@Ruminations, if you were upset by the cost of "toothbrushes, Tylenol and tampons' then I'm not sure how you will feel about the below article that I found while trying to learn more about Prison stays in Corrupticut. Its apparently called the 'pay to stay rule'. Details below. Prepare yourself please!
I don't know anything about prison but in trying to learn more tonight, I had no idea that prisoners are charged for being there it seems and CT is amongst the highest in the nation. I have no clue how this all works but here are some quotes from the article:
"Inmates in Connecticut are charged $249 a day, but a state Department of Correction spokesperson confirmed by email that a $74 increase to $323 a day is “nearly finalized.”
"While DOC spokesperson Ashley McCarthy said "the daily rate is consistent" for all inmates, she specified that the funds are not collected from every inmate, as per state law, and that a 2022 legislative measure creating a $50,000 buffer prevents collections from many inmates".
“Hearing that the daily rate for incarceration in Connecticut is going into $323 a day is just totally crazy,” said Barbara Fair, the lead organizer for Stop Solitary Connecticut, an organization that aims to end the use of solitary confinement in the state.”What are they charging for? You can go to a luxurious hotel for less than that a day with all the amenities.”
"In addition to the daily rate, the Department of Correction can charge for specific services, including sick calls, dental procedures, eyeglasses, educational programs and lab tests to detect illegal drugs, if the results are positive.
Most states charge inmates a daily fee, but Fair believes Connecticut charges more than any other state".
“They’re sharing their space, many of them, with mice. Most of them are two men in one cage,” Fair said. “I don't even have words for what they're doing.”
"While most states have laws allowing the cost of incarceration to be recouped, the daily cost can vary from county to county. Brittany Friedman, an assistant professor of sociology and a faculty affiliate of Rutgers' criminal justice program, wrote in 2020 that in many states, "A person can be charged $20 to $80 a day for their incarceration."
"In fiscal year 2022, Connecticut collected more than $6.6 million from former inmates. "All collected funds are deposited in the state’s General Fund," McCarthy said. "They do not go to the DOC and are not available to the agency."
“The problem is not that Connecticut’s prison debt is the highest in the country, but that Connecticut attempts to collect prison debt at all. Connecticut’s prison debt statute is morally wrong and legally unconstitutional,” Dan Barrett, legal director for the ACLU of Connecticut, said by email.
So, assuming MT is sentenced to 50 years but serves 30 years [10,950 days x $323 = $3,500,336.50 is possible claim by State of CT].
This article says prisoners on avg in CT serve 44% of their sentence. https://cga.ct.gov/PS94/rpt\olr\htm/94-R-0906.htm
SUMMARY of above article:
The Department of Correction (DOC) cannot provide information on the average length of inmate sentences, but inmates appear to be serving an average of 44% of their sentences. As you know, some crimes carry mandatory minimum sentences and almost all crimes have a range of time for which a judge may sentence. There are a number of ways that a sentence can be reduced including good time and parole.
The average DOC expenditure per inmate is $66.09 per day or $24,122.85 per year. Alternative Incarceration Program slots vary from $18,294 per slot per year for the residential program to $1,500 per slot per year for the Intensive Supervision Unit. Parole costs $2,000 per client per year.
Issue
Quote from State of CT Bulletin above:
Reimbursement of Incarceration Costs in Connecticut
By: Michelle Kirby, Senior Legislative Attorney August 3, 2022 | 2022-R-0149
Summarize the law requiring incarcerated individuals to pay the cost of their incarceration. (This report updates OLR Report 2018-R-0269.)
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, as amended by PA 22-118, § 457). Pursuant to this statutory requirement, the commissioner adopted regulations that require charging inmates for the costs of their use of various services and programs. For purposes of these regulations, an inmate is a person confined or formerly confined in a correctional facility under a sentence imposed by a Connecticut state court (Conn. Agencies Regs. § 18-85a-1).
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; and lab tests to detect illegal drugs, if the results are positive (Conn. Agencies Regs. §§ 18-85a-1 to -4).
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 (CGS § 18-85a, as amended by PA 22-118, § 457).
According to the Office of Fiscal Analysis, DOC collected the following amounts in assessed incarceration costs: $4,778,428 in FY 17; $6,465,907 in FY 18; $7,168,155in FY 19; $6,080,381 in FY 20; and $5,738,302 in FY 2021.
Seems like there is a property claim aspect to this as well:
Property Subject to the State’s Claim
The law gives the state a claim against any property owned by an inmate except for property that meets the following criteria:
- property that is statutorily exempt from execution to satisfy court judgments and exempt property of a farm partnership;
- 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;
- 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; and
- property the inmate acquired after he or she was released from incarceration (CGS § 18- 85a, as amended by PA 22-118, § 457).
A new law additionally exempts up to $50,000 of an inmate’s other assets except those for inmates incarcerated for capital felony or murder with special circumstances, felony murder, 1st and 2nd degree sexual assault, 1st degree aggravated sexual assault, or aggravated sexual assault of a minor (PA 22-118, §§ 457-458, effective upon passage, and applicable to costs of incarceration incurred before, on, or after that date (May 7, 2022)).
Wow, it gets worse:
Inheritance
When a person who owes the state money for the costs of incarceration inherits property or money, the state’s claim is a lien against the inheritance for the total cost of 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 (CGS § 18-85b(b), as amended by PA 22-118, § 454).
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