Compiled by Megan J. Wolff, PhD MPH
Last updated: May 30,2017
Individuals with mental illness and substance use disorders are significantly overrepresented in American jails and prisons, a development that has attracted the concern of clinicians, researchers, policymakers, and corrections personnel.
- The rate of mental disorders in the incarcerated population is 3 to 12 times higher than that of the general community.[1]
- This is true across the full spectrum of diagnoses, including schizophrenia, anxiety disorders, mood disorders, and impulse control disorders.
- These rates have been increasing.
- Reports of large numbers of mentally ill persons in jails and prisons began appearing in the 1970s.[2]
- These numbers accelerated dramatically in the 1990s and 2000’s, a trend particularly evident in urban centers such as Chicago and New York City.
The high rate of serious mental illness, including major depression, bipolar disorder, schizophrenia, and other psychotic disorders in incarceration settings has been the subject of particular alarm.
- Estimates of the prevalence of psychiatric disorders vary but those available from a variety of studies indicate the following:
- Estimates indicate that the rate of severe mental illness in jails and prisons is between 16% and 24%.[5]
- The rate of severe mental illness in the general community is between 3.9% and 5.0%.[6]
- Using the 16% estimate, there were at least 310,000 (113 per 100,000 population) severely mentally ill inmates in jails and prisons in 2000.[7]
- In 2003, three times more individuals with severe mental illness resided in prisons in the United States than in psychiatric hospitals.[8]
- Differences in data collection and reporting methods make it difficult to ascertain the rates of specific disorders. Nevertheless, an investigation of 28 studies on the prevalence of mental illnesses in prisons, identified estimates in the following ranges: [9]
- Current major depression from 9% to 29%
- Current bipolar disorder from 5.5% to 16.1%
- Current panic disorder from 1% (women) to 5.5% (men and women) to 6.8% (men)
- (The rate in the general community was 0.5% to 3.0%)
- Current schizophrenia from 2 to 6.5%
- (The rate in the general community was 0.5% to 0.8%)
- Current Attention Deficit and Hyperactivity Disorder (ADHD) from 10% to 25%
- (The rate in the general community was 4.0% to 5.0%)
The increased rates of mental illness and substance abuse in American incarceration settings draw from a series of factors.
limited availability of mental health treatment
- Most people in the United States with serious mental illnesses, including substance disorders, do not receive treatment.[10]
- A steady elimination of psychiatric hospital beds since 1955 has dramatically reduced the availability of inpatient services.
- Community resources intended to replace inpatient care have not kept pace with the affected population, nor have they been adequately funded to do so.
- The Community Mental Health Centers Act of 1963, which established federal support for a new system of outpatient care, envisioned a system of supportive community-based resources anchored in health centers, but did not receive needed political support or full appropriations.[13]
- By 1975, there existed only 675 funded community mental health centers, with 800 unfunded cachements remaining.[14]
- Few CMHCs successfully coordinated the aftercare services and entitlements necessary for patients with severe and long-term mental illness. [15]
- Resources requiring coordination included psychiatric care, medication, education and housing support, fuel assistance, after care services, foster care arrangements, and access to medications.
- Failure to integrate these resources continues to impact patients today.[16]
- Congress repeatedly approved spending without making appropriations, for instance in FY 1976 when $37.3 million in approved projects received no funding. [17]
- Federal spending on mental health initiatives has decreased dramatically since President Reagan’s 1981 Omnibus Budget Reconciliation Act, which shifted control back to the states in the form of block grants and reduced federal expenditures by 25%.[18]
- In 2006, mental health spending by states was less than 12% of the $8 billion spent in 1955.[19]
- Cuts have continued on a state-by-state basis in the 21st
- Between 2009 and 2012, states cut nearly $4.5 billion in funding for services for the mentally ill, despite increases of nearly 10% in patient intake in the aftermath of the 2007 financial crisis.[20]
- Many reductions occurred through cuts to Medicaid, the largest source of funding for public mental health services for youth and adults.
