§ 35A-16-901 — Safety requirements for homeless shelters -- Requirements -- Prohibitions -- Enforcement and penalties.

(1) As used in this part:
(1)(a) "Homeless shelter" means a facility that provides or is proposed to provide temporary shelter to individuals experiencing homelessness.
(1)(b) "Homeless shelter" includes a temporary winter response shelter, as that term is defined in Section 35A-16-501.
(2) To ensure the safety and well-being of homeless shelter residents and staff, and the surrounding communities, a service provider of a homeless shelter that receives state or federal funding shall have a client agreement that clearly states the service provider's policies and procedures to:
(2)(a) maintain a zero-tolerance policy within the premises of the homeless shelter on the use, possession, or distribution of an illegal drug;
(2)(b) develop and implement bag check procedures at points of entry and regular searches of personal belongings to ensure the premises of the homeless shelter remain free from prohibited items, including illegal drugs and weapons; and
(2)(c) cooperate with law enforcement, including:
(2)(c)(i) providing an employee of a law enforcement agency access to the premises to conduct checks for illegal drugs using trained K9 units, based upon reasonable suspicion as determined by the local law enforcement agency; or
(2)(c)(ii) providing a client's name and identifying information to an employee of a law enforcement agency to the extent the disclosure is:
(2)(c)(ii)(A) necessary to avoid a significant risk to public safety;
(2)(c)(ii)(B) in aid of an ongoing investigation; or
(2)(c)(ii)(C) as required by state or federal law.
(3) A service provider that refuses to comply with this section may be assessed a penalty, including a fine, suspension of funding, or other penalties that may be assessed by the board, or as provided for in state or federal law.

Legislative History

Enacted by Chapter 530, 2025 General Session