§ 18-85a — Assessment for costs of incarceration. State's claim against inmate's property for repayment of costs of incarceration. Exempt property. Program fees. Regulations. Termination of recovery for costs related to time served for erased criminal record.

Connecticut § 18-85a

• Jurisdiction: Connecticut
• Title 18: Correctional Institutions and Department of Correction
• Ch. 325: Department of Correction

Text

(a) The Commissioner of Correction shall adopt regulations, in accordance with the provisions of chapter 54, concerning the assessment of inmates of correctional institutions or facilities for the costs of their incarceration. (b) The state shall have a claim against each inmate for the costs of such inmate's incarceration under this section, and regulations adopted in accordance with this section, for which the state has not been reimbursed. Any property owned by such inmate may be used to satisfy such claim, except property that is: (1) Exempt pursuant to section 52-352b or 52-352d , except as provided in subsection (b) of section 52-321a ; (2) subject to the provisions of section 54-218 ; (3) acquired by such inmate after the inmate is released from incarceration, but not including property so acquired that is subject to the provisions of section 18-85b , 18-85c or 52-367c , and except as provided in subsection (b) of section 52-321a ; or (4) acquired by such inmate for work performed during incarceration as part of a program designated or defined in regulations adopted by the Commissioner of Correction, in accordance with the provisions of chapter 54, as a job training, skill development or career opportunity or enhancement program, other than a pilot program established pursuant to section 18-90b , except that the commissioner may assess a fee for participation in any such program. In addition to property described in subdivisions (1) to (4), inclusive, of this subsection, up to fifty thousand dollars of other assets shall be exempt from a claim made under this section, except in the case of an inmate incarcerated for a capital felony under the provisions of section 53a-54b in effect prior to April 25, 2012, or murder with special circumstances committed on or after April 25, 2012, under the provisions of section 53a-54b in effect on or after April 25, 2012, or a violation of section 53a-54c , 53a-70 , 53a-70a , 53a-70c or 53a-71 . In addition to other remedies available at law, the Attorney General, on request of the Commissioner of Correction, may bring an action in the superior court for the judicial district of Hartford to enforce such claim, provided no such action shall be brought but within two years from the date the inmate is released from incarceration or, if the inmate dies while in the custody of the commissioner, within two years from the date of the inmate's death, except that such limitation period shall not apply if such property was fraudulently concealed from the state. (c) Any state claim for the cost of incarceration for an inmate whose criminal record was erased pursuant to chapter 961a shall be terminated to the extent such cost was incurred during time served by such inmate for crimes included on the erased criminal record. Such inmate shall not be entitled to reimbursement for any state claims paid by or on behalf of such inmate prior to July 1, 2024, for the cost of such inmate's incarceration.

Legislative History

(P.A. 95-235; P.A. 04-234, S. 17; P.A. 07-158, S. 3; P.A. 13-69, S. 3; P.A. 18-155, S. 7; P.A. 22-118, S. 457; P.A. 24-81, S. 31.) History: P.A. 04-234 designated existing provisions as Subsec. (a) and added Subsec. (b) to grant the state a claim against each inmate for the unreimbursed costs of such inmate's incarceration, provide that any property owned by such inmate may be used to satisfy the claim, specify the types of property that may not be used to satisfy the claim, authorize the Attorney General to bring an action to enforce a claim and specify the time limitation on bringing such action, effective June 8, 2004, and applicable to actions or proceedings pending or commenced on or after that date; P.A. 07-158 inserted Subsec. (b)(5) re deposits in a discharge savings account, not to exceed $1,000, effective July 1, 2007; P.A. 13-69 amended Subsec. (b) to add provision re property acquired in a pilot program under Sec. 18-90b and assessment of a fee for program participation in Subdiv. (4) and to substitute “credited to” for “deposited in” in Subdiv. (5), effective July 1, 2013; P.A. 18-155 deleted former Subsec. (b)(5) re property credited to discharge savings account; P.A. 22-118 amended Subsec. (b) to add exemption of up to $50,000 above property excluded in Subdivs. (1) to (4), with exception for inmates incarcerated for certain offenses, effective May 7, 2022, and applicable to costs of incarceration incurred, before, on or after May 7, 2022; P.A. 24-81 added Subsec. (c) re termination of recovery of charges related to time served for erased criminal record, effective July 1, 2024.