The U.S. incarceration rate is more than five times the rate of other developed countries (
1), and individuals with mental illness are disproportionately represented in the incarcerated population. In the United States, as many as 31% of incarcerated adults have a mental illness (
2), compared with 19% of adults in the general population (
3). According to the U.S. Department of Justice, the rate of serious psychological distress is more than five times higher among incarcerated people than among individuals in the general population (
4,
5). Serious psychological distress refers to a high level of nonspecific symptoms of stress, such as anxiety and depression, and is used as a nonspecific proxy indicator of probable serious mental illness (
6–
8). People with serious psychological distress have decreased daily functioning, lower socioeconomic status, increased levels of comorbid conditions, and health care utilization rates similar to those with serious mental illness (
9).
To our knowledge, no previous nationally representative study has evaluated the association between history of criminal legal involvement (CLI) and mental illness among individuals in the general adult population; most studies instead have reported on the prevalence of mental illness in the currently arrested or incarcerated adult population. Quantifying the association between mental illness and CLI is important because incarceration has been shown to result in long-term adverse outcomes among people with serious psychological distress. Individuals receive poorer quality of care while incarcerated, which leads to higher rates of admission to intensive crisis-oriented services after release (
10). Additionally, young adults (ages 23–29 years) who have experienced incarceration have low rates of health insurance coverage—with a noninsurance rate of 57% among individuals who have been incarcerated compared with a noninsurance rate of 20% among those who have not been incarcerated—further reducing their access to affordable mental health treatment (
11).
A disproportionate share of the incarcerated population comprises Black and Latinx adults. According to the Federal Bureau of Prisons (
12), as of April 2021, 39% of inmates in federal correctional facilities were Black, although Black adults constitute only 13% of the U.S. population (
13). Similarly, Latinx adults account for 30% of inmates (
12) but constitute only 18% of the nation’s population (
13). One study (
14) showed that the incarceration rate of non‐Latinx Black men is seven times higher than that of non‐Latinx White men and that non‐Latinx Black women have an incarceration rate almost three times as high as that of non‐Latinx White women. Structural racism, differential policing, and unjust criminal punishment are salient contributors to the higher rates of incarceration among Black and Latinx adults (
15). The term
structural racism refers to the manner in which societal policies, institutional practices, and cultural norms reinforce and perpetuate racial-ethnic inequality.
Although rates of mental illness among individuals belonging to racial-ethnic minority groups are similar to or lower than the rate among White individuals (
16), individuals from minority groups experience greater persistence and severity of illness (
15,
17,
18). Despite this increased burden of disease, people from racial-ethnic minority groups are less likely to access mental health treatment than are White individuals (
19,
20), and an unmet need for mental health services is associated with higher likelihood of interacting with the criminal legal system (
21). One study assessing incarceration rates in California (
22) reported higher rates of mental illness among Black and Latinx inmates, relative to White inmates. A study (
21) with those who have been involved in the criminal legal system has shown that both being Black and having a nonpsychotic mental disorder is associated with higher likelihood of rearrest and longer jail time.
The objective of this study was to build on the existing literature by assessing the association between serious psychological distress and CLI and by using nationally representative survey data to examine differences in this association among racial-ethnic groups. Identifying the association between CLI and serious psychological distress and how this association differs among racial-ethnic minority groups in the United States fills a gap in evidence needed to build interventions to disrupt the link between inequitable mental health care and a criminal legal system that disproportionately targets people of color. We hypothesized that adults with serious psychological distress have higher rates of CLI than adults without such distress and that the risk for CLI among those with serious psychological distress is greater for Black and Latinx adults than for White adults.
Results
Table 1 shows the demographic characteristics and CLI for adults by serious psychological distress status. Adults with serious psychological distress had higher rates of CLI than adults without such distress (23.8% vs. 15.9%, p<0.001). Relative to adults without serious psychological distress, adults with serious psychological distress were more likely to be White (69.1% vs. 65.1%, p<0.001), younger (e.g., 18–25: 29.0% vs. 12.0%, p<0.001), female (61.9% vs. 50.5%, p<0.001), and unmarried (30.8% vs. 54.4%, p<0.001) and to have some college education (37.3% vs. 30.0%, p<0.001), lower income (e.g., <100% FPL: 24.8% vs. 14.5%, p<0.001), Medicaid insurance (20.7% vs. 10.3%, p<0.001), poor self-rated general medical health (6.4% vs. 2.2%, p<0.001), and substance use disorder (11.4% vs. 1.8%, p<0.001).
