Mentally Ill and Criminal Justice

The mentally ill is over-represented in the criminal justice system when compared with the larger United States population. People with mental illness are incarcerated approximately 8 times more frequently than they are admitted to state mental hospitals, and are incarcerated for significantly longer time than other inmates (Ascher-Svanum, Nyhuis, Faries, Ball, & Kinon, 2010). This has been linked to an increased danger to themselves, other inmates and persons employed in the prison system. Effectively identifying and properly treating these individuals is crucial in creating a safer and more effective prison system. Currently there are approximately three times as many mentally ill in the prison system than in our mental health facilities (Fellner, 2007). As a presidential advisory commission in recent years reported, the mental health system is “in disarray.” It is fragmented, chronically underfunded, and rife with barriers to access, particularly in minority communities. As a result, too many people who need publically financed mental health services cannot obtain them until they are in an acute psychotic state and are found to be a danger to themselves or others (Fellner, 2007). This lack of availability and support is evident in significantly higher rates of mentally ill imprisonment in minority communities. Prison can be a dangerous place, especially for the mentally ill. Many mentally ill inmates are victimized by other inmates; we have increased rates of violence, mental breakdowns, and suicide in prison and jails (Harvard Mental Health Letter, 2000). In addition, many of these inmates receive inappropriate kinds or amounts of psychotropic medication that further impairs their ability to function. The failure of mental health systems has led to what some have called the “criminalizing of the mentally ill” (Fellner, 2007). The mentally ill in our prisons have a diverse background, although overwhelming majorities of the mentally ill in prison

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