Oklahoma is facing a crisis where far too many people can only access mental health and substance use treatment through the criminal justice system—a system never designed to provide care. In Oklahoma, 1 out of every 5 adults experiences a mental illness while 1 out of every 10 adults has an active substance abuse disorder, two of the highest rates in the country. The distribution of this public health crisis across the state means too many people can only access mental health and substance use treatment through the criminal justice system, particularly in rural areas where community-based services are scarce or nonexistent. This has created a cycle where treatment is tied to incarceration, bringing lasting consequences for individuals and communities. Reforms like State Question 780 have begun to break that cycle by reducing incarceration and crime. Now, with the rollout of the Community Safety Investment Fund, counties are beginning to receive long-overdue resources to support treatment, housing, and diversion outside the justice system. A full report with expanded data and analysis will be released this summer.
The Problem with Using the Criminal Justice System for Treatment
Currently, in Oklahoma, the criminal justice system is the primary method for individuals to get mental health and substance abuse treatment. For example, a national survey found that individuals with a criminal history are more likely to receive treatment than those without one. The treatment options in rural Oklahoma outside the criminal justice system are virtually nonexistent. In 67 of our 77 counties, there is no licensed child psychiatrist. At the same time, by 2036, the projected number of addiction counselors, mental health counselors, and psychologists is estimated to be less than the projected need. This leads to situations where certain counties, like Choctaw and Atoka, have elevated rates of fatal overdoses while having among the lowest rates of usage for state-provided treatment services.
So while the criminal legal system offers a rare chance to engage in treatment, it also comes with substantial costs, both to the individual and the community at large. People with criminal legal system involvement face significant barriers to housing, employment, and education, as 9 out of every 10 employers, 4 out of 5 landlords, and 3 out of 5 colleges nationwide conduct a criminal background check on applicants. Moreover, criminal records reach across generational lines. For example, boosting a child’s family income by just $3,000 annually leads to a 17% increase in annual earnings for that child in adulthood. Meanwhile, obtaining quality employment makes an individual far less likely to engage in future crime, meaning that these barriers to employment are ultimately counterproductive. There are also numerous hidden costs associated with large numbers of citizens with criminal legal system involvement, including the continued strain put on our public health system and lower property values. Adding this all together puts the broader societal cost to the nation of the criminal legal system at 1.2 trillion dollars.
The Success of SQ780
Oklahomans envisioned another path forward when they passed the groundbreaking reform of State Question 780 in 2016, which reclassified low-level property and drug crimes from felonies to misdemeanors, effectively eliminating lengthy prison sentences for these crimes. Since the implementation of these reforms, property crimes have fallen by 32.8% to 23.6%, depending on the county category. This decline in crime is not merely a statistical illusion caused by reclassification. Oklahoma has seen felony filings decline by 45% since the passage of SQ780 and a nearly 28% reduction in misdemeanor filings, indicating that the drop in reported crime is genuine rather than a shift in classification. If the reforms had simply downgraded offenses without addressing the over-criminalization of our state, one would expect felony charges to decrease while misdemeanor filings increased. Instead, the overall decline suggests that fewer people are entering the justice system in the first place, reinforcing the idea that providing alternatives to incarceration reduces crime rather than merely reshuffling it into a different legal category.
The Ramifications of the Community Safety Investment Fund
The State Question 780 reform was coupled with State Question 781, which directed that the savings to the state created by this lower incarceration rate be sent to the Community Safety Investment Fund. These funds would be sent to county governments to be used for addiction and mental health treatment, housing and reentry services, and new diversion programming. However, the State legislature had not appropriated the money as required until 2023, when SB844 was passed. The Legislature has ultimately appropriated almost $25 million to the fund over two years, and counties were required to send in their Request for Proposal (RFP) by February of 2025. This timeline means that SQ780 and the associated reduction of incarceration have been fully implemented, but the off-ramp of the incarceration cycle, in the form of housing support, reentry services, and substance abuse and mental health services in the community, has not been fully implemented until now.
In total, 44 of our 77 counties applied, and county governments receiving Community Safety Investment Fund dollars will hire a total of 34 new full-time employees to serve at least 4,500 new Oklahomans who have criminal justice contact. Whether these counties are expanding treatment courts, creating new diversion programs, or helping connect people in need to housing, these opportunities should further the already significant benefits of these reforms. For example, according to ODMHSAS, counties that applied for Community Safety Investment Funds have, on average, only 15% of individuals needing mental health treatment receive it, and less than 10% of individuals needing substance abuse treatment receive it. Ending the cycle of mental health and substance abuse in local jails and prisons will further lower crime rates and make the workforce more resilient by offering treatment options without the significant burdens of a criminal record. This is only the tip of the iceberg; improvements in access to housing, employment, and treatment will be transformative to the State.
Conclusion
As Mental Health Awareness Month ends, Oklahoma stands at a turning point. State Question 780 has already shown that reducing incarceration can go hand in hand with lowering crime. The next step is ensuring that every community has access to real support, treatment, housing, and stability, before people reach a crisis point. With new investments from the Community Safety Investment Fund finally reaching counties, that vision is beginning to take shape. Want the full story? Detailed analysis and data driven insights into the first year of the Community Safety Investment Fund are coming in our full report, releasing later this summer.
