LCO No. 6532 1 of 2
General Assembly Raised Bill No. 1110
January Session, 2019
LCO No. 6532
Referred to Committee on JUDICIARY
Introduced by:
(JUD)
AN ACT CONCERNING IN MATE CLAIMS THAT ARE FILED WITH THE
OFFICE OF THE CLAIMS COMMISSIONER.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 4-165b of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective July 1, 2019): 2
(a) Any inmate, as defined in section 18-84, who suffers an injury 3
may file a claim against the state. Such claim shall be heard and 4
decided in accordance with the provisions of this chapter, provided no 5
such claim shall be presented to the Office of the Claims Commissioner 6
until the inmate has exhausted all administrative remedies provided 7
by the Department of Correction. Notwithstanding the provisions of 8
this subsection, the legal representative of the estate of an inmate may 9
present to the Office of the Claims Commissioner a claim against the 10
state prior to having exhausted any administrative remedy provided 11
by the Department of Correction. 12
(b) In addition to the information required by section 4-147, an 13
inmate's notice of claim shall include a description of the 14 Raised Bill No. 1110
LCO No. 6532 2 of 2
administrative remedies that have been exhausted. An inmate shall 15
present such claim to the Office of the Claims Commissioner not later 16
than one year after the date on which the inmate exhausted all 17
administrative remedies. 18
(c) An inmate, his or her legal representative or the legal 19
representative of the estate of an inmate, who has filed a claim with the 20
Office of the Claims Commissioner in connection with a fatal injury 21
suffered by the inmate while incarcerated or an injury that resulted in 22
the inmate suffering a permanent disability while incarcerated, may 23
receive all personnel, protocol or policy reviews, medical files, medical 24
reviews, corrective action plans or summary reports in the possession 25
of the Department of Correction that are relevant to such claim, upon 26
the request of the inmate or his or her legal representative. The Claims 27
Commissioner, pursuant to section 4-157, may adopt rules of 28
procedure necessary to carry out the provisions of this subsection. 29
[(c)] (d) The Claims Commissioner may not grant a waiver of the 30
filing fee prescribed in section 4-147 to an inmate when, on three or 31
more prior occasions, the inmate filed with the Office of the Claims 32
Commissioner a claim that was dismissed on grounds that it was 33
frivolous, duplicative, malicious or otherwise failed to state a claim 34
upon which relief could be granted. 35
This act shall take effect as follows and shall amend the following
sections:
Section 1 July 1, 2019 4-165b
Statement of Purpose:
To provide for the fair and equitable adjudication of a claim filed by or
on behalf of an inmate for death or permanent injuries suffered while
incarcerated at an institution or facility of the Department of
Correction.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
not underlined.]