Community/Homeless Courts

Helping the Homeless

Court Removes Barriers to Help the Homeless, Superior Court of San Diego County.

Overview of Homeless Courts and Community Courts

Homeless courts and community courts are both therapeutic justice courts offering strengths-based, client-centered support and services for homeless and housing-insecure program participants. While programs in different locations vary, generally homeless courts are held at a homeless community service center and involve a one-time court appearance during which participants are recognized for their accomplishments in program activities to address criminal cases, including infractions, misdemeanors, and low-level felony cases. The program activities address the problems that led to their being homeless and help the client become self-sufficient and reclaim their lives. Community courts generally utilize a more standard collaborative court model wherein participants have multiple court appearances and the potential for graduated sanctions. Community courts are designed to address local community concerns and a wide range of issues including quality of life crimes, mental health problems, drug addiction, chronic homelessness, landlord-tenant conflicts, and sex-trafficking cases. The information below provides further details about these important court types.

What Are Homeless Courts?

Homeless courts are designed to help participants address outstanding criminal cases, including infractions, misdemeanors and low-level felony cases that can keep them from being able to secure employment and housing. Sessions are usually held in a local shelter or similar community site where assistance for those experiencing homelessness or who are housing insecure is available. Participants are recognized for accomplishments in program activities. These activities include life skills, chemical dependency or AA/NA meetings, computer and literacy classes, job training or search for employment. Medical care (including mental health services), counseling and other interventions that help them to reclaim their lives. Through engagement in services, successful participants can resolve infractions and misdemeanors. Some homeless courts may also help participants address some civil issues, including child support.

Resolution of outstanding warrants not only meets a fundamental need of homeless people but also eases court case-processing backlogs and reduces vagrancy. Homeless people tend to be fearful of attending court, yet their outstanding warrants limit their reintegration into society, deterring them from using social services and impeding their access to employment. They are effectively blocked from obtaining driver’s licenses, job applications, and rental agreements. The benefits of homeless court programs was recognized by the Chief Justice’s Workgroup on Homelessness in their final report to the Judicial Council.

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History of Homeless Court

In 1989 the first homeless court was established as an outgrowth of San Diego’s Veterans’ Stand-Down Program. Los Angeles started its homeless court in November 2000 using a similar model to  the court in San Diego, with court sessions held at community facilities that serve the homeless, such as the Salvation Army. Since then, California has continued to expand the number of homeless courts, with approximately two dozen currently in the state. Most of the existing courts are held at least monthly with many holding court weekly.

Starting or Enhancing a Homeless Court

The Judicial Council of California and the American Bar Association collaborated to help courts interested in starting a homeless court or seeking to improve or expand their current homeless court, including the ability to better serve families and transitional-aged youth avoid or quickly exit homelessness. This short video discusses the original project. Courts interested in the resources provided as part of the project, including webinars, information on the homeless court model, best practices, links to court tools, sample documents, such as dockets, memorandums of understanding, and provider agreements, as well as information on how to access individualized technical assistance, can access that information here.

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Technical Assistance

The Judicial Council of California and the American Bar Association’s Commission on Homelessness and Poverty are collaborating to address the needs of families and youth who are interacting with the court system by working with existing homeless courts across the state, as well as providing technical assistance to jurisdictions that want to get a homeless court off the ground to serve adults, families, and transition-aged youth. This limited-time project is available at no cost to courts. View this short video or visit the ABA’s Commission on Homelessness and Poverty’s webpage to learn more. 

Tools and Resources

Homeless Court Program Webinar– Homeless court programs allow participants to resolve matters often resulting from conditions of homelessness and poverty. This, in turn, helps reduce barriers to housing and employment. Featuring the San Diego homeless court, this webinar discusses homeless court program implementation, partnerships, successes, and challenges.

Homeless and Community Court Blueprint– Intended for local jurisdictions interested in starting or expanding a homeless or community court program, the Homeless and Community Court Blueprint provides an overview of the different court types. It highlights key principles and examples of effective homeless and community court approaches.

What Are Community Courts?

Like other collaborative justice courts, community courts aim to improve efficiency in judicial proceedings, match sanctions and services to offenders, and build bridges between public and private agencies that serve offenders.

Are You or a Loved One Facing Homelessness?

For self-help legal resources about housing and eviction, visit legal and housing resources here. To find out whether a homeless court or community court likely exists in your community, you can refer to this chart in this information sheet or contact your court’s self-help center for the most recent information. See the self-help locator here.