Bismarck City Commissioners have decided against implementing mandatory minimum jail sentences for individuals violating the city's homeless camping ordinance. The decision to shelve the controversial proposal came after a Tuesday City Commission Meeting, where commissioners heard input from residents and homeless advocates, according to information from The Dakotan.
The proposed changes would have added specific jail terms for repeat offenses to an existing city ordinance against homeless camps, which went into effect in 2024. Under the previously considered plan, a second offense within a single year could have resulted in no less than four consecutive days of imprisonment. A third offense within the same year would have carried a minimum sentence of seven consecutive days in jail. For a fourth offense within one year, the proposal called for no less than 15 days' imprisonment.
Beyond potential jail time, the city had also been considering other significant revisions to its ordinance. These included making it illegal for property owners to assist someone camping on public property. Additionally, the proposed changes would have allowed law enforcement to remove homeless camps without prior notice, according to an article from the Bismarck Tribune.
Mayor Mike Schmitz and Police Chief Jason Stugelmeyer had both indicated that the proposed adjustments were primarily intended to target repeat offenders of the existing camping ordinance. However, opponents of the new penalties argued that such measures would criminalize homelessness.
The discussion around potential jail sentences for campers occurred amidst ongoing challenges with inmate capacity in the region. The Burleigh/Morton County Detention Center is currently managing a rise in its inmate population, largely due to taking on overflow from the North Dakota State Penitentiary, as reported by the North Dakota Monitor. The state's prison system itself is facing severe overcrowding issues, contributing to the strain on local facilities and adding another layer of consideration to proposals that could increase the inmate count.
Following the commissioners' decision to withdraw the jail sentence provisions, Mayor Schmitz stated that the city still needs to find a path forward to address the problem of homeless camping, indicating the issue remains a focus for city leaders.