Did Maine Democrats decriminalize several crimes if the offender says they are homeless? | Fact brief

Maine law does not exempt people from any crimes simply because they say they are homeless.

A 2021 bill sponsored by state Rep. Victoria Morales, D-South Portland, initially proposed barring arrests and prosecutions for certain offenses committed because someone lacked housing. But lawmakers removed that provision before enactment.

Instead, the law requires officers to ask whether someone accused of certain crimes has a home. It covers five offenses: trespassing, disorderly conduct, public urination, drug possession for illegal use and drinking alcohol in prohibited public places.

For those without housing, police must follow their department’s homelessness crisis protocol. Protocols include referrals to crisis services, mental health and substance use professionals, emergency housing and case management. The Maine attorney general’s model favors referrals over citations or arrests, which it calls a last resort. 

However, departments can adopt different protocols, and police still may issue citations or make arrests when warranted.