- Taken together, the reductions represent the single largest decrease in mental health spending since the Vietnam-era cuts of the late 1960s. [21]
- The Community Mental Health Centers Act of 1963, which established federal support for a new system of outpatient care, envisioned a system of supportive community-based resources anchored in health centers, but did not receive needed political support or full appropriations.[13]
- For many individuals, contact with the criminal justice system may represent the first occasion for any treatment services[22]
- Correctional facilities in the United States are considered by some to be the largest provider of mental health services.[23]
- Prisons and jails are some of the only places in the United States where health care is guaranteed by law.
- 1976, the US Supreme Court ruled in Estelle v Gamble that failure to provide basic health care in correctional facilities violated the constitutional prohibition against cruel and unusual punishment. The ruling mandated that prisons and jails provide services for medical care. [24]
- Scholars note that the criminal justice system has become the system that “cannot say no.”[25]
criminalization of mental illness
- The term “criminalization of the mentally ill” was coined in 1972 to describe the increasing arrest and prosecution rate of individuals with mental disorders.[26]
- The National Alliance on Mental Illness estimates that between 25% and 40% of all mentally ill Americans will be jailed or incarcerated at some point in their lives.
- By contrast, about 6.6% of the general population in jailed or incarcerated at some point in their lives.[27]
- 8% of prisoners with mental illnesses have an arrest or pattern that is directly attributable to symptoms of psychosis.[28]
- The National Alliance on Mental Illness estimates that between 25% and 40% of all mentally ill Americans will be jailed or incarcerated at some point in their lives.
- Mental illness is not associated with an elevated rate of violence or violent crime.
- Only 4% of violence in the United States can be attributed to people diagnosed with mental illness[29]
- Alcohol and drugs are associated with a far greater risk of violence than any major mental disorder.[30]
- Between 3% and 5% of US crimes involve people with mental illness.[31]
- Fewer than 5% of the 120 000 gun-related killings that occurred between 2001 and 2010 in the United States involved individuals known to be mentally ill. [32]
- People who are mentally ill are more likely to be the victims of violent crime than the perpetrators of it.
- Individuals with schizophrenia have victimization rates 65% to 130% higher than those of the general public.[33]
- Arrests of those who are mentally ill commonly involve minor crimes, such as trespassing, loitering, public lewdness, and other forms of behavior recognized as bizarre or aggressive.[34]
- More commonly, arrests of those with mental illness are associated with substance use disorders, which are themselves criminalized or else associated with criminal behaviors.
- Individuals struggling with mental illness often have co-occurring substance use disorders. Estimated rates of substance use disorders include:
- 2% of the general public[35]
- 15% of people with anxiety[36]
- 20% of people with depression [37]
- 7% of people with any mental illness [38]
- People treated for bipolar disorder and schizophrenia have been found to be 12 and 20 times more likely to be treated for alcohol abuse, and 35 and 42 times more likely to be dependent on illegal drugs.[39]
- The “War on Drugs” initiated in 1971 accompanied a policy shift toward more punitive sentencing practices in the United States, including reduced tolerance to the use and sale of illegal substances. These policies dramatically increased the population of drug offenders in incarceration setting.
- “Three-strikes laws” mandated life imprisonment for third felony offences, including drug offences.
- Mandatory minimum sentences, stripped judges of much of their discretion on how to sentence drug users.
- In 1994, the New England Journal of Medicine reported that the "War on Drugs" resulted in the incarceration of one million Americans each year.[40]
- Incarceration rates across all populations rose sharply after the inception of the war on drugs.
- Incarcerated persons with mental health disorders are more likely than the general population to be re-incarcerated.
- Rates of recidivism are between 50% and 230% higher for persons with mental health disorders regardless of diagnosis.[44]
- The existence of a criminal record may influence subsequent interactions with the police, reinforcing a tendency to choose the criminal justice system over the mental health system. [45]
- A criminal record may also weigh negatively in court, where a long “criminal” history of minor violations carries is likely to influence further jail sentencing, even when directly related to poorly controlled mental illness. [46]
Is Incarceration Pathogenic?
Some have considered whether the conditions of incarceration in the United State are psychopathogenic, a concern much less discussed in the literature.[47]
- Crowded living quarters, lack of privacy, increased risk of victimization, and exposure to punitive segregation are strongly correlated with emerging and worsening psychiatric symptoms (including self-harm).[48]
- In 2015, 18 states and the Bureau of Prisons met or exceeded standards for overcrowding.
