People Need Help, Not Handcuffs: Mental Illness and the Criminal Justice System

People with mental illness are significantly overrepresented in our nation’s jails and prisons. Each year, roughly two million people with serious mental illness are booked into jail. Nearly 2 in 5 individuals in state and federal prisons—and 44% of those in local jails—have a history of mental illness.

March is National Criminal Justice Month, a month established by Congress to raise awareness about the criminal justice system and its impact on society. At NAMI, we recognize this month by lifting up the stories of people with mental illness who have been impacted by the criminal justice system, emphasizing the repercussions that the criminalization of mental illness has had on individuals and communities.

Kimberly’s Story: Mastering Trauma by Teaching

One of these powerful story tellers is Kimberly Comer. Kimberly’s story is not new to the NAMI community, it was highlighted in NAMI’s 2022 book “You Are Not Alone: The NAMI Guide to Navigating Mental Health.” As she shares in the book, Kimberly was sentenced to three years and served seven months in a maximum-security prison, a direct result of untreated symptoms of her bipolar disorder. When she was sentenced to a prison term, it was not as a result of her being arrested for the first time. She had been arrested 13 times, but she did not have insight into her own condition or anyone identifying her as someone needing mental health help. Without support and treatment, she continued further down the path of involvement with the justice system.

While incarcerated, Kimberly had many of the same experiences that other people with mental illness share about their time in incarceration, including not getting the mental health care she needed and spending time in solitary confinement.

“I was already not properly medicated; I was already traumatized. They stuck me in solitary, and the voices got worse, and the delusions got worse, and the psychosis got worse. So, while you think you’re going to get to speak to somebody that has calmed down, my symptoms just got worse in solitary confinement.”

Kimberly now uses her experience to advocate for changes to the criminal justice system. As an award-winning nationally certified peer specialist and a certified recovery peer specialist (CRPS), she speaks with groups of individuals who are currently incarcerated and shares her personal story during trainings for law enforcement officers, including NAMI Sharing Your Story with Law Enforcement presentations.

“NAMI gave me the resources to move beyond the identity the criminal justice system put on me. I began to understand that I was more than the label the system put on me,” says Kimberly. “I share my story so people who are experiencing life-changing circumstances find a place for support and hope.”

NAMI’s Criminal Justice Advocacy

NAMI has long advocated for the diversion of people with mental illness from the criminal justice system. Stigma surrounding mental illness and violence, along with an under resourced mental health system, has made jails and prisons America’s de-facto mental health facilities. Unfortunately, these facilities are not built, financed, or structured to provide adequate mental health services. Only 3 in 5 people (63%) with a history of mental illness receive mental health treatment while incarcerated in prison, and less than half of people (45%) with a history of mental illness receive mental health treatment while in jails. Ensuing people receive care while incarcerated is imperative because nearly everyone incarcerated in jail and approximately 95% of people who are in prison will one day return to the community. Simply put, people who are incarcerated are part of our communities and their access to care is imperative.

We envision a world where early intervention, comprehensive community mental health care, and a robust crisis response system reduces or eliminates the justice system involvement of people with mental illness. We also work with communities to invest in diversion strategies, like mental health courts and alternatives to incarceration, that give judges and prosecutors the tools they need to divert people who come into their court room but would benefit from treatment, not punishment.

Join Us in Our Advocacy Efforts

In 2024, NAMI launched the Overlooked: Stories of Mental Illness and Criminal Justice campaign. This campaign is a commitment to educating policymakers and communities about the impact the criminal justice system has on people with mental illness.

This year, we are continuing the campaign with renewed vigor. You can join our advocacy by adding your name to our petition to tell policymakers that we won’t allow this issue to be overlooked anymore. If you have been impacted by the criminal justice system, you can share your story—just like Kimberly did—and help NAMI change hearts and minds. Her courage to speak out has helped others feel seen and empowered, and your voice can do the same. Together, we can push for the change our communities need.

Kimberly is a peer consultant for NAMI Palm Beach County (FL) and serves as the NAMI Florida Peer Leadership Council Representative, current Chair of NAMI’s Peer Leadership Council, a member of the Florida Recovery Advocacy Project, a board member with the Florida Mental Health Advocacy Coalition, and a Mental Health Court Advocate in Florida Districts 15 and 19. 

This blog post is dedicated to Kimberly’s partner of 22 years, who died in 2024. When Kimberly was released from prison, she met him at a homeless shelter where he was volunteering, and he served Kimberly her first meal out of prison. He was her best friend and partner and is dearly missed.

Shannon Scully is the Director of Justice Policy and Initiatives with NAMI National. For over two decades she has worked on issues of criminal justice reform and advocating with people who are impacted by justice system involvement. You can reach her at sscully@nami.org.