Diversion Programs Prevent the Criminalization of Mental Illness

National Mental Health Association
Friday, 14 March 2003

Mental Health Treatment Is an Effective Alternative to Incarceration

The National Mental Health Association and the National Association of Mental Health Planning and Advisory Councils today independently released position papers in support of diverting people who have a mental illness and are accused of nonviolent crimes from the criminal justice system to voluntary mental health treatment programs as a reasonable alternative to criminal punishment.

"Incarcerating people with mental illness for nonviolent crimes and petty offenses effectively criminalizes a serious public health issue," said Michael Faenza, president and CEO of NMHA. "More effective measures must be taken to prevent this vulnerable population from entering the nation's jails and prisons."

Approximately 2 million people are incarcerated in America's prisons or jails on any given day, of which 16 percent have a mental illness, according to the U.S. Department of Justice. Nearly half of the inmates with mental illnesses are jailed for nonviolent crimes — and many for minor offenses such as trespassing, disorderly conduct and other symptoms indicative of untreated mental illness.

National statistics show that people from diverse racial and ethnic populations are disproportionately represented in the justice system. This suggests that people of color who have mental illnesses are denied access to mental health treatment to an even greater extent, because they are far more likely to be incarcerated and less likely to receive culturally competent care.

"People with mental illness in jails and prisons have complex and challenging needs that are not being addressed," said Chuck Ingoglia, executive director of NAMHPAC. "This institutionalized neglect exacts an expensive and dangerous toll on these individuals, their families, service agencies and the criminal justice system."

There are two types of jail diversion strategies practiced in the United States:

Pre-arrest diversion programs attempt to divert people who have mental illnesses from the justice system to an appropriate community-based mental health service program before they are incarcerated. This approach relies heavily on police officers' ability to identify and de-escalate crisis situations that involve people who have mental illnesses.

Post-arrest diversion programs screen people for mental illness after formal charges have been filed. Program representatives then negotiate with the justice system and community stakeholders to dispose of their cases and link the accused to appropriate mental health treatment programs.

NMHA and NAMHPAC believe that successfully completed pre-arrest and post-arrest diversion programs should result in the dismissal of criminal charges in all cases.

"Timely and accurate mental health screening and evaluation is the most critical element in a successful diversion program," said Faenza. "Communities must develop appropriate culturally competent mental health services with the aim of promoting recovery from mental illness."

NMHA and NAMHPAC encourage local and state mental health associations, stakeholders, consumers and other advocates to support the development of diversion strategies that promote police officer training, community engagement, and early intervention in an effort to keep all people with mental illness out of the criminal justice system.

For more information or a copy of NMHA's position statement, In Support of Maximum Diversion of Persons with Serious Mental Illness from the Criminal Justice System, contact NMHA's Advocacy Resource Center at 800-969-NMHA (6642) or visit www.nmha.org. For a copy of NAMHPAC's position statement please visit www.namhpac.org or call 703-838-7520.

The National Mental Health Association is the country's oldest and largest nonprofit organization addressing all aspects of mental health and mental illness. With more than 340 affiliates nationwide, NMHA works to improve the mental health of all Americans through advocacy, education, research and service.

NAMHPAC is the national voice for mental health planning and advisory councils. NAMHPAC provides technical assistance, opportunities for state-to-state networking, and a national voice on mental health planning issues.

For more information, or to contact National Mental Health Association, see their website at: www.nmha.org