§ 18-85b — State's claim against proceeds of person's cause of action or person's inheritance for repayment of costs of incarceration. Exemption.

Connecticut § 18-85b

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

Text

(a) In the case of causes of action of any person who was 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 and who is obligated to pay the costs of such person's incarceration under section 18-85a and regulations adopted in accordance with said section brought by such person within twenty years from the date such person is released from incarceration, the claim of the state shall be a lien against the proceeds therefrom in the amount of the costs of incarceration or fifty per cent of the proceeds received by such person after payment of all expenses connected with the cause of action, whichever is less, for repayment under said section, and shall have priority over all other claims, including any lien of the state for repayment of public assistance, except (1) attorney's fees for the cause of action, (2) expenses of suit, (3) costs of hospitalization connected with the cause of action by whomever paid over and above hospital insurance or other such benefits, and, for such period of hospitalization as was not paid for by the state, physicians' fees for services during any such period as are connected with the cause of action over and above medical insurance or other such benefits, (4) child support obligations collected by the state in accordance with subsection (a) of section 17b-265 and section 52-362d, (5) restitution or payment of compensation to a crime victim ordered by a court of competent jurisdiction, and (6) payment of a civil judgment rendered in favor of a crime victim by a court of competent jurisdiction; and such claim shall consist of the total amount of the costs of incarceration under section 18-85a and regulations adopted in accordance with said section. The proceeds of such causes of action shall be assignable to the state for payment of the amount due under section 18-85a, and regulations adopted in accordance with said section, irrespective of any other provision of law. The state's lien shall constitute an irrevocable direction to the attorney for such person to pay the Commissioner of Correction or the commissioner's designee in accordance with its terms, except if, after written notice from the attorney for such person informing the commissioner or the commissioner's designee of the settlement of the cause of action or judgment thereon and requesting the amount of the lien to be paid to the commissioner or the commissioner's designee, the commissioner or the commissioner's designee does not inform such attorney of the amount of the state's lien within forty-five days of receipt of the written request of such attorney for such information, such attorney may distribute such proceeds to such person and shall not be liable for any loss the state may sustain thereby. (b) In the case of an inheritance of an estate by any person who is obligated to pay the costs of such person's incarceration under section 18-85a and regulations adopted in accordance with said section that is received by such person within twenty years from the date such person is released from incarceration, the claim of the state shall be a lien against such inheritance in the amount of the costs of incarceration or fifty per cent of the assets of the estate payable to such person, whichever is less. The first fifty thousand dollars inherited by such person shall be exempt from any lien placed 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 . The Probate Court shall accept any such lien notice filed by the commissioner or the commissioner's designee with the court prior to the distribution of such inheritance, and to the extent of such inheritance not already distributed, the court shall order distribution in accordance therewith.

Legislative History

(P.A. 01-129, S. 1, 3; P.A. 04-234, S. 18; P.A. 22-118, S. 454, 458; P.A. 24-81, S. 32.) History: P.A. 01-129 effective June 28, 2001; P.A. 04-234 amended Subsec. (a) to limit the claim of the state to proceeds of a cause of action brought by such person within 20 years from the date such person is released from incarceration, added “and regulations adopted in accordance with said section” after “section 18-85a” where appearing, amended Subsec. (b) to limit the claim of the state to an inheritance that is received within 20 years from the date person is released from incarceration, replaced “inmate” with “person” where appearing and made technical changes, effective June 8, 2004; P.A. 22-118 amended Subsec. (a) to limit the provisions to persons incarcerated for certain offenses, effective May 7, 2022, and applicable to costs of incarceration incurred, before, on or after May 7, 2022, and amended Subsec. (a)(4) by changing a reference to child support obligations collected pursuant to Sec. 17b-93 to child support obligations collected in accordance with Secs. 17b-265 and 52-362d, effective July 1, 2022; P.A. 24-81 amended Subsec. (b) by adding exemption for inheritances not exceeding $50,000 and making a technical change, effective July 1, 2024.