meet and confer and to agree upon "(t)he specifics of the modification of the existing order (that) will be incorporated into the SDPD Training Bulletin re: ILLEGAL LODGING - Penal Code 647(e) (04cv2314) SUPPLEMENT TO STIPULATION AND ORDER SETTLEMENT AGREEMENT 1 ase Document 81 Filed 02/08/11 PageID.941 Page20f7 The parties to this action have met and conferred and agreed upon the modi?cations to SDPD Training Bulletin re: ILLEGAL LODGING Penal Code 647(e) dated December 15. 2010, as set forth at section CENTRAL DIVISION DOWNTOWN ENFORCEMENT PROCEDURES of Exhibit A, attached hereto and incorporated by reference. Based upon the discussions between the parties. the files. records and pleadings in this case, and for good cause appearing, the parties, by and through their attorneys, hereby stipulate and agree as follows: 1. The modi?cations set forth in SDPD Training Bulletin re: ILLEGAL LODGING Penal Code 647le) at section CENTRAL DIVISION DOWNTOWN ENFORCEMENT PROCEDURES shall be included in and supplement the Order is: Stipulation Modifying Settlement Agreement issued by this Court on November 10, 2010. 2. ?The present terms of the"?"2007 Settlement and Order remain in effect throughout the City of San Diego, except to the extent it is hereby modified in the Downtown Area by section CENTRAL DIVISION DOWNTOWN ENFORCEMENT PROCEDURES of SDPD Training Bulletin re: ILLEGAL Penal Code 647(e). 3. .The Court reserves jurisdiction- to interpret and enforce this Order.- IT IS SO STIPULATED: I Dated: 3, 2011 - SAN DIEGO VOLUNTEER LAWYER. - PROGRAM 1 COHELAN, KHOURY SINGER By: s/Timothv Cohelan Attorneys for Plaintiff E-mail: -and- DREHER LAW FIRM By: s/Robert Scott Dreher Attorneys for Plaintiffs E-rriail: scott@dreherlawfirm.com (04cv2314) SUPPLEMENT TO STIPULATION AND ORDER MODIFYING SETTLEMENT AGREEMENT 2 Case Document 81 Filed 02/08/11 PageID.942 Page30f7 OFFICE OF THE CITY ATTORNEY OF THE CITY OF SAN DIEGO By: s/Daniel Bamberq Attorneys for Defendants E-mailz' dbamberg@sandiego.gov In accordance with the foregoing stipulation of the parties. the files, records and pleadings in this matter, and for good cause appearing, Datedle HON. WILLIAM Jr. United States Magistrate Judge United States District Court (04cv2314) SUPPLEMENT TO AND ORDER MODIFYING SETTLEMENT AGREEMENT 3 Case Document 81 Filed 02/08/11 PageID.943 Page4of7 EXHIBIT San Diego Police Department TRAINING BULLETIN A PUBLICATION OF THE SAN DIEGO POLICE DEPARTMENT WILLIAM M. LANSDOWNE CHIEF OF POLICE . 06-03R December 15, 2010 CITYWIDE ILLEGAL LODGING .. Penal Code 647 THIS TRAINING BULLETIN SUPERSEEDS THE TRAINING ULLE TIN DA TED MA 7, 2007. I. BACKGROUND Penal Code 647(e) prohibits lodging in any building, structure, vehicle, or place, PUBLIC or PRIVATE, without the permission of the owner or lawful possessor tenant, manager). The San Diego Police Department?s enforcement of 647(e) RC. is citizen complaint driven. Violations of illegal lodging, EC 647(e), may include individuals who also suffer from. a wide range of health problems, including contagious diseases, mental illness, and . substance abuse. They may also be involved in other criminal behaviors, including. -. disorderly conduct offenses, such as public urination, and more serious crimes including drug dealing. These behaviors affect both the illegal ledger and the citizens who work and live in the area. The police response to areas affected by illegal lodgers is threefold (presented in no significant sequence): 0 To prevent crime; 0 To enforce the law; and, 0 To assist those who cannot assist themselves. During enforcement action for illegal lodging of?cers must remember that part of the ?police role? is to provide education on the whereabouts of social agencies and inform individuals they are breaking the law. Individuals thought to be in violation of PC 647(e) should be educated about illegal lodging laws and given handouts, such as the ?Downtown Directory of Social Services? and ?Homeless Outreach Team? business cards. Documentation of these contacts should be made on. ?eld interview forms. II. Case Document 81 Filed 02/08/11 PageID.944 Page50f7 In addition to enforcing the law, police also assist those who cannot assist themselves by putting them in contact with appropriate medical, social, and other services. This assistance can range from. providing referral information on working with other professionals such as PERT, the Homeless Outreach Team or any San Diego County services. Additionally, the police have a reSponsibility to physically take a person. into custody when they diSplay an imminent threat either to themselves or others pursuant to 51 50. ILLEGAL LODGING ENFORCEMENT GUIDELINES The following guidelines are to be followed with respect to illegal lodging enforcement: 1. Of?cers should. only enforce illegal lodging in those areas where the City has received complaints. Of?cers shall not in the ordinary course" of duty issue citations between the hours of 2100 and 0530. If an of?cer encounters an individual illegally lodging in an area where complaints have been received, prior to taking any enforcement action, the of?cer should ?rst conduct computer checks for past illegal lodging history, warrants, criminal history, ARIIS for ?eld interviews related to past illegal lodging warnings, and veri?cation