- In 2015, 26 states and the Bureau of Prisons met or exceeded their minimum number of beds.[49]
- Disorders likely to deteriorate during incarceration include major depression, posttraumatic stress disorder, anxiety, and psychosis.[50]
- In prison as in the wider community, psychiatric symptoms may be difficult to distinguish from aggressive or deviant behavior, resulting in further punishment.
- This pattern is enhanced by the limited treatment options available in incarceration settings.
- Prison inmates with mental illness commit from 1.5 to 5 times as many infractions as other inmates.[53]
- A national survey found that among state prisoners, 24% of those with a mental health disorder had been charged with physically or verbally assaulting correctional staff or other inmates, compared to 10.4% of those without such problems.[54]
- The same survey found that 58% of those with a psychiatric disorder had been charged with rule violations of some stripe, compared to 43% of non-disordered inmates.[55]
- In 2013 in New York City, prisoners with mental health disorders composed 38% of the jail population but were involved in 60% of all “incidents.”[56]
- Those who were “acutely mentally ill” represented 6% of the jail population but were involved in 16% of misconduct incidents.[57]
- Mental Health and Punitive Segregation (Solitary Confinement)
- 100,000 prisoners in the United States are estimated to reside in solitary confinement at any given time.[58]
- Inmates diagnosed with mental illness are disproportionately represented in the isolation units.[59]
- Punitive segregation has serious short-term and long-term repercussions on mental health.[60]
- Protracted isolation, inactivity, and lack of mental health treatment within isolation units can exacerbate symptoms or provoke recurrence.[61]
- Symptoms can include anxiety, depression, anger, cognitive disturbances, perceptual distortions, obsessive thoughts, paranoia, and psychosis, often tending toward further infraction of rules.[62]
- Suicides occur disproportionately more often in segregation units than elsewhere in prison.[63]
- In New York, suicide rates are 5 times as high among prisoners in solitary confinement as among those in the general prison population.[64]
Treatment in incarceration settings
- S. correctional systems have been criticized for failing to provide even minimally appropriate mental health services for prison inmates.[65]
- The growth of incarceration rates has strained the capacity of jails and prisons to respond to the health needs of inmates.[66]
- The federal prison population has expanded by an average of 3.9% annually since 2000 (0.8% increase for state prison facilities) without a corresponding increase in prison personnel.[67]
- Despite court mandates for access to adequate health care in prisons, the availability and quality of that care may be deficient or sporadic.
- In 2007, federal judges removed California prison health care from the state's control, citing deplorable conditions.[70]
- The situation is particularly challenging in the case of inmates with serious mental illnesses, who require specialized treatment and services.[71]
- Due to budget shortfalls and lack of political support, psychologists and psychiatrists who may properly diagnose disorders are in short supply.[72]
- Prison administrators are disincented from investigating and reporting mental health needs due to the difficulty of providing additional resources and services, including special housing and treatment program needs.[73]
- Many prisons do not offer medication therapy as a treatment option for mental health conditions, or else offer a restricted range of medications due to cost.[74]
References
[1] Prins, S. J. (2014). Prevalence of mental illnesses in US state prisons: a systematic review. Psychiatric Services, 65(7), 862-872.
[2] Swank, G. E., & Winer, D. (1976). Occurrence of psychiatric disorder in a county jail population. The American Journal of Psychiatry; 133:1331- 1333; Stelovich, S. (1979). From the hospital to the prison: A step forward in deinstitutionalization? Psychiatric Services, 30(9), 618-620; Whitmer GE. (1980). From hospitals to jails: the fate of California's deinstitutionalized mentally ill. American Journal of Orthopsychiatry 50:65-75.
[3] Teplin, L. A. (1990). The prevalence of severe mental disorder among male urban jail detainees: comparison with the Epidemiologic Catchment Area Program. American Journal of Public Health, 80(6), 663–669; Cook County Sherriff Thomas Dart, quoted in Matt Ford, “America’s Largest Mental Hospital is a Jail,” Atlantic Monthly, June 8, 2015.
