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RESEARCH WEEKLY: Reasons for arrest among people with severe mental illness
By Shanti Silver
(May 17, 2023) Every year, up to two million people with severe mental illness end up in jail. In order to solve the overrepresentation of people with severe mental illness in the criminal legal system, it is necessary to understand the most common charges against people with severe mental illness. In a recent study from “Psychiatric Services,” researchers compared the reasons for arrest among people with and without severe mental illness to determine if there are differences in reasons for arrest. Findings suggest that people with severe mental illness were less likely to be arrested for violent crimes and more likely to be arrested for offenses like theft and trespassing than people without severe mental illness.
Methods
This study used data from more than two million people who had been arrested in New York State. The study used Medicaid data to identify people who had a severe mental illness, including schizophrenia spectrum or other psychotic disorder, bipolar disorder, or major depressive disorder.
Key findings
Overall, most arrests for people with severe mental illness were for nonviolent, misdemeanor offenses. A misdemeanor offense is an offense that cannot be punished with more than a year in prison. Misdemeanor offenses are generally less serious than felony offenses, which can be punished with more than one year in prison. People with severe mental illness were 20% more likely than those with no severe mental illness to have been arrested for non-violent theft (e.g., theft of bicycles, shoplifting, etc.) People with severe mental illness were also more likely to have been arrested for criminal trespassing. People with no severe mental illness were more likely to have been arrested for driving under the influence and for violent crimes in general. The finding that people with severe mental illness were less likely to be arrested for violent crimes supports the idea that people with severe mental illness are not more likely than the general population to commit violent crimes, according to the authors.
Implications
There are a variety of reasons why people with severe mental illness may be more at risk for some misdemeanor crimes than the general population. For example, symptoms of the illness may cause people to unintentionally steal or trespass on another’s property. Consequences of living with a severe mental illness, such as the social and economic disadvantages that often accompany a diagnosis, may also increase the risk that someone will be arrested for a misdemeanor crime.
For people with severe mental illness, being arrested and jailed can have serious consequences including worsening symptoms, disrupting treatment and connection to social supports, or loss of employment due to being unable to attend work. In order to reduce the overrepresentation of people with severe mental illness in the criminal legal system, policymakers may want to emphasize policies that divert people with severe mental illness who have been charged with misdemeanor offenses. Diversion strategies may be especially important given that people with severe mental illness who have been arrested for misdemeanor offenses are more likely to receive a jail sentence than people from the general population. Examples of such diversion strategies include crisis intervention teams, mental health courts, or involuntary outpatient commitment.
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