reglab/housing_qa huggingface dataset:
SD Codified L § 23A-28B-33 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 28B - Crime Victims' Compensation Program|Section 23A-28B-33 - Promulgation of rules for administration of chapter.

23A-28B-33. Promulgation of rules for administration of chapter.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 verifying claimed losses or expenses;(3)Standards for compensation, as provided in §23A-28B-20;(4)Standards to insure that payment of an award will not unjustly benefit an offender or an accomplice; and(5)Procedures to be utilized to decide requests for emergency awards. Source: SL 1991, ch 201, §33.
SD Codified L § 23A-28B-34 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 28B - Crime Victims' Compensation Program|Section 23A-28B-34 - Department subrogated to claimant's cause of action--Action against party liable for claimant's injury.

23A-28B-34. Department subrogated to claimant's cause of action--Action against party liable for claimant's injury.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 sustained by the claimant. The department is also subrogated to the cause of action of the claimant against one or more third parties liable for the acts of the person responsible for such injury or death. If the department brings an action pursuant to this section and the judgment is greater than the amount of compensation paid to the claimant plus the costs incurred by the department in pursuing such action, the balance of the judgment shall be paid to the claimant.In addition to the authority of the department to bring an action under this section, the claimant may bring an action to recover damages. In any such action, the department holds subrogation rights and the claimant shall join the department as a party to such action.If any judgment or verdict pursuant to an action under this section indicates separate awards for economic loss and noneconomic loss, payments on such judgment or verdict shall be allocated between the losses in proportion to the amounts indicated. In any such action, the judge, upon timely motion, shall direct the jury to return a special verdict, which verdict shall indicate separately the awards for noneconomic loss, punitive damages, and economic loss. Source: SL 1991, ch 201, §34.
SD Codified L § 23A-28B-35 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 28B - Crime Victims' Compensation Program|Section 23A-28B-35 - Fraudulent claim prohibited--Violation as misdemeanor or felony.

23A-28B-35. Fraudulent claim prohibited--Violation as misdemeanor or felony.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 amount of or the initial or continued right to any such claim or award when reasonably requested to provide such information by the department or the commission.Any person who violates the provisions of this section is guilty of a Class 1 misdemeanor if the application or claim is in an amount of one thousand dollars or less. Any person who violates the provisions of this section is guilty of a Class 4 felony if the application or claim is in an amount exceeding one thousand dollars.Any person who violates the provisions of this section forfeits any benefit received under this chapter and shall reimburse the state for any such payments received or paid to or on behalf of that person.The state has a civil cause of action for relief against any person who violates this section in the amount of damages which the state has sustained as a result of such violation and, in addition, for punitive damages in an amount not more than double the amount of damages which the state has sustained, together with interest, plus the cost of such suit. Source: SL 1991, ch 201, §35; SL 2006, ch 130, §6.
SD Codified L § 23A-28B-36 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 28B - Crime Victims' Compensation Program|Section 23A-28B-36 - Confidentiality of records and reports.

23A-28B-36. Confidentiality of records and reports.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.
SD Codified L § 23A-28B-37 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 28B - Crime Victims' Compensation Program|Section 23A-28B-37 - Application hearing open to public--Exceptions.

23A-28B-37. Application hearing open to public--Exceptions.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 the alleged offender's apprehension or trial;(2)The victim or alleged offender is a minor;(3)A public hearing would cause trauma for the victim; or(4)A public hearing would frustrate rather than further the interests of justice. Source: SL 1991, ch 201, §37; SL 2004, ch 167, §4.
SD Codified L § 23A-28B-38 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 28B - Crime Victims' Compensation Program|Section 23A-28B-38 - Privileged communications.

23A-28B-38. Privileged communications.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 condition is an element. Source: SL 1991, ch 201, §38.
SD Codified L § 23A-28B-39 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 28B - Crime Victims' Compensation Program|Section 23A-28B-39 - Assistant attorney general to advise department and commission--Litigation assistance.

23A-28B-39. Assistant attorney general to advise department and commission--Litigation assistance.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 commission in litigation in which the department or commission is a party or has an interest. Source: SL 1991, ch 201, §39.
SD Codified L § 23A-28B-40 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 28B - Crime Victims' Compensation Program|Section 23A-28B-40 - Crime victims' compensation fund--Establishment--Purposes.

23A-28B-40. Crime victims' compensation fund--Establishment--Purposes.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, payments ordered by the court, interest received on moneys in the fund, and all other fees and moneys collected for the purposes of this chapter. This fund shall be used for the purposes of paying compensation awards and administering the crime victims' compensation program as provided for in this chapter. The fund may also be used as provided in §23A-28B-40.1. Source: SL 1991, ch 201, §40; SL 1993, ch 183, §1; SL 2020, ch 99, § 1.
SD Codified L § 23A-28B-40.1 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 28B - Crime Victims' Compensation Program|Section 23A-28B-40.1 - Emergency expenses--Requests for reimbursement.

