People with mental illness are overrepresented in all parts of the criminal justice system -- in their contact with law enforcement, in the courts, in jails and prisons, and in parole and probation caseloads across the country. The problem affects both rural and urban communities, and is prevalent in both large and small states.
Reports in the media tend to focus on sensational, violent crimes committed by people with mental illness. But the majority of people with mental illness who are arrested and incarcerated are low-level, nonviolent offenders who are essentially exhibiting in public the symptoms of untreated mental illness. Nearly half the people in state prison with a mental illness were incarcerated for a nonviolent crime.
On the other hand, advocates should always remember that there are people with mental illness who commit serious crimes for which arrest, adjudication, and incarceration are necessary and appropriate, as are adequate treatment and sufficient planning for their reentry into the community.
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