A State-by-State Analysis of Legal Frameworks for Mental Health Programming In Correctional Facilities

• In Event: The Diffusion and Implementation of Criminal Laws I

Abstract

Most individuals who are incarcerated are held in confinement in state facilities across the United States. Correctional programming overwhelmingly emphasizes educational, vocational, and life-skills training rather than mental health services. The extent to which mental health programs are offered in correctional institutions can vary significantly across jurisdictions, raising questions about how effectively incarcerated individuals’ needs are being met. This study investigates whether variations in offering mental health programming stem from differences in state-level oversight. To explore this area of research, we conduct a state-by-state analysis of legal frameworks governing mental health services in correctional facilities across all 50 states and Washington, D.C. Specifically, we assess whether states have enacted legislation that mandates comprehensive mental health programs for incarcerated populations. We highlight the importance of establishing legal provisions that support equitable mental health services and suggest ways that policymakers, correctional administrators, and researchers can work together to improve these programs nationwide.

Authors

• Jennifer Bourgeois, Texas Southern University

• Dragana Derlic, Georgia Southern University

• Stuti Kokkalera, Sam Houston State University