Sec. 18-85c. State's claim against person's estate for repayment of costs of incarceration.
Sec. 18-85c. State's claim against person's estate for repayment of costs of
incarceration. Upon the death 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 that occurs within twenty years from the date such person is released from incarceration, the state shall have a claim against such person's estate for all costs of incarceration under the provisions of said section and such regulations for which the state has
not been reimbursed, to the extent that the amount which the surviving spouse, parent
or dependent children of the decedent would otherwise take from such estate is not
needed for their support. Such claim shall have priority over all other unsecured claims
against such estate, including any lien of the state for repayment of public assistance,
except (1) expenses of last sickness not to exceed three hundred seventy-five dollars,
(2) funeral and burial expenses in accordance with that allowed under section 17b-84
upon the death of a beneficiary of aid, (3) child support obligations pursuant to subsection
(d) of section 17b-93, (4) restitution or payment of compensation to a crime victim
ordered by a court of competent jurisdiction, (5) payment of a civil judgment rendered
in favor of a crime victim by a court of competent jurisdiction, and (6) administrative
expenses, including probate fees and taxes, and including fiduciary fees not exceeding
the following commissions on the value of the whole estates accounted for by such
fiduciaries: On the first two thousand dollars or portion thereof, five per cent; on the
next eight thousand dollars or portion thereof, four per cent; on the excess over ten
thousand dollars, three per cent. Upon petition by any fiduciary, the Court of Probate,
after a hearing thereon, may authorize compensation in excess of the above schedule
for extraordinary services. Notice of any such petition and hearing shall be given to the
Commissioner of Correction at least ten days in advance of such hearing. The allowable
funeral and burial payment authorized by this section shall be reduced by the amount
of any prepaid funeral arrangement. Any amount paid from the estate under this section
to any person that exceeds the limits provided in this section shall be repaid to the estate
by such person, and such amount may be recovered in a civil action with interest at the
legal rate from the date of demand.
(P.A. 01-129, S. 2, 3; P.A. 04-234, S. 19.)
History: P.A. 01-129 effective June 28, 2001; P.A. 04-234 limited the claim of the state to the estate of a person whose
death occurs within 20 years from the date such person is released from incarceration, effective June 8, 2004.