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. Any property, whether real or personal, that is deemed by the Probate Court to be an asset of the estate shall be used to pay the state's claim under this section. 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. (1) expenses of last sickness not to exceed three hundred seventy-five dollars,
2. (2) funeral and burial expenses in accordance with that allowed under sections 17b-84 and 17b-131 upon the death of a beneficiary of aid,
3. (3) child support obligations collected by the state in accordance with subsection (a) of section 17b-265 and section 52-362d,
4. (4) restitution or payment of compensation to a crime victim ordered by a court of competent jurisdiction,
5. (5) payment of a civil judgment rendered in favor of a crime victim by a court of competent jurisdiction, and
6. (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; P.A. 22-118, S. 455; P.A. 24-81, S. 33.)

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; P.A. 22-118 added a reference to Sec. 17b-131 and changed 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 inserted provision re property subject to recovery and made a technical change, effective July 1, 2024.