Commentary: Mental Illness Is Not a Crime – So Why Do We Treat It Like One?

The latest data from the Prison Policy Initiative paints a disturbing picture of how our criminal justice system fails to address the mental health crisis behind bars. More than half (56%) of people in state prisons report a history of mental health problems, yet only 26% have received professional help since entering prison. Even more alarming, only 6% of incarcerated individuals are currently receiving therapy or counseling.

These numbers expose a fundamental failure: prisons and jails are not mental health institutions, yet we continue to use them as de facto psychiatric wards. This is not just a moral failing but a policy disaster with deadly consequences.

For decades, the United States has relied on policing and incarceration as a default response to mental illness, rather than investing in community-based treatment and crisis intervention. The results are tragic:

  • People experiencing mental health crises are often met with police force instead of medical care, leading to unnecessary arrests, criminal records, and sometimes fatal encounters.
  • Jails and prisons are ill-equipped to provide proper treatment, leading to worsening mental health, solitary confinement as a “solution,” and higher rates of self-harm and suicide.
  • Upon release, many formerly incarcerated individuals face barriers to housing, employment, and healthcare, creating a cycle of re-incarceration rather than rehabilitation.

The rise of mass incarceration coincided with the defunding of public mental health institutions in the mid-20th century. Instead of building a robust network of community-based mental health services, states slashed budgets and closed psychiatric hospitals, leaving jails and prisons as the last resort. Today, there are more people with mental illnesses behind bars than in hospitals, a shameful indictment of our priorities.

Prisons were never designed to be mental health facilities. Correctional staff are not trained psychiatrists. Solitary confinement is not therapy. Yet we continue to funnel vulnerable individuals into a system that punishes them for their illness rather than treating it.

A Policy Shift is Urgent

If we truly care about public safety and justice, we need systemic change:

  1. Expand Crisis Intervention Teams (CITs) – Law enforcement must not be the first responders to mental health crises. Instead, cities should invest in mental health crisis teams that prioritize de-escalation and diversion to treatment, not jail.
  2. Decriminalize Mental Illness – Policies that criminalize homelessness, substance use, and psychiatric crises must be reformed. Many individuals behind bars should be in treatment facilities, not prison cells.
  3. Invest in Prison Mental Health Services – If people with mental health conditions are in prison, they must receive adequate care. The fact that only 6% of incarcerated individuals receive therapy is an indictment of our system.
  4. Expand Community-Based Treatment Programs – States must invest in affordable, accessible mental health care so that people can receive treatment before they reach a crisis point. This means affordable housing, job training, and support networks—not just medication and short-term interventions.
  5. End Solitary Confinement for the Mentally Ill – Solitary confinement worsens psychiatric conditions and leads to increased suicide rates. It is cruel and counterproductive for those with severe mental illnesses.

The data is clear: prisons and jails are failing as mental health providers, yet we continue to rely on them as such. The result is a cycle of suffering, recidivism, and untreated illness that serves no one—not incarcerated individuals, not communities, and not taxpayers who foot the bill for an ineffective system.

Mental illness is not a crime, and it’s time we stop treating it like one. The real solution isn’t more prisons or harsher punishments—it’s an investment in treatment, housing, and dignity. The question is: Will we finally learn, or will we continue repeating the same failed policies, expecting different results?

 

Author

  • David Greenwald

    Greenwald is the founder, editor, and executive director of the Davis Vanguard. He founded the Vanguard in 2006. David Greenwald moved to Davis in 1996 to attend Graduate School at UC Davis in Political Science. He lives in South Davis with his wife Cecilia Escamilla Greenwald and three children.

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