It will be illegal to use public land for long-term camping and sleeping under a new law in Indiana.
Public land is owned by the state or local government. In Indianapolis, that includes places such as sidewalks, Pleasant Run Trail and University Park downtown.
Senate Enrolled Act 285 passed out of the House and Senate with support from Republicans.
The law takes effect July 1.
How the law works
The first time you are caught violating the law, you would get a warning from law enforcement. The officer can make an emergency detention if, for example, they reasonably believe you are “gravely disabled” as defined by Indiana law and need to get to a hospital.
Otherwise, the officer is supposed to give you information about nearby locations where you can get services and shelter.
After that initial warning, you would have 48 hours to move at least 300 feet away from where the warning was issued.
If an officer sees you violate the law again, you could be charged with a Class C misdemeanor. That is the lowest-level crime in Indiana and could lead to jail time and a fine.
If you’re arrested
Here’s what would likely happen if you’re arrested:
Booking
First, you would be taken to the Community Justice Campus, 675 Justice Way, which is where the jail and courts are. You would likely be released from there without having to pay bail and told when to come back for your court date. That process could change if you’re facing other charges or have an arrest warrant.
Charges
Police would present their evidence to the Marion County Prosecutor’s Office. The office would decide whether to charge you.
If you are charged, you might be able to take part in a diversion program offered through the prosecutor’s office. In 2024, the office started referring people to an organization to get help with housing.
Punishment
If you are charged and convicted, the maximum penalty is 60 days in jail and a $500 fine.
However, if you’ve never been convicted for a serious crime before, state law says you can get earned credit time. That means you would be in jail for a maximum of 30 days.
What if there aren’t any shelter beds available?
One defense to prosecution is if there aren’t available beds at a shelter or treatment facility within 5 miles.
It is also a defense to prosecution if you’ve been released within the last six months from a facility where you were being held after a finding that you were mentally ill and either gravely disabled or dangerous. Indiana law defines “dangerous” as a “substantial risk that the individual will harm the individual or others.”
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Mirror Indy reporter Tyler Fenwick covers housing and labor. Contact him at 317-766-1406 or tyler.fenwick@mirrorindy.org. Follow him on X @ty_fenwick and Bluesky @tyfenwick.bsky.social.
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