When Mental Health and the Criminal Justice System Collide

July is BIPOC Mental Health Month a time dedicated to the mental health challenges faced by Black, Indigenous and people of color communities across the country. At Bynog Advocacy and Defense, we observe this month with a particular focus: the intersection of mental health and the criminal justice system, where the consequences of untreated conditions and systemic gaps are felt most acutely.

The reality is stark. According to research cited by the University of Cincinnati and Mental Health America, more than 50% of people who are incarcerated have a diagnosable mental health condition. BIPOC communities are disproportionately overrepresented in the justice system and disproportionately underserved in mental health care. Only about 31% of Black adults with a mental illness receive treatment in any given year, compared with 48% of white adults.

As a former federal prosecutor turned criminal defense attorney, our founder has seen this pattern from both sides of the courtroom. People with mental health conditions cycling through the system. Families scrambling to understand what's happening. And a process that too often treats symptoms as crimes rather than addressing what's really going on.

If someone you love is facing criminal charges in Louisiana and mental health is part of the picture, here's what you need to understand.

How Mental Health Affects a Criminal Case in Louisiana

Mental health is not a side issue in a criminal defense. When handled correctly, it can shape the entire trajectory of a case. Here are the primary ways it comes into play. ‍

Competency to Stand Trial

Under Louisiana law, a person cannot be tried if they are unable to understand the proceedings against them or assist in their own defense due to a mental disease or defect. If competency is in question, the defense attorney can file a motion requesting a court-ordered evaluation.

If the defendant is found incompetent, the case is not dismissed, but it is suspended while the person receives treatment. The goal is to restore competency so the legal process can resume. During this period, the defendant may be treated at a state facility or, in some cases, on an outpatient basis.

This is not a loophole. It is a constitutional protection. Trying a person who cannot understand what is happening in the courtroom violates due process under both the U.S. Constitution and Louisiana's own Code of Criminal Procedure.

The Insanity Defense

Louisiana law provides for a defense of not guilty by reason of insanity, but it is important to understand what this actually means in practice. Under Louisiana Revised Statutes 14:14, a person is exempt from criminal responsibility if, at the time of the offense, they were unable to distinguish right from wrong because of a mental disease or defect.

‍This defense is rarely raised and even more rarely successful. When it does succeed, the defendant is not released. They are typically committed to a state mental health facility — often for longer than they would have served in prison. The insanity defense is not a shortcut. It is a legal recognition that punishment is not appropriate when a person's mental condition made it impossible for them to understand what they were doing.

Sentencing Mitigation

Even when mental health does not rise to the level of an insanity defense or a competency question, it can play a critical role at sentencing. A skilled defense attorney can present evidence of a defendant's mental health history, diagnoses, treatment efforts and the impact of their condition on the behavior that led to the charges.

Louisiana judges have discretion in sentencing, and mental health mitigation can support arguments for reduced sentences, suspended sentences, probation with treatment conditions or placement in a treatment facility rather than a prison.

Diversion Programs

Some Louisiana parishes have begun implementing mental health diversion programs — court-supervised alternatives that route eligible defendants into treatment rather than the traditional criminal justice process. These programs recognize that incarceration often worsens mental health conditions and that treatment produces better outcomes for both the individual and the community.

Availability varies by parish. Not all jurisdictions in Louisiana offer formal diversion programs, and eligibility criteria differ where they do exist. An experienced criminal defense attorney can advise whether a diversion option is available in your parish and whether your case qualifies.

What Families Should Know

When a loved one with a mental health condition is arrested, the fear and confusion can be overwhelming. Here is what you can do.

Tell the attorney everything. Do not hold back information about your loved one's mental health history. Diagnoses, medications, hospitalizations, therapy, crisis episodes — all of it matters. Attorney-client privilege protects this information, and your loved one's attorney needs the full picture to build the strongest defense.

Document what you know. Write down the names of treating professionals, current medications, recent behavioral changes and any relevant history. Bring this to the attorney's office. If your loved one was in a mental health crisis at the time of the arrest, document the timeline as thoroughly as you can. ‍

Advocate for care inside the facility. Louisiana jails are required to screen inmates for mental health needs, but the quality and availability of services vary widely. Ask whether your loved one has been seen by mental health staff. If they are on medication, confirm that it is being continued. If you have concerns about their treatment, raise them with the defense attorney.

Ask about alternatives. Not every criminal case has to end in a prison sentence. Depending on the charges, the jurisdiction and the individual's history, options like mental health court, diversion programs, probation with treatment conditions or plea agreements that include treatment components may be available.

Why the Right Attorney Matters

Mental health cases require an attorney who understands more than the law. They require someone who understands how to work with mental health professionals, how to present clinical evidence in a way that is persuasive to judges and juries and how to navigate the specific procedures Louisiana uses for competency evaluations and mental health defenses.

‍At Bynog Advocacy and Defense, our founder's experience as a former federal prosecutor gives her a perspective that few defense attorneys have. She has seen how prosecutors evaluate mental health claims. She knows what arguments resonate with judges and what evidence gets dismissed. And she brings that knowledge to every case she defends.

‍If you're looking for an attorney who sees the person behind the charges, schedule a free confidential consultation today. For tips on how to prepare for a court appearance, read our guide on courtroom etiquette in Louisiana.

Note: This post is for informational purposes only and does not constitute legal advice or create an attorney-client relationship.

Frequently Asked Questions Mental Health and the Criminal Justice System 

• Can mental health be used as a defense in Louisiana?

  Yes. Louisiana law provides for a defense of not guilty by reason of insanity under La. R.S. 14:14. Additionally, mental health can affect competency to stand trial, sentencing mitigation and eligibility for diversion programs.

• What happens if someone is found incompetent to stand trial in Louisiana?

  The case is suspended, not dismissed. The defendant is typically sent to a state treatment facility to receive care aimed at restoring competency. Once competency is restored, the legal proceedings resume.

• Does Louisiana have mental health courts?

  Some Louisiana parishes operate mental health diversion programs or specialty courts. Availability varies by jurisdiction. An experienced defense attorney can advise whether such a program exists in your parish and whether your case qualifies.

• Should I tell my attorney about my mental health condition?

  Absolutely. Everything you share with your attorney is protected by attorney-client privilege. Your mental health history can be a critical part of your defense strategy, and withholding it limits your attorney's ability to help you.

• Are people found not guilty by reason of insanity released?

  No. In Louisiana, a defendant found not guilty by reason of insanity is committed to a mental health facility. They are not released into the community.