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Trends in Mental Health and Criminal Justice State Policy

Mental illness is not a crime; however, individuals with mental illness are disproportionately impacted by our nation’s criminal justice system and overrepresented in jails and prisons. About two in five people who are incarcerated have a history of mental illness1 , which is twice the prevalence of mental illness among the overall U.S. population. Many people with mental illness who are incarcerated are held for committing non-violent, minor offenses related to the symptoms of untreated illness. These numbers reflect a mental health care system lacking the capacity to provide prevention and early intervention for mental health symptoms and to support people when and where they need it. NAMI believes that people with mental illness should be diverted from the criminal justice system and connected to mental health care at every possible opportunity. Fortunately, we know that diversion is possible and contributes to creating safer communities.

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