Homeless people in San Jose, California, who are offered shelter three times and refuse could now be arrested for trespassing.

The San Jose City Council voted 9-2 on Tuesday in favor of a policy change it believes will encourage people who are living on the streets, in broken trailers, and in ripped-up tents to come indoors.

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The “responsibility to shelter” provision to the city’s encampment code of conduct also now includes a rule that prohibits homeless people from pitching tents near schools and playgrounds and blocking public rights of way.

“I think we need a cultural change, a culture of accountability for everyone involved,” San Jose Mayor Matt Mahan said before the vote. “I don’t want to use the criminal justice system to make vulnerable people’s lives harder. I want to use it as a last resort.”

Pamela Campos, a City Council member who voted against the proposal, said she supports increased outreach efforts but opposes “placing a huge amount of burden on an individual and framing it as a choice when the real culprit is a system that pushes people experiencing poverty into homelessness.”

When the Washington Examiner spoke to the Democratic mayor in May, he stressed that “homelessness can’t be a choice.”

Mahan added that while the government has a duty to provide shelter for its homeless population, people also have a responsibility to make use of the resources offered.

San Jose has spent most of the year focusing on expanding its shelter options through hotel and motel conversions, as well as building new tiny home communities and safe parking and sleeping sites.

This year, the city plans to open more than 1,000 new shelter placements, providing what officials describe as “an immediate alternative to encampments.” It’s the largest expansion of its kind on the West Coast and is believed to surpass that of any other city in the nation.

The effort is a major pivot from the “housing first” strategy pushed by progressive Democrats.

In 2024, about 187,000 people were homeless in California, the highest figure ever recorded in the state, according to an analysis by the Public Policy Institute of California.

The homelessness crisis is especially visible in the state. California’s predominantly mild climate makes living outdoors more manageable year-round, attracting homeless people from across the country.

In San Jose, about 6,000 people live in shelters, clustered together on the streets, in riverbanks, and in parks. Homelessness has consistently ranked among the top concerns for frustrated voters who say something needs to be done.

The city, which has long embraced progressive ideals, including a tolerance for people living outdoors, seemed fed up enough to demand change.

Another item discussed, and dismissed, at Tuesday’s meeting was Mahan’s proposal to hold elected officials accountable by tying a percentage of their pay to performance metrics.

If City Council members’ collective performance fell below 100% of the adopted targets for the city, up to 5% of their salaries would have been proportionately reduced based on the actual achievement of the prioritized targets, according to Mahan’s proposal.

He claimed that pay-for-performance could drive accountability, but those opposed argued it would discourage dissenting opinions.

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“I’m disappointed but not surprised that a majority of my colleagues refused to tie their pay to performance on our biggest goals,” Mahan posted on X following the vote. “The good news? The public now sees who’s willing to have skin in the game — and who’s content to collect a paycheck no matter what results we deliver. It may be time to take this question directly to the voters, instead of leaving it to the political insiders.”