Created 2013; Revised September 2020
Helping Individuals with
Mental Illness
to Avoid or Deal with the
Criminal Justice System
Presented by NAMI Main Line PA,
an affiliate of the National Alliance on Mental Illness
Please view the final slide for NAMI Main Line PA contact information
and the link to a printable document with additional information.

Information is provided in three sections:
• Preventing Arrest
• Criminal Justice System procedures and advice
• Resources for people in the Philadelphia
metropolitan area
~~~~~~~~~~~~~~~~
This information is not legal advice. A person
who is in police custody should get the
services of a criminal lawyer (see slide 9).

Preventing Arrest
• Avoid arrest by arranging for crisis
intervention, ongoing treatment, or court-
ordered emergency treatment before the
situation escalates to necessitate police
involvement.
• If you fear there may be a crisis, it is helpful to
notify the police in advance that a household
includes a person with a mental illness, so the
police can respond to an emergency in an
informed manner (see slide 13).

Preventing Arrest --Treatment
• Programs such as assertive community
treatment (PACT) can help to prevent relapse
and mental health crises and thus reduce the
risk of arrest.
• Many resources for finding treatment are
described in “How to Get Services” and
“Resources for People with Mental Illness”
available at www.NAMIMainLinePA.org

• During a mental health crisis call 911 only if
there is immediate danger of physical harm.
• Otherwise you may reduce the risk that a
crisis will result in arrest by calling the
County Crisis Line which has staff 24/7 who
can assess the situation, arrange for an in-
person evaluation and/or make referrals as
needed.
• Crisis line phone numbers for the
Greater Philadelphia area are available
at: www.NAMIMainLinePA.org/crisis-
numbers/
Preventing Arrest -- Crisis Intervention

Preventing Arrest
-- Court-Ordered Treatment
• When an individual has a life-threatening
psychiatric emergency but is unwilling to
consent to treatment, state law authorizes
court-ordered treatment without the
individual’s consent.
– Inpatient = involuntary commitment
– Outpatient = assisted outpatient treatment
• For more information go to:
www.mces.org/PDFs/MCES_Quest_June_2003.pdf

Preventing Arrest –
Mental Health Advance Directives
• An Advance Directive allows a person with mental
illness to indicate his/her treatment preferences and
designate a Power of Attorney for health care who can
be authorized to make treatment decisions on his/her
behalf in the event of a mental health crisis.
• Go to Disability Rights Network’s website at
www.drnpa.org/ to download a copy of the PA Mental
Health Advance Directive

Preventing Arrest – Finding a Missing Person
• The National Missing and Unidentified Persons
Database allows the general public to add new
missing persons, with physical and circumstantial
details, photographs, dental contacts and other
critical information. Posters can be created and
cases tracked.
• Additional resources are available at
www.outpostforhope.org
www.nami.org

Criminal Justice System – Advice
• Get a good criminal lawyer as soon as possible. Try
to prevent the police from questioning a suspect
without a lawyer present. The police must stop
questioning anyone who asks for a lawyer. If
possible, consult with a lawyer before deciding
whether to reveal a suspect’s mental illness.
• If you cannot afford to pay the full fee for a private
lawyer, contact public defender services, court-
appointed attorneys, or local criminal defense
lawyers associations or bar associations.
(additional information in following slides)

Criminal Justice System – Advice
• If a person with mental illness has been arrested, see
the judge or call the district attorney and ask the
court to make it a condition of bail or sentencing that
the person must follow all treatment
recommendations. This often helps to increase
compliance with medications and other important
treatments.
• If a person with mental illness has been incarcerated,
contact the prison, ask for the medical department,
and give the person's treatment history (often the
place of last treatment is sufficient).

Criminal Justice System
– Procedures and Advice
• See Criminal Justice Videos and a guide,
When a Person with Mental Illness goes
to Prison, at NAMI.org
• Search of Criminal Justice topics at NAMI.org

Criminal Justice System
– Procedures and Advice
• When a Person with Mental Illness Goes to
Prison – How to Help (a joint project of NAMI
NY and the Urban Justice Center)
• Understanding the Criminal Justice System by
NAMI CT

Resources for People in the
Greater Philadelphia Area
• If you or your loved one are about to have or have
had an encounter with the police, you should seek
resources in the county where the incident is
occurring/has occurred (even if this is different from
the county of residence). You will find County level
resource contact information at our website.
• The PA Premise Alert System allows families to
provide information about a person with mental
illness to first responders before a problem occurs
(www.papremisealert.com).

Presented by NAMI Main Line PA
an affiliate of the National Alliance on Mental Illness
www.NAMIMainLinePA.org
info@NAMIMainLinePA.org
The complete document this presentation summarizes can be found at:
http://NAMIMainLinePA.org/info-resources/criminal-justice-resources/
All information is current as of publication date; please let us know if you encounter broken hyperlinks.