Sec. 18-85b. State's claim against proceeds of person's cause of action or person's inheritance for repayment of costs of incarceration.
Sec. 18-85b. State's claim against proceeds of person's cause of action or person's inheritance for repayment of costs of incarceration. (a) In the case of causes
of action of any person 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 pursuant
to subsection (d) of section 17b-93, (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 Court of Probate
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.
(P.A. 01-129, S. 1, 3; P.A. 04-234, S. 18.)
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.