Title 23A — CRIMINAL PROCEDURE

Terms used in this chapter mean: (1) "Claimant," any person entitled to apply for compensation pursuant to this chapter; (2) "Commission," the South Dakota Crime Victims' Compensation Commission as established by § 23A-28B-3 ; (3) "Crime," conduct that occurs or is attempted in t…

The provisions of this chapter do not create a right to receive victims' compensation. Such compensation is only payable to the extent that funds for such purpose are available within the crime victims' compensation fund. Source: SL 1991, ch 201 , § 10.

An application for compensation shall be on a form prescribed by the department which sets forth: (1) The victim's name and address, the claimant's name and address, and the relationship of the claimant to the victim; (2) If the victim is deceased, the name and address of each de…

The department shall furnish law enforcement agencies with victims' compensation application forms. A law enforcement agency investigating a crime shall provide forms to any person who may be eligible to file a claim pursuant to this chapter. Source: SL 1991, ch 201 , § 12.

The department may require that documentation substantiating the facts stated in an application for compensation be submitted with the application. If the department determines that an application does not contain the required information or that the facts stated in the applicati…

A claimant may file an amended application or additional substantiating materials to correct inadvertent errors or omissions at any time before the department or the commission disposes of the original application. Any additional material filed pursuant to this section shall be c…

An application for compensation may be made on a minor's behalf by the minor's parent, guardian, or conservator. An application by a protected person may be made on the protected person's behalf by the person's guardian or conservator. Source: SL 1991, ch 201 , § 15; SL 1993, ch …

Upon request by the department, any state or local agency, including a law enforcement agency, shall complete and return to the department a certification form to provide any information requested by the department to help decide whether a person is eligible to receive an award o…

The department or commission may issue subpoenas for persons or documents as provided by § 15-6-45 for any investigation or hearing conducted pursuant to this chapter. Failure to comply with a subpoena issued pursuant to this chapter is punishable as contempt in court as provided…

The department may order payment of compensation: (1) For the benefit of the injured person; (2) In the event of personal injury to or death of the victim, to any person responsible for maintenance of the victim who has suffered pecuniary loss or incurred expenses as a result of …

The department or commission, as applicable, may order payment of victims' compensation in accordance with the provisions of this chapter for reasonable economic losses incurred as a direct result of personal injury to or death of a victim, including any economic loss as defined …

If a resident of South Dakota is a victim of a crime as defined in § 23A-28B-1 , but the crime occurred outside the boundaries of this state, the resident has the same rights under the provisions of this chapter as if the crime had occurred within this state upon a showing that t…

For the purpose of calculating compensation to be awarded pursuant to this chapter, the department shall establish uniform standards for compensation under this chapter, taking into consideration the rates and amounts of compensation payable for injuries and for death under the l…

Compensation granted to any claimant suffering economic loss as the result of injury to or death of any one victim may not exceed fifteen thousand dollars. Source: SL 1991, ch 201 , § 21; SL 1999, ch 125 , § 1.

Any award of victims' compensation made pursuant to this chapter shall be reduced by the amount of any payment received, or to be received, by the victim from any collateral source as a result of the conduct giving rise to the application for compensation. For purposes of this se…

An award of compensation may be made without regard to whether any person is prosecuted or convicted for the criminal conduct that is the basis of the award. Proof of conviction of a person whose conduct gives rise to a claim is conclusive evidence that the crime was committed, u…

An award of victims' compensation under this chapter shall be paid in a lump sum. However, in a case involving death or protracted disability, an award may be paid in periodic payments. The department may pay any portion of an award directly to the provider of any service which i…

No claim for compensation may be awarded: (1) Unless an application for compensation is filed with the department within one year after the date of the personal injury or death and the personal injury or death was the result of a crime which had been reported to a law enforcement…

No victim or dependent may be denied compensation solely because he is a relative of the offender or was living with the offender as a family or household member at the time of the personal injury or death. Source: SL 1991, ch 201 , § 26.

If the department concludes that an award of compensation is likely and that undue hardship will result to a claimant if an immediate award is not made, the department may grant an emergency award of compensation. The amount of such emergency award shall be based upon the claiman…

The department shall receive, review, and investigate any claim for victims' compensation that is properly filed. Following review and investigation, the department shall issue an order that includes: (1) Findings of fact; (2) The amount of compensation, if any, payable under the…

23A-28B-31 Order entered on all claims submitted under chapter--Content. 23A-28B-32 Request for review of department order--Hearing. 23A-28B-32.1 Department permitted to amend commission order. 23A-28B-33 Promulgation of rules for administration of chapter. 23A-28B-34 Department …

There is created the South Dakota Crime Victims' Compensation Commission, which shall consist of five residents of the state, three of whom shall be appointed by the Governor as follows: (1) One member shall be a law enforcement officer with a minimum of five years' experience in…

Fees and mileage for attendance as a witness in a compensation hearing before the commission shall be identical to those allowed in circuit court. Source: SL 1991, ch 201 , § 30.

