A criminal record can be a lifelong barrier for people experiencing homelessness, inhibiting them from improving their situation.
It can impact their ability to find a job, access government benefits or even acquire stable housing.
Heather Gatchell, partner engagement director for Greenville Homeless Alliance, explained that many people who experience homelessness end up getting a misdemeanor conviction just as part of living.
“There’s 100 things that we can do in the privacy of our home that you can be charged for if you’re out in public – sleeping, going to the bathroom, changing clothes,” Gathcell said.
The city of Greenville and the Greenville Municipal Court are implementing a voluntary homeless court program aimed at helping people experiencing homelessness exit the criminal justice system.
“If we can reduce crime, if we can reduce homelessness, all those benefit us as a community,” Gatchell said.
Municipal Court Judge Matthew Hawley said the program’s purpose is to encourage participants to complete treatment and rehabilitation programs. Once complete, they would be considered for:
- Possible dismissal of pending charges
- Suspension of fines associated with criminal offenses
- Opening and expungement of a previous criminal conviction
A person’s sentencing from previous offenses is put on hold as they complete the program. Hawley said it could be a six-months to one-year process to complete. If someone is unable to fulfill the homeless court requirements, that case would then be transferred back to the courts.
Law enforcement officers, service providers, defense attorneys and city staff members will assist in identifying potential candidates for homeless court. A basic application form is being created for candidates to fill out.
Candidate screening will be conducted by the Office of the City Prosecutor and the City Attorney’s Office. Approved participants will include those with nonviolent criminal records and offenses. Ineligible offenses include driving under the influence, domestic violence, violent offenses or crimes against people.
“Our purposes and goals as you can see is first of all intended to help individuals who are either currently homeless, were homeless at the time they were charged with a criminal offense, or are facing homelessness as a result of pending criminal charges,” Hawley said.
Homeless Court sessions will take place on the first Monday of each month at 2 p.m. at the Triune Mercy Center on Rutherford Street.
Selected clients will be appointed an attorney to act as a mentor who will guide them through the process and connect them with service providers. Services available for participants include acquiring a new driver’s license, social security replacement cards, housing options, and treatment for drugs, alcohol and mental-health issues.
Similar homeless court programs operate across South Carolina in cities including Spartanburg, Columbia, Rock Hill and Myrtle Beach.
“Ours is operating uniquely, very similar to what Myrtle Beach has in that just the Municipal Court and the city are involved in this as opposed to the county,” Hawley said.
Greenville’s homeless court will need to be approved by the South Carolina Access to Justice Commission in Columbia before it can begin operation. Hawley said hopefully the program will be approved in January and start running in February.
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