Criminal Justice

More than a quarter million prison and jail inmates are identified as having a mental illness.1 The rate of serious mental illnesses for individuals in jail or prison is nearly three to four times that of the general US population.2

The National Mental Health Association (NMHA) envisions a criminal justice system where individuals with mental illness are diverted away from jails and prisons toward more appropriate community-based mental health treatment as an alternative to incarceration.

However, NMHA recognizes that some adults with mental illness can not be diverted from incarceration due to the seriousness of their offense. For those inmates and detainees, NMHA is committed to protecting their human and constitutional rights to treatment for acute medical problems including psychiatric problems. NMHA believes that:

• All prisoners should be screened upon admission by trained personnel for mental health and substance abuse problems;
• Prisoners should have access to a reasonable array of mental health interventions, including the full range of available medications; and
• Prisoners should have a discharge plan prepared upon entering a correctional facility to ensure continuity of treatment after their release.

NMHA is a partner organization of the Consensus Project coordinated by the Council of State Governments, and is a leader in juvenile justice reform activities. Moreover, state and local MHAs are innovators in criminal justice issues including diversion, community collaboration, presumptive eligibility for Medicaid, and discharge planning.

NMHA has developed a variety of resources including position statements, fact sheets, and links to related organizations. For more information about criminal justice issues and specific state activities, contact the Advocacy Resource Center at 800-969-NMHA (6642) Option 6.

1. Justice Department's Bureau of Justice Statistics (BJS). Mental Health and Treatment of Inmates and Probationers. NCJ-174463. 1999
2. New Freedom Commission on Mental Health. Subcommittee on Criminal Justice: Background Paper. DHHS Pub. No. SMA-0403880. Rockville, MD: 2004

Position Statement:
Mental Health Treatment in Correctional Facilities

Position Statement:
Mental Health Courts

Position Statement:
Children with Emotional Disorders in the Juvenile Justice System

Press Release

Resources
Mental Health and Criminal Justice (pdf)

The Advocacy Handbook: A Guide for Implementing Recommendations of the Criminal Justice / Mental Health Consensus Project

Affiliate Only Materials
• Additional resources for MHAs
• Sample letter to corrections officials

Juvenile Justice Initiative

National Mental Health Association
2000 N. Beauregard Street, 6th Floor
Alexandria, VA 22311
Phone 703/684-7722
Fax 703/684-5968
Mental Health Resource Center 800/969-NMHA
TTY Line 800/433-5959