  23A-28B-40.1  .  Emergency expenses--Requests for reimbursement.   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 reasonably believes the person was the victim of a crime; and   (2) No other services were reasonably available for the victim at the time.   Any law enforcement agency or law enforcement officer seeking reimbursement under this section shall submit to the department a request and the receipts for the expenses incurred for any victim as provided in this section.     Source:  SL 2020, ch 99, § 2.
SD Codified L § 23A-28B-41 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 28B - Crime Victims' Compensation Program|Section 23A-28B-41 - Payments from fund--Warrants--Vouchers.

23A-28B-41. Payments from fund--Warrants--Vouchers.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.
SD Codified L § 23A-28B-42 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 28B - Crime Victims' Compensation Program|Section 23A-28B-42 - Compensation surcharge for certain crimes--Waiver.

23A-28B-42. Compensation surcharge for certain crimes--Waiver.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, Class 1 misdemeanor, or felony conviction of five dollars.However, the surcharge imposed by this section does not apply to violations relating to parking of vehicles. In a case of clear financial hardship when a fine is suspended in whole or in part, the surcharge provided for in this section may be waived. Source: SL 1991, ch 201, §42; SL 2018, ch 145, §6.
SD Codified L § 23A-28B-43 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 28B - Crime Victims' Compensation Program|Section 23A-28B-43 - Collection of compensation surcharge--Disbursement.

23A-28B-43. Collection of compensation surcharge--Disbursement.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 surcharge collection, the Unified Judicial System shall receive one and one half percent of the surcharge funds collected, to be deposited in the court automation fund. The department shall receive thirteen and one half percent of surcharge funds collected for costs associated with administering claims and for providing administrative services to the commission. Any expenditures authorized from the 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, §43; SL 2018, ch 145, §7.
SD Codified L § 23A-28B-44 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 28B - Crime Victims' Compensation Program|Section 23A-28B-44 - No awards before July 1, 1992.

23A-28B-44. No awards before July 1, 1992.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.
SD Codified L § 23A-28C-1.1 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 28C - Crime Victims' Act|Section 23A-28C-1.1 - Notice defined.

23A-28C-1.1. Notice defined.For the purposes of this chapter, the term, notice, means either written notification or electronic notification. Source: SL 2014, ch 116, §1.
SD Codified L § 23A-28C-1.2 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 28C - Crime Victims' Act|Section 23A-28C-1.2 - Electronic notification and SAVIN system defined.

23A-28C-1.2. Electronic notification and SAVIN system defined.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 pursuant to §23A-28C-10. For purposes of this chapter, the term, SAVIN system, means the statewide automated victim information and notification system. Source: SL 2014, ch 116, §2; SL 2017, ch 107, §1.
SD Codified L § 23A-28C-2 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 28C - Crime Victims' Act|Section 23A-28C-2 - Notice of rights--Victim registration with SAVIN system--Confidentiality.

23A-28C-2. Notice of rights--Victim registration with SAVIN system--Confidentiality.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 advise the prosecutor of a desire to participate. A victim may choose to participate only in certain enumerated phases of the proceedings. A victim wishing to participate shall register with the SAVIN system, as defined by this chapter, where notifications, including electronic notification, required under this chapter are to be made, and of any changes in the place of notification. A prosecutor receiving notification of a victim's wish to participate shall approve the victim's status and shall keep record of that notification through the time of the defendant's final discharge from the criminal justice system in the SAVIN system. If the defendant is sentenced to the state prison system, the Department of Corrections shall keep a record of the request for notification in the SAVIN system until the defendant's final discharge from prison and parole. A victim's request for notification and the place of notification is confidential and may not be disclosed to the defendant. Source: SL 1991, ch 202, §2; SL 1995, ch 137, §2; SL 1999, ch 126, §4; SL 2014, ch 116, §7; SL 2017, ch 107, §2.
SD Codified L § 23A-28C-3 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 28C - Crime Victims' Act|Section 23A-28C-3 - Enforcement of constitutional or statutory rights.

23A-28C-3.Enforcement of constitutional or statutory rights.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 the court with jurisdiction over the case that a violation of this chapter has occurred, the court shall act promptly to ensure the victim's rights and interests are protected in a manner no less vigorous than the protections afforded to the defendant. The court, in its discretion, may determine if additional hearings or orders are necessary to ensure compliance with the chapter. The court shall clearly enter on the record the reasons for any decision regarding the disposition of a victim's rights. A violation of any right set forth in §23A-28C-1 does not constitute grounds for an appeal from conviction by a defendant or for any other relief from such conviction. Source: SL 1991, ch 202, §3; SL 2018, ch 146, §2.
SD Codified L § 23A-28C-4 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 28C - Crime Victims' Act|Section 23A-28C-4 - Victim defined.

