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  #1  
Old 07-31-2009, 11:45 AM
sadinct sadinct is offline
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Post Inmates to pay for the costs of their incarceration?!?!?

Just wondering if anyone has had to deal with such a situation. If so what did you do? Were you able to fight this? I mean this law has the potential to SINK/DESTROY my family financially, WHY do we all have to suffer from one person's mistake. I am afraid, VERY afraid.

My BF knows someone that was awarded a pretty healthy sum of money from a lawsuit 15 years ago..YES, 15 years ago. He was sentenced to 2 years recently and he just learned that there is currently a lien on his bank accounts from the State of Connecticut. The State wants him to pay $40K for each year he is incarcerated and on parole....WOW!





You asked about the law requiring inmates to pay for the costs of their incarceration.
SUMMARY
State law requires the Department of Correction (DOC) commissioner to adopt regulations to assess inmates for the costs of their incarceration (CGS § 18-85a). Pursuant to this statutory requirement, the commissioner adopted regulations that require charging inmates for the costs of their use of various services and programs. An inmate is a person confined or formerly confined in a correctional facility under a sentence imposed by a Connecticut state court.
The regulations define the per-inmate, per-day cost of incarceration at DOC facilities as the amount computed using the same accounting procedures the comptroller uses to calculate such costs for state humane institutions. The regulations also make inmates responsible for the costs of certain services and programs such as sick calls; dental procedures; eyeglasses; elective and vocational educational programs; extended family visits; and lab tests to detect illegal drugs, if the results are positive (§ 18-85a-1-4 Regulations of Ct. State Agencies; a copy is enclosed. ).
The law gives the state a claim for the costs of incarceration against an inmate's property but it excludes certain types of property. In addition to other legal remedies, the attorney general can bring an action to enforce the claim in Superior Court in the Hartford judicial district at DOC's request. The action must be brought within two years of the inmate's release from prison or within two years of his death if he dies while in DOC custody. This restriction does not apply to property that is fraudulently concealed.
According to the Office of Fiscal Analysis, DOC collected $ 609,198 in FY 03, $ 1,316,190 in FY 04, $ 1,549,586 in FY 05, and $ 819,301 during FY 06 through November 30, 2005 (a fiscal year runs from July 1 of one year to June 30 of the next year).
INMATES DUTY TO PAY FOR PROGRAMS AND SERVICES
The regulations specify that the inmate's responsibility to pay for the use of services and programs is governed by the following schedule:
1. elective education programs, $ 3. 00 per course;
2. vocational-education programs, $ 3. 00 per course;
3. participation in extended family visits, $ 10. 00 per visit;
4. sick call (inmate initiated visits), $ 3. 00 per visit;
5. dental procedures, $ 3. 00 per procedure;
6. eyeglasses, $ 3. 00 per prescription; and
7. laboratory tests taken to detect illegal use of drugs where results are positive, actual cost of confirmation test (§ 18-85a-3 Ct. Regs).

PROPERTY SUBJECT TO THE STATE'S CLAIM
The law gives the state a claim against any property owned by an inmate except:
1. property the inmate acquired after he was released from incarceration;
2. property acquired for work performed during incarceration as part of a program designated or defined in DOC regulation as job training, skill development, a career opportunity, or an enhancement program;
3. money from a contract for reenacting the inmate's violent crime in various media (such as movies and books) or from the expression of the person's thoughts or feelings about the crime which by law must be paid to the Office of Victim Services; and
4. property that is statutorily exempt from execution to satisfy court judgments and exempt property of a farm partnership.
But the claim does apply to lottery and pari-mutuel winnings after the person's release from prison; his estate, inheritance, and lawsuit proceeds won within a certain period after his release from prison; and certain federal, state, or municipal pension, annuity, insurance contracts, and similar items that are for government employee retirement benefits (subject to the rights of an alternate payee under a qualified domestic relations order).
Some of the provisions on the types of property subject to the state's claim only apply to actions and proceedings pending or commencing on or after June 8, 2004, when PA 04-234 took effect to change the law.
Lawsuit Proceeds
Whenever a person who owes the state money for the cost of his incarceration wins a lawsuit judgment, the state's claim is a lien against the proceeds. The maximum amount of the claim is the full cost of the inmate's incarceration or 50% of the proceeds, minus certain expenses, whichever is less.
The incarceration lien has priority over all other claims, including any state lien for repayment of public assistance, except:
1. child support obligations the state can collect in public assistance repayments from a person's lawsuit proceeds (by law these funds must first reimburse Medicaid for coverage related to injuries that were the basis of the lawsuit);
2. expenses of the lawsuit, including attorney's fees;
3. hospitalization costs connected with the lawsuit not paid by insurance or other benefits;
4. physicians' fees associated with the hospitalization that the state has not paid for and that insurance or other benefits do not cover;
5. court-ordered restitution or compensation to a crime victim; and
6. payment of a civil judgment to a crime victim.