For all claims submitted under the provisions of this chapter, the department shall enter an order which shall include: (1) Findings of fact; (2) The amount of compensation, if any, payable under the provisions of this chapter; (3) The name of any person to whom such compensation…

If a claimant disagrees with an order entered by the department, the claimant, within fifteen days from the date of service of the order, may request a review of the claim by the commission. A request for review shall be in writing in a form prescribed by the commission. Upon rec…

Upon request of the claimant and subject to the limitations set forth in this chapter, including any rules promulgated pursuant to § 23A-28B-20 , the department may amend an order entered by the commission pursuant to §

The department may promulgate rules, pursuant to chapter 1-26 , relating to administration of this chapter, which rules may include: (1) Procedures for investigating a claim to determine whether compensation eligibility requirements have been satisfied; (2) Procedures for verifyi…

If an award of compensation has been paid pursuant to this chapter, the department is subrogated to the cause of action of a claimant against the person responsible for the injury or death and the department may bring an action against such person in the amount of the damages sus…

No person may submit a fraudulent application or claim for a victims' compensation award, may intentionally make or cause to be made any false statement or representation of a material fact in a claim, or may intentionally conceal or fail to disclose information affecting the amo…

Any record or report obtained by the department or commission, the confidentiality of which is protected by any law or administrative rule, shall remain confidential. Source: SL 1991, ch 201 , § 36.

Any hearing held on an application is open to the public. The record of such hearing is a public record, unless the commission determines that a closed hearing is necessary because: (1) The alleged offender has not been brought to trial and a public hearing would adversely affect…

No privilege exists, except that privilege arising from the attorney - client relationship, with regard to communications or records relevant to an issue regarding the physical, mental, or emotional condition of a claimant or victim in a proceeding under this chapter if such cond…

The attorney general shall appoint an assistant attorney general to act as legal advisor to the department and to the commission toward administration of this chapter. Upon request by the department or commission, such assistant attorney general shall represent the department or …

The commission shall: (1) Hear and determine claims for compensation as provided in § 23A-28B-32 ; (2) Promulgate rules, pursuant to chapter 1-26 , governing conduct of hearings before the commission; (3) Assist the department in publicizing the availability of and procedures for…

There is established within the state treasury the crime victims' compensation fund, into which shall be deposited surcharges collected pursuant to § 23A-28B-42 , deductions from prison industries revenues or inmate wages pursuant to subdivision 24-7-3 (1), contributions, grants,…

The department may use the crime victims' compensation fund to reimburse a law enforcement agency or law enforcement officer for any actual expenses incurred for the payment of emergency expenses, including food and shelter, for any person if: (1) A law enforcement officer reason…

Expenditures authorized by this chapter from the crime victims' compensation fund shall be paid on warrants drawn by the state auditor on vouchers approved by the secretary of the department. Source: SL 1991, ch 201 , § 41.

In any criminal action for a violation of state law or county or municipal ordinance, in addition to any other liquidated cost, penalty, assessment, surcharge, or fine provided by law, there shall be levied a crime victims' compensation surcharge on each Class 2 misdemeanor, Clas…

The clerk of courts of each county shall collect any surcharge levied under § 23A-28B-42 and shall transmit the collected surcharges within thirty days to the state treasurer who shall place the money received in the crime victims' compensation fund. For administration of surchar…

No award of compensation may be made for a crime that occurs before July 1, 1992. Source: SL 1991, ch 201 , § 44; SL 2018, ch 145 , § 5.

The term of office of any member of the commission is three years or until the member's successor is appointed and qualified. However, initial appointments shall be as follows: one member shall be appointed by the Governor for one year, one member shall be appointed by the Govern…

The commission shall be administered under the direction and supervision of the department and the secretary thereof, but shall retain the quasi - judicial, quasi - legislative, advisory, other nonadministrative, and special budgetary functions (as defined in § 1-32-1 ) otherwise…

The commission shall meet as necessary to carry out its functions pursuant to the provisions of this chapter. A meeting may be called by the chairman or upon the request of any three members of the commission. Any meeting shall be held at a place and time fixed by the chairman. A…

Each member of the commission shall be paid mileage at the same rate as allowed for state employees and shall receive per diem compensation and allowable expense reimbursement in an amount set pursuant to § 4-7-10.4 for time spent attending commission meetings. However, no per di…

The department or commission, as applicable, shall award victims' compensation as authorized by the provisions of this chapter if it finds by a preponderance of the evidence that the requirements for compensation have been met. Source: SL 1991, ch 201 , § 9.