Title 23A, CRIMINAL PROCEDURE

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 § 23A-28B-32 . However, such amendments may not exceed five pe…

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.

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. …

A motion for new trial may be made under the same conditions specified and in the same manner as provided by § 15-6-59(b), except that said motion shall be served and filed not later than ten days after filing of the judgment. Source: SDC 1939 & Supp 1960, §§ 34.4003, 34.4004; SD…

The granting of a new trial places the parties in the same position as if no trial had been had. All evidence must be produced anew, and the former verdict cannot be used or referred to, either in evidence or in argument. Source: SDC 1939 & Supp 1960, § 34.4001; SDCL, § 23-50-12;…

A court shall arrest judgment if an indictment or information does not charge an offense or if the court does not have jurisdiction of the offense charged. Any party may move to arrest judgment, but such motion must be made within ten days after the verdict or finding of guilty o…

The effect of allowing a motion in arrest of judgment is to place the defendant in the same situation in which he was before the indictment or information was filed. Source: Supreme Court Rule 409, 1939; SDC 1939 & Supp 1960, § 34.3677; SDCL, § 23-47-2; SL 1978, ch 178 , § 382.

If from the evidence introduced at a trial there is probable cause to believe a defendant is guilty, and a new indictment or information can be framed upon which he may be convicted, a court may order him to be recommitted to the officer of the proper county or admitted to bail a…

A court may correct an illegal sentence at any time and may correct a sentence imposed in an illegal manner within the time provided in this section for the reduction of sentence. A court may reduce a sentence: (1) Within two years after the sentence is imposed; (2) Within one hu…

Clerical mistakes in judgments, orders, or other parts of a record and errors in a record arising from oversight or omission may be corrected by a court at any time and after such notice, if any, as the court orders. Source: SL 1978, ch 178 , § 385.

Upon the motion of the prosecuting attorney, the court may reduce a sentence if the defendant has provided substantial assistance in investigating or prosecuting another person. Whenever granting a sentence reduction pursuant to this section, the court is not prohibited from redu…