FILE - A woman gathers possessions to take before a homeless encampment was cleaned up in San Francisco, Aug. 29, 2023. when shelter space is lacking amounts to cruel and unusual punishment.
In California and other Western states, courts have ruled that it's unconstitutional to fine and arrest people sleeping in homeless encampments if shelter space is lacking. But hundreds of advocacy groups argue that allowing cities to punish people who need a place to sleep will criminalizeThe Justice Department has also weighed in. They argue people shouldn't be punished just for sleeping outside, but only if there's a determination they truly have nowhere else to go.
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