Title 23A — CRIMINAL PROCEDURE

Consistent with § 23A-28C-4 , victims of the crime, including victims of driving under the influence vehicle accidents and victims of any vehicle accident resulting in death, have the following rights: (1) To be notified of scheduled bail hearings and release from custody, to be …

For the purposes of this chapter, the term, notice, means either written notification or electronic notification. Source: SL 2014, ch 116 , § 1.

For the purposes of this chapter, the term, electronic notification, means any telephonic, electronic mail, text messaging, and facsimile transmittal notification or any notification as produced by the statewide automated victim information notification system as established purs…

The Office of the Attorney General shall oversee the establishment of a statewide automated victim information and notification (SAVIN) system within the criminal justice system and shall serve as the coordinating agency for the development, implementation and maintenance of any …

Upon the scheduling of a clemency hearing pursuant to chapter 24-14 , the Department of Corrections shall provide notice to the victim. Notice of a clemency hearing shall be made at least two weeks prior to the hearing. The notice shall provide the offender's clemency hearing dat…

The Department of Corrections, through the SAVIN system, shall provide notice to the victim before the date of a discretionary parole hearing. The notice shall provide the inmate's parole eligibility date and the parole hearing date. The notice shall advise the victim that the vi…

The victim may request to be notified by the Department of Corrections through the SAVIN system if: (1) The offender is considered for early final discharge or partial early final discharge from parole; (2) The offender is placed on or removed from work release, a global position…

If the victim is a minor, the victim's parent or guardian may request notification pursuant to this chapter. Source: SL 2014, ch 116 , § 6.

Nothing in §§ 23A-28C-3 and 23A-28C-4 may prevent interagency multidisciplinary teams from sharing information for the purposes of investigating a crime or providing services to victims, as defined in § 23A-28C-4 , in the course of the team member's speciality or occupation. Any …

The Office of the Attorney General shall establish the Office of Liaison for Missing and Murdered Indigenous Persons (MMIP) to assist with and provide training for locating missing or murdered indigenous persons. The Office of the Attorney General shall staff the MMIP with a full…

At the commencement of a criminal proceeding subject to the terms of this chapter, the prosecutor, by first class mail or electronic mail notification, shall advise the victim of the rights set forth in this chapter. In order to take advantage of the rights, the victim shall advi…

A victim may seek a cause of action for injunctive relief to enforce the victim's rights under S.D. Const., Art. VI, § 29 or this chapter. No other cause of action exists against any person for a failure to comply with the terms of this chapter. If a victim asserts in writing to …

For the purposes of this chapter, the term, victim, means any person being the direct subject of an alleged act that would constitute a crime of violence as defined by subdivision 22-1-2(9), burglary in the second degree, simple assault as defined in §§ 22-18-1 and 22-18-1.5 , in…

Any institution under the control of the Department of Corrections or the Department of Human Services or the Department of Social Services, or any jail or other facility where a person is incarcerated due to the commission of a crime, shall provide notice, as soon as possible, i…

Notice as required in § 23A-28C-5 shall be provided directly to the victim by the Department of Corrections through the SAVIN system if the defendant is incarcerated in an institution under the control of the Department of Corrections. If the defendant is incarcerated in an insti…

The board of county commissioners may appoint, with the concurrence of the state's attorney or county sheriff, a victim or witness assistant to assist victims of crime if authorized by the board of county commissioners by resolution entered upon its minutes. The board of county c…

The victim or witness assistant shall: (1) Advise the victim about the legal proceedings in which the victim will be involved; (2) Advise the victim concerning any required appearance at any proceeding and if the proceeding is continued or postponed; (3) Assist the state's attorn…

No person, other than in the performance of official duties, may disclose the identity and biographical information concerning a victim of a crime of violence or of a violation of § 22-22-7 until reasonable efforts have been made to provide notice to one of the immediate family. …