31-238

31-238. Incarceration costs; setoff

A. The director of the state department of corrections shall establish a per annum
cost of incarceration for any person convicted in a state court and committed to the
state department of corrections.

B. This cost of incarceration shall reflect the amount of dollars the state
expended in behalf of the prisoner and shall be the equivalent to the average cost of one
year's incarceration, and the director shall credit or debit a prorated portion of the
cost of incarceration with respect to any such person incarcerated for three hundred
thirty-four or fewer days in a given fiscal year.

C. The calculation of the number of days of incarceration in a given fiscal year
for the purpose of such fee shall include time served prior to conviction.

D. The state shall have the right to set off the cost of incarceration calculated
under subsection A at any time and without prior notice against any claim made by or
monetary obligation owed to a person for whom a cost of incarceration can be calculated,
except that twenty per cent of any claim or monetary obligation shall be exempt from the
provisions of this section.

E. Based on the average annual cost of incarceration for the previous three years,
the state may set off a sum to cover the minimum future incarceration that a person will
serve but must tender to the person upon his release the difference between the monies
set off and the actual cost of incarceration, if any.

F. If a person for whom a cost of incarceration can be calculated obtains a
monetary judgment against the state and the attorney general appears and exercises the
rights of this section, any monies set off against the monetary judgment shall be
distributed as follows:

1. Seventy per cent of the monies set off shall be transmitted to the state general
fund.

2. Thirty per cent of the monies shall go to the office of the attorney general to
cover the costs associated with litigation.

G. On or before the fifteenth day of January and July of each year, the attorney
general shall file with the president of the senate, the speaker of the house of
representatives, the chairman of the senate and house appropriations committees, and the
director of the joint legislative budget committee, a full and complete account of
receipts and disbursements resulting from actions taken pursuant to subsection F for the
previous six months.