The Crisis at the Intersection of Mental Illness and the Criminal Justice System
In recent years, tragic encounters between law enforcement and individuals experiencing mental health crises have underscored a systemic failure in the way our society responds to these situations. Far too often, untrained police officers are the first responders to calls involving people in having mental health emergencies—situations they are ill-equipped to handle. The consequences can be deadly.
Consider the case of Ryan Gainer, a 15-year-old autistic teenager in San Bernardino, California, who was shot and killed by police after his family called 911 seeking help. Though the police department was aware of Gainer’s disability, they interpreted his behaviors as a threat. Rather than de-escalating the situation, law enforcement resorted to lethal force. His case is just one of many where a person with a mental illness or developmental disorder has lost their life at the hands of police who lacked the training to recognize and appropriately respond to the crisis at hand.
The issue extends beyond tragic fatalities. The criminal justice system, designed for punishment rather than rehabilitation, routinely entangles individuals with mental illness, setting them on a path of incarceration rather than treatment. Once inside the system, these individuals face a cycle of hardship—unable to access the care they need, more vulnerable to abuse, and likely to re-enter the system due to a lack of mental health support upon release.
A System Designed for Punishment, Not Support
When a person experiencing a mental health crisis comes into contact with police, the outcome is often an arrest rather than intervention by mental health professionals. This was the case for one client who voluntarily admitted himself to a hospital due to a mental health disorder, seeking an adjustment in his medication. During a manic episode, he assaulted hospital staff, leading to a 911 call. Instead of being treated for his condition, he was arrested on felony charges. Now, with a criminal record, his future employment and education opportunities are at risk—all because he needed medical care.
This pattern repeats itself across the country. People with mental illnesses are criminalized rather than given access to the treatment they need. Their behaviors, which can include pacing and repeating words, are often interpreted as a threat. According to studies, individuals with developmental disabilities are seven times more likely to encounter police than their neurotypical counterparts. Incarcerating them rather than providing mental health support not only fails them—it places a massive burden on taxpayers and law enforcement agencies that are not equipped to handle these cases.
The Need for Alternative Crisis Response Teams
The solution is clear: Behavioral health professionals alone or alongside police must be dispatched to calls involving mental health crises and existing police must be given extensive training on how to respond to those with disabilities and those having mental health emergencies. Police officers themselves should not be the default responders to mental health crises. Several cities have begun implementing such programs, showing promising results:
In Louisiana, there is a community program, called the Lafayette Area Residents database, that allows individuals to input information about family members with disabilities so that if first responders are called, they are informed on the individuals’ disability, certain triggers, and even calming techniques.
In Omaha, Nebraska and Bloomington, Illinois, the police departments are equipped with sensory kits that allow officers to better communicate with nonverbal individuals.
In Massachusetts, the Blue Envelope Program lets first responders know that an occupant of a vehicle has Autism, giving the driver information on the interaction with the first responders and giving the first responders information on signs an individual with Autism might exhibit.
In Denver, Colorado, the STAR program allows behavioral health professionals to respond to individuals having mental health crises rather than police.
In Alexandria, Virginia, the Alexandria Co-Response program (ACORP) assigns mental health workers to police officers who are responding to emergency calls detailing some kind of mental health struggle.
All of these programs have resulted in less arrests and more diversions to appropriate mental health services.
Beyond crisis response, mental health treatment courts offer another alternative, helping divert individuals away from jail and toward medical care. However, these courts alone are not enough—widespread reform is needed to prevent individuals from ever being criminalized in the first place.
A Call for Change
The criminalization of mental illness is not just a failure of the justice system—it is a failure of society as a whole. When individuals in crisis are met with punishment rather than treatment, we perpetuate a cycle of suffering that helps no one. Instead of relying on police officers, who often escalate these situations, we need a dedicated system that prioritizes mental health intervention over incarceration.
We must stop treating mental illness as a crime. The solution is not handcuffs—it is care, compassion, and a commitment to reforming a broken system.
—Rebecca Langman, project manager for the firm, contributed to the preparation of this article.
Laurie Jubelirer is the owner of Jubelirer Law, and her law practice in Montgomery County is devoted to helping individuals facing criminal charges and violations of their civil rights. She is active in promoting criminal justice reform via writing and speaking, including appearances on podcasts and through her own podcast, “Voices of the System,” which recently launched in January 2026. She opened her law practice 13 years ago in 2013. Prior to opening the firm, she worked as a prosecutor in the Philadelphia District Attorney’s Office and as a Deputy Attorney General in the Pennsylvania Office of Attorney General. She is a staunch advocate for numerous incarcerated clients and an active member of Women Owned Law; the Pennsylvania, Philadelphia and Montgomery Bar Associations; and the Louis D. Brandeis Law Society.
