Beyond Criminalization
Homelessness and Criminal Justice
Thursday, April 10th, 2025 at 12:00 PM ET
Our April webinar, Beyond Criminalization: Homelessness and Criminal Justice, explores innovative responses to quality of life crimes and homelessness. We focus on proven strategies that prosecutors and local government stakeholders can employ to scale back punitive measures that criminalize poverty rather than promoting public safety. Our panelists include:
Claire Herbert, Associate Professor of Sociology, University of Oregon;
Niya Kelly, State Legislative Director, Chicago Coalition for the Homeless;
Mike Schmidt, Multnomah County District Attorney, OR (2020-2025);
Donald Whitehead Jr., Executive Director, National Coalition for the Homeless; and
Moderator Kim Foxx, Cook County State’s Attorney, IL (2016-2024)
Experts examine the wide array of opportunities that prosecutors have to reverse the national trend toward criminalizing homelessness. Panelists discuss the current landscape of laws and enforcement practices that criminalize homeless people for their presence in public spaces and explore practical solutions for addressing site-specific challenges with the tools available to local prosecutors.
Claire Herbert
Associate Professor of Sociology, University of Oregon
Claire Herbert is Associate Professor of Sociology at University of Oregon and earned her PhD in sociology from University of Michigan. Her research focuses on housing, homelessness, urban inequality, and sociology of law and crime. She is the author of the book A Detroit Story: Urban Decline and the Rise of Property Informality (University of California Press 2021), and is writing a new book called When Home is Illegal: Unsheltered Homelessness in America.
Niya Kelly
State Legislative Director, Chicago Coalition for the Homeless
Niya Kelly attended Loyola University Chicago, receiving her Bachelor’s, Master’s, and Juris Doctor degrees. She is currently the Director of State Legislative, Equity and Transformation at the Chicago Coalition for the Homeless. Her work focuses on the Illinois state budget, homeless education, public benefits, youth homelessness, and housing insecurity policies. In her work, she has written and advocated several pieces of legislation including providing new housing opportunities for minors experiencing homelessness; access to Supplemental Nutrition Assistance Program (SNAP) for community college students experiencing food insecurity; access to free birth certificates for people experiencing homelessness; an increase to the Temporary Assistance for Needy Families (TANF) grant for families; changing the child support system to ensure families receive all funds paid, and broadening mental health services for minors in need.
Niya is currently an adjunct professor at Loyola University Chicago School of Law, where she teaches legislative advocacy.
Mike Schmidt
Multnomah County District Attorney, OR (2020-2025)
Mike Schmidt Started his career as a public school teacher in the City of New Orleans. He moved to Portland Oregon in the summer of 2005 to attend law school at Lewis and Clark. He was hired to be a deputy district attorney out of law school, and served in that capacity until 2013 – when he took a job with the Oregon legislature as counsel to the Judiciary committees. He was then appointed to head Oregon’s criminal Justice Commission, which he successfully grew until he ran to be District Attorney of Multnomah County Oregon. Elected in 2020 Mike was ushered into office early on the heels of the resignation of his predecessor in response to the George Floyd protests. Mike served 1 term as District Attorney, ultimately unsuccessful in his bid for reelection after a nasty campaign run by local wealthy interests and a “tough on crime” candidate from within his own office. Mike still resides in Portland Oregon where he currently serves as General Counsel for the Urban League of Portland.
Donald Whitehead Jr.
Executive Director, National Coalition for the Homeless
Donald Whitehead is one of the country's leading experts on Homelessness, Substance Abuse and Racial Equity. Donald currently serves as the Executive Director of the National Coalition for the Homeless. Donald is one of the co-founders of Racial Equity Partners and a Homeless Veterans Advisory Committee member for the Secretary of the Department of Veteran Affairs. Donald's career includes 28 years of service that has spanned every facet of homeless service from outreach to Executive Director. Donald has served on many organizational boards, including two terms as President of the National Coalition for the Homeless, two on the Board of Directors for Faces and Voices of Recovery, and two on the Georgetown Center for Cultural Competency.
Donald served two terms on The State of Maryland Drug and Alcohol Policy Council, The Baltimore Ten-Year Planning Committee to End Homelessness, Donald testified before committees in the 107th and 108th Congress and provide written testimony on multiple occasions. Donald, along with members of the staffs of the offices of Representatives John Conyers, Julie Carson, and Barbara Lee and the staff of the National Coalition, directed the creation and introduction of the "Bringing America Home Act, the most comprehensive legislation to date to address Homelessness in America.
Donald received a distinguished service award from the Congressional Black Caucus for his work on Homelessness. Donald received a second award of Special Recognition from Congress in 2008. In 2020, Donald verbal testimony to the United Nations. In 2016, Donald and team housed 300 long-term chronically homeless individuals in central Florida. In 2020, Donald personally housed over 200 unsheltered homeless individuals in Prince George County, Maryland, at significant personal risk during COVID-19.
