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Implications of the Problem

The overrepresentation of people with mental illness in the criminal justice system has implications for people with mental illness, their families, criminal justice and mental health systems, and communities in general.

Lives -- Interactions between people with mental illness and law enforcement officers can be dangerous or even fatal for both parties. Once incarcerated, people with mental illness have difficulty obtaining adequate treatment, are at high risk for suicide, and may be preyed upon by other inmates. After release, these individuals may struggle to adhere to conditions of community supervision, lose access to essential benefit programs, and have trouble reconnecting with treatment providers. In the meantime, families suffer the trauma of seeing loved ones arrested and incarcerated, and struggle to provide ongoing, and much needed, support.

Community safety -- The repeated arrest and incarceration of low-level, nonviolent offenders whose mental health needs are not adequately addressed perpetuates a cycle of criminal justice involvement, diverts attention from more serious crimes, and does not necessarily respond to the underlying causes of the offense(s).

Administration of the criminal justice and mental health systems -- Many criminal justice agencies are unprepared to meet the comprehensive treatment and other needs of individuals with mental illness. Poorly trained law enforcement officers can be put in danger when interacting with individuals in crisis, and may spend crucial labor hours trying, often unsuccessfully, to connect these individuals to treatment. Jails and prisons require extra staffing and treatment resources for inmates with mental illness, and community corrections agencies strain to provide the added supervision and support that individuals with mental illness need. Similarly, criminal justice involvement interrupts continuity of care and raises safety concerns for mental health agencies.

Tax dollars -- It is less expensive to provide mental health treatment in communities than in correctional facilities.(iv) Furthermore, programs targeting those involved with, or at risk of involvement with, the criminal justice system have been shown to significantly reduce the use of costly jail and hospital stays.(v)

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