[4] Council of State Governments Justice Center, 2013, cited in Prins, SJ, "Why Determine the Prevalence of Mental Illnesses in Jails and Prisons?" Psychiatric Services, 65(8), p. 1074.
[5] National Commission on Correctional Health Care: The health status of soon‐to‐be‐released inmates: a report to Congress. Washington, DC: National Commission on Correctional Health Care, 2002; James, D. J., & Glaze, L. E. (2006). Mental health problems of prison and jail inmates (Bureau of Justice Statistics Special Report, NCJ 213600). Washington, DC: Department of Justice.
[6] Substance Abuse and Mental Health Services Administration (SAMHSA) “Revised Estimates of Mental Illness from the National Survey on Drug Use and Health,” November 19, 2013. ; Elizabeth Ford, NYC Health and Hospitals Corporation, Correctional Health Services. Personal communication, April 25, 2017.
[7] Lamb, H. R., & Weinberger, L. E. (2005). The shift of psychiatric inpatient care from hospitals to jails and prisons. Journal of the American Academy of Psychiatry and the Law, 33(4): 529.
[8] Abramsky, S.; Fellner, J. Ill equipped: U.S. prisons and offenders with mental illness. Human Rights
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[12] Lamb, H. R. (1998).
[13] Grob, G. N. (1995). The Paradox of Deinstitutionalization. Society, 32(5): 51-59; Bassuk, E. L., & Gerson, S. (1978). Deinstitutionalization and mental health services. Scientific American.
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[15] Grob, G. N. (2000). “Mental health policy in 20th-century America,” in Manderscheid, Ronald W., Ed.; Henderson, Marilyn J., Ed. Mental Health, United States, 2000.
[16] Grob, ibid.
[17] Sharfstein, S. S. (1978).
[18] “Funding for Mental Health Services and Programs,” Bazelon Center for Mental Health Law.
[19] Bazelon ibid.
[20] Ford, M. (2015). America’s Largest Mental Hospital is a Jail. Atlantic Monthly, June 8, 2015; Honberg, R., Diehl, S., Kimball, A., Gruttadaro, D., & Fitzpatrick, M. (2011). State Mental Health Cuts: A National Crisis: National Alliance on Mental Illness.
[21] “Funding for Mental Health Services and Programs,” Bazelon Center for Mental Health Law.
[22] Council of State Governments/Eastern Regional Conference, & United States of America. (2002). Criminal Justice/Mental Health Consensus Project; Dumont, D. M., Brockmann, B., Dickman, S., Alexander, N., & Rich, J. D. (2012). Public health and the epidemic of incarceration. Annual Review of Public Health, 33, 325-339.
[23] Reingle Gonzalez, JM, & Connell, NM (2014). Mental health of prisoners: Identifying barriers to mental health treatment and medication continuity. American Journal of Public Health, 104(12): 2328-2333; Wilper, AP, Woolhandler, S, Boyd, JW, Lasser, KE, McCormick, D, Bor, DH, & Himmelstein, DU. (2009). The health and health care of US prisoners: results of a nationwide survey. American Journal of Public Health, 99(4): 666-672; Adams, K., & Ferrandino, J. (2008). Managing mentally ill inmates in prisons. Criminal Justice and Behavior, 35(8): 913-927.
[24] Dumont et al. (2012).
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[37] Grant et al. Ibid.
[38] Patterson E. (2004).
[39] Carney CP, Jones L, Woolson RF. (2006). Medical Comorbidity in Women and Men with Schizophrenia: A Population-Based Controlled Study. Journal of General Internal Medicine, 21(11): 1133-1137.
[40] Grinspoon L., & Bakalar JB. (1994). The War on Drugs--A Peace Proposal. The New England Journal of Medicine, 330(5): 357-360.
[41] Cahalan MW., Parsons LA. (1986). Historical corrections statistics in the United States, 1850-1984 (pp. 1-27). Washington, DC: US Department of Justice, Bureau of Justice Statistics.
[42] Cahalan & Parsons. (1986).
[43] Walmsley R. (2011). World prison population list. London, UK: International Centre for Prison Studies, King’s College London; 2009; Wildeman C, Wang EA. (2017). Mass incarceration, public health, and widening inequality in the USA, Lancet. 389(10077): 1464-1474.