Donald has recently appeared on the Dr. Phil show and has been interviewed numerous times in the printed media, radio, and television. Donald has been featured on CBS News, ABC News, FOX TV, CNN, MSNBC, and many local stations. Radio appearances have included CBS Radio, NPR, The Tavis Smiley Show, The Tom Joyner Morning Show, local stations throughout the US, and stations in Great Britain, Germany, Canada, and Mexico. Donald has been a dinner guest of former President Bill Clinton and Secretary of State Hillary Clinton.
Donald majored in Communications and minored in African American studies at the City College of Chicago, The University of Cincinnati, and Union College and University in Ohio. Donald served as a Journalist in the United States Navy. On a personal note, Donald is a stand-up comedian and actor. Donald has performed in six movies, multiple commercials, stage plays, and network television shows and has received a regional Emmy for a role in the movie Open the Sky". Donald lives with his beautiful wife, Tracy Whitehead, in Laurel, Maryland.
Kim Foxx
Cook County State’s Attorney, IL (2016-2024)
Kimberly M. Foxx served as the first Black woman to lead the Cook County State’s Attorney’s Office – the second-largest prosecutor’s office in the country. Kim took office on December 1, 2016, with a vision for transforming the Cook County State’s Attorney’s Office into a fairer, more forward-thinking agency focused on rebuilding public trust, promoting transparency, and being proactive in making all communities safe. She was elected to a second term in 2020.
As Cook County State’s Attorney, Kim has undertaken substantial criminal justice reforms focused on public safety and equity. She has revamped the office’s Conviction Integrity Unit, resulting in overturned convictions in over 230 cases, including the first-ever mass exoneration in Cook County for 15 men whose convictions stemmed from misconduct by a Chicago Police Officer.
Kim played a pivotal role in the crafting of the 2020 Cannabis Regulation and Tax Act to ensure that this historic legislation provides the most extensive, equitable form of conviction relief possible and requires the expungement of low-level cannabis offenses. Under her leadership, the office has expunged over 15,000 cannabis convictions. Providing this relief was not only a critical part of righting the wrongs of the failed war on drugs that disproportionately harmed communities of color; it is also a statement of her values and commitment to justice for all.
Understanding that cash bail can devastate those with limited financial resources, Kim has been a leader in bond reform, instructing prosecutors to agree to recognizance bonds where appropriate and reviewing bond decisions in cases where people are detained because they cannot afford bonds of $1,000 or less. Kim’s efforts on bail reform culminated with the passage of the Pretrial Fairness ACT in 2021, legislation that made Illinois the first state in the nation to abolish cash bail altogether. Recognizing the need for the office to focus the office’s resources on rising violent crime, she raised the threshold on felony retail theft to $1,000 in alignment with other major jurisdictions in the country, and the office no longer prosecutes misdemeanor traffic offenses for failure to pay tickets and fines.
With the goal of making Cook County the most transparent prosecutor’s office in the country, in 2018, Kim became the first and only prosecutor in the country to make felony case-level data available to the public. The open data portal provides unprecedented access and transparency into the work of a prosecutor’s office, work that is grounded in data and evidence.
A noted and national speaker on social justice issues, Kim has served on various panels, including the Illinois Judicial Council, Cook County’s COVID Reopening Task Force, and banning together with other elected prosecutors to stand against the criminalization of abortions following the overturned Roe v. Wade.
Considered a national leader in criminal justice reforms, Kim has been published in two anthologies, Progressive Prosecution: Race and Reform in Criminal Justice, Change from Within; Reimagining the 21st Century Prosecutor, where she discusses the inequities in the criminal justice system and the role that prosecutors offices can affect change and outcomes for offenders. Kim is also a sought-after keynote, speaker and lecturer, participating in panels across the country including, serving as the keynote for the University of San Francisco- USF Law Review Symposium on Race, Justice, and the Role of the Prosecutor in a Post George Floyd Era, January 2023; panelist for the DAs on the Frontier of Change: In Conversation with Melina Abdullah, May 2022; and as a panelist for the Google Zeitgeist Conference and as a guest speaker for the Makers Women’s Conference in 2018.
Kim served as an Assistant State’s Attorney for 12 years and was also a guardian ad litem, where she worked as an attorney advocating for children navigating the child welfare system. Prior to being elected State’s Attorney, Kim served as Chief of Staff for the Cook County Board President, where she was the lead architect of the county’s criminal justice reform agenda to address racial disparities in the criminal and juvenile justice systems.
Born and raised in Cabrini Green on Chicago’s Near North Side, Kim is a graduate of Southern Illinois University, where she earned a B.A. in Political Science and a J.D. from the SIU School of Law.