Trump policy clears way for civil commitment of homeless in some states

In the year since President Trump signed an executive order aimed at moving homeless people off the streets, federal agencies have given states a green light to expand the use of civil commitment for homeless individuals with mental illness or substance abuse problems.

Pending a court challenge, the primary system of funding for organizations combating homelessness could be transformed by the Department of Housing and Urban Development to comply with Mr. Trump's executive order.

The president's order argues that past policies neglected "root causes" of homelessness and created a public safety risk.

Opponents say that the administration would strain the limited number of state treatment centers, criminalize the homeless population and would be an unnecessary shift away from "Housing First" policies. Housing First is an approach that promotes non-conditional access to housing — that is, without requiring sobriety, compliance with treatment or making other demands of recipients.

Mr. Trump's order prompted the Justice and Health and Human Services Departments to prioritize funding for states that carry out involuntary psychiatric treatment — or "maximally flexible civil commitment" of individuals with mental illness who "pose a danger to others or are living on the streets and cannot care for themselves."

His order argued that "public order" would be restored by committing homeless people to "long-term institutional settings for humane treatment."

It called on the Justice Department to reverse any consent decrees that would impede these civil commitments. The order also prioritized funding for states and cities that ban urban camping, urban squatting and open illicit drug use.

About 30% of those experiencing chronic homelessness have a serious mental illness, according to the Office of National Drug Control Policy. Meanwhile, two-thirds have a substance use disorder or other chronic health condition.

The call for a tougher law-and-order approach has prompted multiple Republican states to pass laws that penalize homeless encampments or expand the facilitation of involuntary institutionalizations.

Utah recently approved more than $43 million in spending earlier this year in part to target "high utilizers," those who repeatedly cycle through homeless shelters and jail. It is reinforced by a new law that allows these individuals to be put under the supervision of Utah's Division of Adult Probation and Parole.

The program would supervise participants for a year and give them access to substance abuse treatment, mental health services, job training and h