In an adjusted regression analysis, the rate of CLI was about 4 percentage points higher (
Table 2; see the
online supplement to this article for the full regression results) for adults with serious psychological distress compared with adults without serious psychological distress (p<0.001). In examining the association between different levels of psychological distress and CLI (
Table 2; see the
online supplement for the full regression results), rates of CLI exhibited a gradient that increased in percentage points with higher levels of psychological distress (mild [increase by 3.2 percentage points, p<0.001], moderate [increase by 5.6 percentage points, p<0.001], and high [increase by 7.2 percentage points, p<0.001]), relative to no psychological distress.
When we estimated the associations between CLI and serious psychological distress by race-ethnicity (
Figure 1; see the
online supplement for the full regression results), we found that the increased risk for CLI among those with serious psychological distress was greater for Black and Latinx adults than for White adults (increases in risk by 1.8 percentage points, 95% CI=0.1–3.5, p<0.05, and 3.2 percentage points, 95% CI=1.3–5.2, p<0.01, respectively). Similar to the results from our primary analyses, our secondary analyses (see the
online supplement) also indicated that serious psychological distress was positively associated with both lifetime arrest or conviction and past-year community supervision.
Discussion
As we had hypothesized, greater psychological distress was associated with greater CLI, with CLI increasing on a gradient with increased psychological distress. This result was expected, given previous studies reporting higher rates of mental illness among those in carceral settings compared with the general population (
2,
4,
5). However, this study provides new data showing that in the general population, CLI was greater among those with serious psychological distress than among those without such distress. To our knowledge, this is the first study to use nationally representative household survey data to evaluate the risk for CLI among adults with serious psychological distress. These results represent a much-needed contribution to the literature, because most studies have focused on mental illness among incarcerated populations and not on the heightened risk for incarceration among people with serious psychological distress in the general population and how the association within this population varies by racial-ethnic group.
The persistence of racial discrimination within the behavioral health and criminal legal systems is exemplified by the fact that the increased risk for CLI among those with serious psychological distress was greater for Black and Latinx adults than for White adults. Institutional systemic racism and implicit biases have perpetuated the differential treatment for these populations in both mental health and criminal legal systems (
15). Underlying these results are multiple health care factors, such as poor access to mental health treatment (
27), lower rates of help seeking (
17), and inadequacy of available treatment (
20) for individuals from racial-ethnic minority groups. These factors then combine with criminal legal system factors such as racial differences in incarceration rates and lower likelihood of mental health treatment diversion among Black and Latinx adults.
Efforts to reduce CLI and recidivism or to improve mental health service access are often racialized and closely associated with socioeconomic status. For example, drug court programs have successfully decreased recidivism rates among their participants (
28,
29). Drug courts, the most common form of civil problem-solving courts, were established in the United States in 1989 to reduce recidivism among reoffending individuals with substance use disorder by focusing on treatment and rehabilitation as an alternative to criminal prosecution and incarceration (
30,
31). However, studies (
32,
33) have shown that many U.S. drug courts are less effective for Black participants than for White participants. Negative social and environmental factors are likely sources for the racial disparities in drug court graduation rates (
34). For example, participants of drug court programs are more likely to be of White race and to have no criminal history, with research (
35) suggesting that drug court eligibility criteria and implicit biases of prosecuting attorneys and other legal staff may select against non-White participants. These factors are a result of institutional bias closely associated with poverty as well as indicators of CLI and mental health issues (
35–
37). Future research should assess the intersection of serious psychological distress, illicit drug use, and CLI to elucidate the mechanisms that contribute to racial disparities in CLI.