[44] Baillargeon J, Binswanger IA, Penn JV, Williams BA, Murray OJ. (2009). Psychiatric disorders and repeat incarcerations: the revolving prison door. Am J Psychiatry, 166(1): 103–109.
[45] Lamb & Weinberger (2005).
[46] Lamb & Weinberger (2005).
[47] Wildeman & Wang (2017).
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[49] Carson EA., & Anderson E. (2016). Prisoners in 2015. Bureau of Justice Statistics. Office of Justice Programs. US Department of Justice.
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[51] Turney et al. (2012).
[52] Turney et al. (2012).
[53] O'Connor FW., Lovell D., & Brown L. (2002). Implementing residential treatment for prison inmates with mental illness. Archives of Psychiatric Nursing, 16(5): 232-238.
[54] James & Glaze (2006).
[55] James & Glaze (2006).
[56] Dora B. Schriro, Commissioner, NYC DOC, “Statement to the New York City Council Committee on Fire and Criminal Justice Services,” March 7, 2013.
[57] Schriro ibid.
[58] Baumgartel S., Guilmette C., Kalb J., Li D., Nuni J., Porter DE., & Resnik J. (2015). Time-In-Cell: The ASCA-Liman 2014 National Survey of Administrative Segregation in Prison.
[59] Lovell, D. (2008). Patterns of disturbed behavior in a supermax population. Criminal Justice and Behavior, 35(8): 985-1004.
[60] Haney, C. (2003). Mental health issues in long-term solitary and “supermax” confinement. NCCD news, 49(1): 124-156.; Andersen HS, Sestoft DD, Lillebæk, TT, et al. (2000). A longitudinal study of prisoners on remand: psychiatric prevalence, incidence and psychopathology in solitary vs. non-solitary confinement. Acta Psychiatr Scand, 102(1): 19–25; Steinbuch AT. (2014). The movement away from solitary confinement in the United States. New Eng. J. on Crim. & Civ. Confinement, 40, 499.
[61] Metzner JL & Fellner J. (2010). Solitary Confinement and Mental Illness in U.S. Prisons: A Challenge for Medical Ethics. Journal of the American Academy of Psychiatry and the Law Online, 38 (1): 104-108.
[62] Smith PS. (2006). The effects of solitary confinement on prison inmates: a brief history and review of the literature. Crim Just, 34:441–568.
[63] White, T. W., Schimmel, D. J., & Frickey, R. (2002). A comprehensive analysis of suicide in federal prisons: a fifteen-year review. Journal of Correctional Health Care, 9(3): 321-343.
[64] Way BB, Sawyer DA, Barboza S, Nash R. (2007). Inmate suicide and time spent in special disciplinary housing in New York State prison. Psychiatr Serv, 58(4): 558–560
[65] Human Rights Watch. (2003) Ill-equipped: US prisons and offenders with mental illness. HRW; New York.
[66] Solomon AL, Osborne JWL, LoBuglio SF, et al. (2008). Life After Lockup: Improving Reentry From Jail to the Community. Washington, DC, Urban Institute.
[67] Reingle Gonzalez & Connell. (2014).; Washington, DC: The Pew Charitable Trusts. (February 14, 2007). Prison growth could cost up to $27.5 billion over next 5 years [press release].
[68] Beck, A. J., & Maruschak, L. M. (2001). Mental health treatment in state prisons, 2000. Washington, DC: US Department of Justice, Office of Justice Programs, Bureau of Justice Statistics.
[69] Wilper AP, et al. (2009).
[70] Moore S. (2007). Using muscle to improve health care for prisoners. New York Times. August 27..
[71] Lamb HR, Weinberger LE, Marsh JS, et al. (2007). Treatment prospects for persons with severe mental illness in an urban county jail. Psychiatric Services, 58:782–786.
[72] Hills H, Siegfried C, Ickowitz A. (2004). Effective Prison Mental Health Services: Guidelines to Expand and Improve Treatment. Washington, DC: US Department of Justice, National Institute of Corrections; p. 93.
[73] Reingle Gonzalez & Connell. (2014).
[74] Hills et al. (2004).; Adams & Ferrandino. (2008).; Beck & Maruschak (2001).