Few attorneys are aware that the State of Connecticut actively enforces liens aimed at forcing incarcerated people to pay the costs associated with their incarceration—regardless of their income and as much 20 years after their release. Typically, such “cost of incarceration” liens come as a surprise to formerly incarcerated people when they come into money by, for example, receiving an inheritance or obtaining an award in a personal injury action.
Under Connecticut General Statutes § 18-85a(a), the state “shall have a claim against each inmate for the costs of such inmate’s incarceration” for which the state has not been reimbursed. Although the statute provides for various exemptions, including some assets acquired after release, the state’s claim extends to post-release inheritances, lawsuit proceeds, and lottery winnings, Conn. Gen. Stat. § 18-85b & 18-85c, as well as funds from federal, state, or municipal pensions, annuities, or insurance contracts, as set forth in Conn. Gen. Stat. § 52-321a(b).
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