Additionally, although studies (
16) have indicated no differences in psychological distress between racial-ethnic minority individuals and White individuals, when matched by socioeconomic status, only 9% of U.S. Black adults receive any mental health services, nearly half the rate of White adults (16.6%) (
38). Studies (
17,
39) also have shown that people of color are more likely to attribute symptoms of psychological distress to circumstances and life stressors rather than to psychological disorders, contributing to less help seeking and service utilization by this population. A history of segregation and discrimination toward people of color has perpetuated the disproportionate chronic poverty that has resulted in inequitable effects on mental health (
15,
40).
The advantages of living in the United States as a White person are evidenced through more favorable sociodemographic outcomes, such as housing status, education levels, and socioeconomic status—variables that are negatively associated with CLI and represent systemic privilege. Conversely, the disadvantages of living in the United States as a Black or Latinx adult with mental illness are complex and intersect to create a greater risk for CLI. The compounded consequences for people who are members of multiple stigmatized social groups result in public perception and attitudes of discrimination that have implications for the effectiveness and accessibility of appropriate interventions (
36,
41). Solutions to these systemic issues would require a multitiered approach tailored to the challenges of specific populations. Such solutions would need to extend beyond the initiation of mental health services to include initiatives directed toward improving other social determinants of health for underprivileged populations. Efforts for improved mental health services should concurrently prioritize support and equitable opportunity for housing, education, transportation, and employment determinants. These factors promote access, utilization, and sustainability of behavioral health services and mitigate the racially disproportionate disadvantages that amplify the impacts of serious psychological distress and CLI.
Our study had several limitations. First, the NSDUH data are cross-sectional and preclude causal inferences. Nonetheless, the findings of our study illustrate significant associations between serious psychological distress and CLI in a nationally representative sample of adults. Second, the NSDUH data are based on survey respondents’ self-reports and, as such, depend on participant recall and truthfulness. To increase survey response accuracy, answers to sensitive questions are collected by using computer-assisted self-interview methods, in which respondents listen to prerecorded questions through headphones and answer directly by entering responses into a NSDUH laptop to maintain privacy (
23). Third, the NSDUH population is limited to noninstitutionalized U.S. civilians and excludes people who are unhoused, incarcerated, or participating in residential treatment. Consequently, our results may have been conservative, because the aforementioned groups are likelier to experience high levels of serious psychological distress and to have previous CLI. Fourth, we used a psychological distress measure that captures how often an individual felt distressed (e.g., hopeless, restless or fidgety, and feeling that everything was an effort) during the previous year but does not capture specific mental disorders. However, the K6 captures symptoms commonly associated with depression and anxiety and can reliably, with high sensitivity and specificity (
7,
24), distinguish clinical cases from nonclinical cases consistently across sociodemographic subsamples. The K6 scale was validated, in accordance with
DSM-IV criteria and before changes in the diagnostic criteria for the
DSM-5 (
8,
42), for determining serious mental illness or any mental illness. Fifth, the NSDUH does not capture the type of infraction that led to CLI, contact frequency with the criminal legal system, or living situation during community supervision.
Conclusions
Despite these limitations, the results of our study suggest that adults with serious psychological distress experience higher rates of CLI and that this association is even greater among Black and Latinx individuals. Illuminating disparities in incarceration rates can inform efforts at the state and federal levels to incentivize incarceration alternatives for people experiencing behavioral health issues. Importantly, our findings underscore the need for unlearning and dismantling the racial stereotyping and heuristics that inform the prosecution of racial-ethnic minority groups in the criminal legal system. The disproportionate CLI resulting from historic and systemic racism may be most successfully mitigated through efforts to improve interdisciplinary collaboration among stakeholders, not only of law enforcement and criminal legal court systems but also of behavioral health providers and even educational institutions.
The findings from this study highlight the disparate social determinants that can lead to higher rates of CLI, especially for racial-ethnic minority populations with serious psychological distress. Enlisting the attention and action of cross-sectoral stakeholders to ensure early identification of need, access to, and affordability of mental health services, as well as establishing equitable opportunities for education, employment, and housing, may serve as holistic incarceration prevention for this population. It is critical for individuals experiencing psychological distress to avoid unnecessary interaction with the criminal legal system and to have timely access to evidence-based treatment that improves their mental health status and enables them to stay in the community.