This issue brief offers state legislators and advocates policy recommendations and examples of legislation that supports individuals with mental health conditions who are at risk of being or are justice system-involved. Recommendations are provided in the following key categories:
- Diversion
- Juvenile Justice
- Conditions in Custody
- Reentry from Incarceration
- Competency Restoration Backlogs
- Civil Commitment
- Concerning Trend: Using Mental Illness as Risk Factor in Extreme Risk Protection Orders
- Law Enforcement Training and Policies
Due to the limited scope of this brief and the breath of issues impacting those with mental health conditions who are justice system-involved, this report is not comprehensive of all issue areas and related legislation.
This brief is the first publication in a larger series – NAMI’s 2024 State Legislation Issue Brief Series – which will also examine new state mental health laws from 2024 addressing access to care and 988 and crisis services.
Conclusion
People with mental illness deserve help, not handcuffs. State legislators should prioritize policies that divert people with mental illness to mental health treatment and services at every possible opportunity – before arrest, after arrest and at all points within the justice system. For people who are already justice-involved, states should prioritize efforts to connect people with mental health conditions to care that supports recovery during and after incarceration.