The proceeds are assignable to the state. The lien requires the inmate's attorney to pay DOC from the proceeds. But, if the attorney gives DOC written notice of a settlement or judgment that requests the lien amount and DOC does not provide it within 45 days, the attorney can distribute the proceeds to the inmate and is not liable to the state.
This provision applies to lawsuits brought within 20 years of the person's release from incarceration.
Inheritance
When a person who owes the state money for the cost of his incarceration inherits property or money, the state's claim is a lien against the inheritance for the total cost of his incarceration or 50% of the inheritance, whichever is less. There is no reduction in this amount. The probate court must accept any lien notice that DOC files and, to the extent the estate has not already been paid out, order the estate distributed accordingly.
This provision applies to inheritances within 20 years of the person's release from incarceration.
Death of Person Owing Costs of Incarceration
When someone who owes the state money for the cost of his incarceration dies, the state has a lien against his estate up to the total cost of his incarceration to the extent the estate is not needed to support his surviving spouse, parent, or dependent children. The lien has priority over all other unsecured claims, including public assistance liens, except for (1) child support obligations the state can collect in public assistance repayments; (2) up to $ 375 for the expenses of his last sickness; (3) state payments of up to $ 1,200 for funeral and burial expenses to a person who received state supplement or temporary family assistance; (4) court-ordered restitution or compensation to a crime victim; (5) payment of a civil judgment to a crime victim; and (6)
administrative expenses, including probate taxes and fees and fiduciary fees up to certain limits. If the deceased inmate has a prepaid funeral arrangement, the funeral and burial exception amount must be reduced by the amount of the arrangement.

The law allows priority for fiduciary fees, based on the value of the estate, only up to certain limits. It allows 5% for the first $ 2,000; 4% for the next $ 8,000; and 3% for the remainder. The probate court, after a hearing with a 10-day notice to DOC, can authorize payment above these levels for extraordinary services.
If the estate has paid any amount exceeding these limits, the person who received it must repay the estate and the state can recover the amount, with interest at the legal rate, by civil suit.
This provision applies to the estate of someone who dies within 20 years of his release from incarceration.
CR: dw
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Old 08-02-2009, 10:56 AM
a203mom a203mom is offline
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yup, my dad had to pay back thousands and thousands. he was away alot when i was young, my mom past, years went by, he cleaned up, became a clinician, remarried, had kids. tried to buy a home and boom, they said he owed the state all this money!! he went to court for a good 2 years, they put him on payment arrangements. not sure if he's still paying. that was a good 18 years ago. but i do know he had to pay back everything.
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Old 09-22-2009, 02:49 PM
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Quote:
Originally Posted by a203mom View Post
yup, my dad had to pay back thousands and thousands. he was away alot when i was young, my mom past, years went by, he cleaned up, became a clinician, remarried, had kids. tried to buy a home and boom, they said he owed the state all this money!! he went to court for a good 2 years, they put him on payment arrangements. not sure if he's still paying. that was a good 18 years ago. but i do know he had to pay back everything.

Sorry about your mom passing. Thanks for your response..shocking, it really is. You hear so much about tax payers dollars going towards the housing/meals/medical etc/ for inmates, but for those that turn their life around they stick them with the bill. Shocked! but thanks again for confiming
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Old 12-07-2009, 01:04 AM
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that is just plain CRAZY!!!
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Old 12-16-2009, 06:44 PM
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Move. I am. The day my probation ends, 3 more years, Christmas day 2012, I will leave this ugly state. And my money? There are checks and balances in Connecticut for Connecticut. And sadinct said "The State wants him to pay $40K for each year he is incarcerated and on parole....WOW!" You are mistaken. He does not have to pay 40k for every day on parole.
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Old 12-16-2009, 07:12 PM
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To me this is just another way the system fails ex-offenders. My husband will be in jail for a very long time, on top of that he has a civil judgement against him for his crime. Now, if the state comes after him to help pay for his incarceration (even though I believe my tax dollars are already doing this) how do they expect him to survive? It's not like it's so easy to find a job when you have to check the ex-con box. Yet another reason why some offenders, reoffend.
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Old 12-21-2009, 09:33 AM
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Do we ever get a break!?!?!? Unbelievable
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Old 12-21-2009, 09:40 AM
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My man is still in and I just found out he has an $11,452.00 medical bill that will need to be paid before he will be released from parole(which he is not even close to getting yet). The thing that pisses me off is he was on disability before he went in and had full medical, but now they are charging him.
And these bills are not even up todate, he has had 3 surgeries since these bills were filled.

How will we ever get out of this?
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Old 02-28-2010, 07:25 AM
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ridiculous!!!!
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Old 04-03-2010, 12:33 PM
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Is this Connecticut Law.. is this an "Execute law"?, Where can this law be found?
Thanks Renay
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