(a) Any inmate, as defined in section 18-84, who suffers an injury may file a claim against the state. Such claim shall be heard and decided in accordance with the provisions of this chapter, provided no such claim shall be presented to the Office of the Claims Commissioner until the inmate has exhausted all administrative remedies provided by the Department of Correction. Notwithstanding the provisions of this subsection, the legal representative of the estate of an inmate may present to the Office of the Claims Commissioner a claim against the state prior to having exhausted any administrative remedy provided by the Department of Correction.
(b) In addition to the information required by section 4-147, an inmate's notice of claim shall include a description of the administrative remedies that have been exhausted. An inmate shall present such claim to the Office of the Claims Commissioner not later than one year after the date on which the inmate exhausted all administrative remedies.
(c) The Claims Commissioner may not grant a waiver of the filing fee prescribed in section 4-147 to an inmate when, on three or more prior occasions, the inmate filed with the Office of the Claims Commissioner a claim that was dismissed on grounds that it was frivolous, duplicative, malicious or otherwise failed to state a claim upon which relief could be granted.
(P.A. 76-136, S. 1, 2, 4; P.A. 93-91, S. 1, 2.; P.A. 02-89, S. 6; P.A. 16-127, S. 23.)
History: P.A. 93-91 substituted department of children and families for department of children and youth services, effective July 1, 1993; P.A. 02-89 deleted as obsolete former Subsec. (b) requiring that all matters pending on May 3, 1976, before a committee established pursuant to Sec. 18-95 be construed as pending with the same status with the claims commissioner on said date, and made a technical change; P.A. 16-127 designated existing provision re inmate who suffers injury as Subsec. (a) and substantially revised same to provide that inmate may file claim against the state after exhausting administrative remedies provided by Department of Correction, added Subsec. (b) re required information to be included in inmate's notice of claim and time period for presenting claim and added Subsec. (c) re limitation on Claims Commissioner's authority to grant waiver of filing fee to an inmate, effective June 9, 2016.
Cited. 186 C. 300; 212 C. 415.
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