The Business of Practice

Prison and Mental Health Reform

Written by Amanda Beltrani | Oct 11, 2024 7:27:08 PM

It is undisputed that correctional facilities in the United States are facing a mental health crisis. Approximately 35% of individuals in state and federal prisons and over  40% of individuals in local jails have a history of mental illness, compared to 22.8% of the broader population. Yet, these facilities often lack adequate resources to address these needs. The lack of resources not only exacerbates the suffering of those incarcerated but also contributes to higher recidivism rates and increased costs for the system as a whole.

Deinstitutionalization led to “trans-institutionalization,” which is the shift of individuals with severe mental illness from psychiatric institutions to correctional facilities. While the goal of deinstitutionalization was to establish community-based care, there were insufficient resources, and jails and prisons became de facto mental health providers for the mentally ill. Although the extent of this shift is debated, the high prevalence of mental illness in correctional settings is undisputed.