NAMI Releases Issue Brief Exploring Trends in Mental Health and Criminal Justice State Policy

Mar 10, 2025

In recognition of National Criminal Justice Month, NAMI released a new publication, Trends in Mental Health and Criminal Justice State Policy. This issue brief provides policy recommendations and highlights successful state legislation from 2024 to reduce criminal justice system-involvement for people with mental illness.

Mental illness is not a crime, yet people with mental illness are disproportionately impacted by our nation’s criminal justice system and overrepresented in jails and prisons. State policymakers have the opportunity to shape public policies to divert individuals away from incarceration and towards care. Many of the new state laws in this brief were championed by NAMI State Organizations and their advocates. The brief covers 8 policy areas:

•  Diversion
• Juvenile Justice
• Conditions in Custody
• Reentry from Incarceration
• Competency Restoration Backlogs
• Civil Commitment
• Concerning Trend: Using Mental Illness as a Risk Factor in Extreme Risk Protection Orders
• Law Enforcement Training and Policies

This brief is the first publication in a larger series – NAMI’s 2024 State Legislation Issue Brief Series – which will examine new state mental health laws from 2024 addressing access to care and 988 and crisis services. Access Trends in Mental Health and Criminal Justice State Policy here.