23A-28C-4. Victim defined.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, interference with emergency communication as defined in §49-31-29.2, violation of a protection order or no contact order as defined in §25-10-13, disorderly conduct between persons in a relationship described in §25-10-3.1, stalking as defined in chapter 22-19A, a violation of chapter 22-22, a violation of chapter 22-49, or a driving or boating under the influence vehicle accident, under the laws of South Dakota or the laws of the United States. If the victim does not survive, is a minor, or is unable to comment, the term, victim, means the members of the immediate family of the primary victim. The victim may also designate a representative to act on the victim's behalf. Source: SL 1991, ch 202, §4; SL 1994, ch 181; SL 1999, ch 127, §1; SL 2014, ch 125, §10; SL 2018, ch 146, §1.
SD Codified L § 23A-28C-5 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 28C - Crime Victims' Act|Section 23A-28C-5 - Notice of incarcerated offender's change of status.

23A-28C-5. Notice of incarcerated offender's change of status.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, if any of the following occur:(1)Upon the person's escape from custody and return to custody following escape;(2)Of any release from custody, including placement in an intensive supervision program or other alternative disposition, such notice to include associated conditions of release;(3)Upon the granting of parole or revocation of parole;(4)Prior to the defendant's release from custody due to expiration of sentence; (5)Of any removal from an intensive supervision program or other alternative disposition;(6)Of any furlough; and(7)Of the offender's death. Source: SL 1995, ch 137, §3; SL 1999, ch 126, §5; SL 2011, ch 1 (Ex. Ord. 11-1), §134, eff. Apr. 12, 2011; SL 2014, ch 116, §8.
SD Codified L § 23A-28C-6 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 28C - Crime Victims' Act|Section 23A-28C-6 - Notice to be provided by Department of Corrections or state's attorney.

23A-28C-6. Notice to be provided by Department of Corrections or state's attorney.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 institution under the control of the Department of Social Services, or in any jail or in other facility due to the commission of a crime, notice as required in §23A-28C-5 shall be provided to the victim by the state's attorney in the county where the person was convicted of that crime. Source: SL 1999, ch 126, §6; SL 2011, ch 1 (Ex. Ord. 11-1), §163, eff. Apr. 12, 2011; SL 2017, ch 107, §3.
SD Codified L § 23A-28C-7 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 28C - Crime Victims' Act|Section 23A-28C-7 - Victim or witness assistant--Appointment and compensation.

23A-28C-7. Victim or witness assistant--Appointment and compensation.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 commissioners shall set the compensation for the victim or witness assistant. Source: SL 1986, ch 192, §1; SDCL §22-1-10; SL 2005, ch 120, §366.
SD Codified L § 23A-28C-8 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 28C - Crime Victims' Act|Section 23A-28C-8 - Victim or witness assistant--Duties.

23A-28C-8. Victim or witness assistant--Duties.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 attorney, court services officer, and the victim to determine the amount of monetary damages suffered by the victim and advise the victim about restitution;(4)Advise, if the victim is less than sixteen years of age and the victim of certain crimes, the victim and one of the victim's immediate family that the preliminary hearing or deposition testimony of the victim may be videotaped pursuant to §23A-12-9;(5)Advise the victim or one of the victim's immediate family if the defendant is released from custody and the defendant's bail conditions.The victim or witness assistant may accompany the victim in any criminal proceeding. Source: SL 1986, ch 192, §3; SDCL §22-1-11; SL 2005, ch 120, §§364, 366.
SD Codified L § 23A-28C-9 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 28C - Crime Victims' Act|Section 23A-28C-9 - Notice to immediate family.

23A-28C-9. Notice to immediate family.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. Source: SL 1986, ch 178; SDCL §22-1-12; SL 2005, ch 120, §§365, 366; SL 2014, ch 116, §9.
SD Codified L § 23A-28C-10 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 28C - Crime Victims' Act|Section 23A-28C-10 - Statewide automated victim information and notification system.

23A-28C-10. Statewide automated victim information and notification system.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 such system. All agencies within the state shall cooperate with the Office of the Attorney General in order to establish the SAVIN system, undergo any required training, and report into the system as required. The Office of the Attorney General shall establish guidelines by rules promulgated pursuant to chapter 1-26 and in accordance with the provisions of §23A-28C-2, to ensure any victim is properly notified of the SAVIN system and advised as to how the victim may gain access. Source: SL 2013, ch 101, §76, eff. July 1, 2014.
SD Codified L § 23A-28C-11 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 28C - Crime Victims' Act|Section 23A-28C-11 - Notice of clemency hearing--Contents.

23A-28C-11. Notice of clemency hearing--Contents.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 date, time, and location and shall advise the victim that the victim may be present at the hearing and may state an opinion regarding clemency. The victim shall be notified if clemency is recommended. Source: SL 2014, ch 116, §3.
SD Codified L § 23A-28C-12 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 28C - Crime Victims' Act|Section 23A-28C-12 - Notice of discretionary parole hearing--Contents.

23A-28C-12. Notice of discretionary parole hearing--Contents.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 victim may be present at the hearing and may state an opinion regarding the possible parole of the inmate. Source: SL 2014, ch 116, §4; SL 2017, ch 107, §4.