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LEGAL INSIGHTS / Estate Planning

Connecticut Can Recover The Costs of Prison From Your Estate

Connecticut regulations define the daily cost of incarceration based on accounting procedures used by the comptroller for state humane institutions. Inmates are also responsible for paying for certain services and programs, including educational programs, sick calls, dental procedures, eyeglasses, and lab tests for detecting illegal drugs.

The state has a claim for the costs of incarceration against an inmate’s property, with certain exemptions. The attorney general can enforce the claim in court within two years of the inmate’s release or death, except for fraudulently concealed property.

The Department of Correction has collected varying amounts in assessed incarceration costs over the years. Inmates are required to pay specific amounts for each service or program they use.

A new law exempts up to $50,000 of an inmate’s assets, except for inmates convicted of specific crimes. When an inmate owes the state money for incarceration costs and wins a lawsuit, the state’s claim becomes a lien against the proceeds, with limitations.

The state’s lien against lawsuit proceeds only applies to inmates convicted of certain crimes. It takes priority over most other claims but has exceptions such as child support obligations, lawsuit expenses, hospitalization costs, court-ordered restitution, and civil judgments to crime victims.

When a person owing incarceration costs inherits property or money, the state’s claim becomes a lien against the inheritance. The amount of the lien is either the total cost of incarceration or 50% of the inheritance, with no reduction.

If a person owing incarceration costs dies, the state has a lien against the estate, except for support of surviving family members. The lien takes priority over unsecured claims, except for certain obligations such as child support, sickness expenses, funeral expenses, court-ordered restitution, and administrative expenses.