of status of any citizen complaints. Of?cers should inquire as to whether the individual sought shelter for the night before, and document what that individual did or did not do with respect to seeking shelter the night before the potential enforcement action. Of?cers should then determine whether the individuals in violation of PC 647(e) desire assistance in the form of shelter or other social services. If services are requested, of?cers should direct or assist interested individuals to the appropriate service providers. Of?cers should educate individuals of applicable illegal lodging laws, explain how to obtain shelter beds and give ?Homeless Outreach Team? contact information to the individual. If the individual refuses services, officers shall ask the individual to voluntarily move from the area. If an individual refuses to voluntarily move from the area .in question and rejects all offers for shelter and social services, of?cers may then. consider citing for illegal lodging (PC 647(e). Of?cers should consider physical arrest for PC 647(e) only in those situations where an individual. has either been repeatedly cited within a short period. of time (30 days) or where an individual refuses to leave the area in question after being cited by an of?cer. Case Document 81 Filed 02/08/11 PagelD.945 Page60f7 IV. CENTRAL DIVISION DOWNTOWN ENFORCEMENT PROCEDURES 1. Of?cers may enforce illegal lodging PC 647(e) twenty four hours a day, 7 days a week in the ?Downtown Area.? The ?Downtown Area? is the area bounded by Laurel Street to the north, I-S to the east (eastern edge), San Diego Bay to the west, and Si gsbee Street to the south. 2. If an of?cer encounters an individual. who is violating PC 647(e), the of?cer may take enforcement action if there is then a shelter bed available for that individual. Before commencing the enforcement action, the of?cer shall offer that bed to the individual violator. 3. If the individual accepts the shelter bed, the of?cer will contact the Watch Commander, ask for the ?On-Call? Homeless Outreach Team (HOT) phone number, and advise the HOT of?cer that an individual has accepted a shelter bed in lieu of enforcement. 4. . The HOT of?cer will re- -con.?rm an available shelter bed for the person within the - ?Downtown Area? or within a ?ve mile radius of 25th Street and Market Street. The on call HOT of?cer will document the placement and arrange the shelter bed location 5.. The contact of?cer will transport the individual to. the Shelter bed and document .. the incident with. a Field Interview. 6. In the event the individual refuses to accept the available shelter bed, the of?cer will take appropriate enforcement action which may include a citation or physical arrest as outlined in Section IV. 7. Prior to a physical arrest, the of?cer will request a Field Supervisor to the scene. The supervisor will make the ?nal decision on the appropriate level of enforcement. The contact officer must document the offer and refusal of the available bed for the individual 111 the citation or an est report, including the location of the bed. 8. If no shelter bed is available in the ?Downtown Area" for the individual, or the individual is turned down by the service provider for an available bed, no enforcement action will be taken. ILLEGAL LODGING ENFORCEMENT PROCEDURES Prior to any arrest or citation the following procedures should be followed: Illegal lodging arrests and citations must document the two ELEMENTS of ?lodging and without permission?: ,777 W- Case Document 81 Filed 02/08/11 PageID.946 Page7of7 1. Lodging a. What kind of place/structure is it? Address is not enough information. Note it? regular encampment; type and frequency of citizen complaints Bedding; blanket, ta1 p, box, sleeping bag, etc. Belongings- food, pets, clothing, shopping cart, utensils, and furniture? Prior Contacts-for what, when, where? Admissions-how long there, how often there, overnight? It is insuf?cient to support a charge of illegal lodging if a person is sleeping with no other evidence of lodging. tor??99?" 2. Without Permission a. Statement by owner/occupant b. Owner/occupant?s name and address. c. Trespass letter/Letter of Authorization will be suf?cient. IV. ADDITIONAL INVESTIGATIVE CONSIDERATIONS 1. Photographs of suspect at encampment, with. his/her belongings are very helpful. 2. Completely fill out form reports and individualize contact with a narrative. Attempt to locate the reporting party and/or any witnesses to the illegal lodging. Witness and rep01 ting party statements/information must be included in the reports: - . Of?cers should. ask investigative type questions while speaking with suspects. For example: 0 How long have you been homeless? Have you had any contacts with social services agencies? Which ones and what happened? Are. you. currently receiving any type of income? Social Security) Have you been warned about illegal lodging? Have you had contact with the SDPD Homeless Outreach Team? Have you attempted to locate housing or shelter? 3. Investigate for evidence of other crimes such as under the in?uence, warrants, and possession of paraphernalia or controlled substances. Any questions or concerns regarding this Training Bulletin. should be directed to Sergeant Rick Schnell, Homeless Outreach Team, 619?850?0655.