reglab/housing_qa huggingface dataset:
SD Codified L § 23A-28B-7 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 28B - Crime Victims' Compensation Program|Section 23A-28B-7 - Commission meetings--Quorum.

23A-28B-7. Commission meetings--Quorum.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 majority of the duly appointed members of the commission constitutes a quorum to transact its business. Source: SL 1991, ch 201, §7.
SD Codified L § 23A-28B-8 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 28B - Crime Victims' Compensation Program|Section 23A-28B-8 - Compensation and expenses for commission members.

23A-28B-8. Compensation and expenses for commission members.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 diem may be paid to any commission member who is a state employee. The per diem shall be paid on vouchers verified and approved by the secretary of the department. Source: SL 1991, ch 201, §8.
SD Codified L § 23A-28B-9 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 28B - Crime Victims' Compensation Program|Section 23A-28B-9 - Preponderance of evidence required for receipt of compensation.

23A-28B-9. Preponderance of evidence required for receipt of compensation.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.
SD Codified L § 23A-28B-10 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 28B - Crime Victims' Compensation Program|Section 23A-28B-10 - No right to compensation--Availability of funds.

23A-28B-10. No right to compensation--Availability of funds.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.
SD Codified L § 23A-28B-11 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 28B - Crime Victims' Compensation Program|Section 23A-28B-11 - Application for compensation.

23A-28B-11. Application for compensation.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 dependent of the victim and the extent to which each is dependent;(3)The date and the nature of the crime underlying the claim;(4)The law enforcement agency or officer to whom the crime was reported and the date of the report;(5)The nature and extent of the injuries sustained by the victim, the name and address of any person who gave medical treatment to the victim, and the name and address of any hospital where the victim received medical treatment;(6)The total amount of economic loss that the victim, a dependent, or the claimant sustained as a result of the crime;(7)The amount of benefits or advantages that the victim, a dependent, or other claimant has received or may be entitled to receive from any collateral source for economic loss resulting from the crime, including the name of each collateral source;(8)Whether the claimant is a spouse, parent, child, brother or sister of the offender, or an accomplice of the offender who committed the crime;(9)A release authorizing the department to obtain any report, document, or other information relating to the claim; and(10)Any additional information which the department deems necessary. Source: SL 1991, ch 201, §11; SL 1997, ch 145, §2; SL 2002, ch 120, §1.
SD Codified L § 23A-28B-12 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 28B - Crime Victims' Compensation Program|Section 23A-28B-12 - Furnishing application forms.

23A-28B-12. Furnishing application forms.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.
SD Codified L § 23A-28B-13 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 28B - Crime Victims' Compensation Program|Section 23A-28B-13 - Documentation required with application--Notice of rejection.

23A-28B-13. Documentation required with application--Notice of rejection.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 application have not been substantiated, it shall notify the applicant in writing of the specific additional documentation required and that the applicant has thirty days from the date of the notice in which to furnish such information to the department. The department shall reject the application of a claimant who fails to file the requested information within the time specified unless the applicant requests, and the department grants, an extension of time in which to furnish such information. Source: SL 1991, ch 201, §13.
SD Codified L § 23A-28B-14 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 28B - Crime Victims' Compensation Program|Section 23A-28B-14 - Amended application--Additional material.

23A-28B-14. Amended application--Additional material.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 considered to have been filed at the same time as the original application. Source: SL 1991, ch 201, §14.
SD Codified L § 23A-28B-15 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 28B - Crime Victims' Compensation Program|Section 23A-28B-15 - Application for compensation on behalf of minor or incompetent.

23A-28B-15. Application for compensation on behalf of minor or incompetent.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 213, §109; SL 2004, ch 167, §2.
SD Codified L § 23A-28B-16 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 28B - Crime Victims' Compensation Program|Section 23A-28B-16 - State and local agencies to provide information to Department of Social Services.

23A-28B-16. State and local agencies to provide information to Department of Social Services.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 of compensation under this chapter. If requested by the department, an agency shall also make available all reports, files and other appropriate information to assist the department in making an eligibility decision. Source: SL 1991, ch 201, §16.
SD Codified L § 23A-28B-17 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 28B - Crime Victims' Compensation Program|Section 23A-28B-17 - Subpoenas authorized for investigation of eligibility.

23A-28B-17. Subpoenas authorized for investigation of eligibility.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 by chapter 21-34. Source: SL 1991, ch 201, §17.
SD Codified L § 23A-28B-18 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 28B - Crime Victims' Compensation Program|Section 23A-28B-18 - Circumstances permitting compensation.

23A-28B-18. Circumstances permitting compensation.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 such injury or death; and(3)In the event of death of the victim, for the benefit of one or more dependents of the victim. If two or more such dependents are entitled to an award of compensation, the award shall be apportioned by the department among the dependents in a manner which the department determines to be fair and equitable. Source: SL 1991, ch 201, §18.
SD Codified L § 23A-28B-19 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 28B - Crime Victims' Compensation Program|Section 23A-28B-19 - Compensation for economic losses due to personal injury or death.

23A-28B-19. Compensation for economic losses due to personal injury or death.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 in §23A-28B-1. Source: SL 1991, ch 201, §19.
SD Codified L § 23A-28B-20 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 28B - Crime Victims' Compensation Program|Section 23A-28B-20 - Calculating compensation--Standard.

23A-28B-20. Calculating compensation--Standard.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 laws of this state and the United States and availability of funds under this chapter. Standards for compensation shall be established by rules promulgated by the department pursuant to chapter 1-26. Loss of earnings, loss of future earnings, and loss of support shall be determined on the basis of the victim's average monthly earnings for the six months immediately preceding the date of injury, or the monthly minimum wage as of the date of the crime underlying the claim, whichever is less. The monthly minimum wage shall be based upon the federal hourly minimum wage in effect as of the date of the crime multiplied by 173.2 hours per month. Source: SL 1991, ch 201, §20; SL 1997, ch 145, §3.
SD Codified L § 23A-28B-21 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 28B - Crime Victims' Compensation Program|Section 23A-28B-21 - Limit of compensation.

23A-28B-21. Limit of compensation.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.
SD Codified L § 23A-28B-22 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 28B - Crime Victims' Compensation Program|Section 23A-28B-22 - Compensation reduced by amount of collateral payment.

23A-28B-22. Compensation reduced by amount of collateral payment.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 section, the term, collateral source, means a source of income or other benefits or advantages for economic loss which is otherwise compensable under the provisions of this chapter and which the victim or claimant has received, or which is readily available from:(1)The offender or any third party who is liable for the offender's conduct;(2)The government of the United States or any agency thereof, a state or any of its political subdivisions, or an instrumentality of two or more states, unless the law providing for such benefits mandates that they be excess or secondary to benefits available under this chapter;(3)Social security, medicare, and medicaid;(4)Temporary nonoccupational disability insurance;(5)Workers compensation;(6)Any wage continuation program of an employer;(7)Any proceeds of a contract of insurance payable to the victim for economic loss sustained as a result of the crime; or(8)Any contract providing prepaid hospital or other health care services or benefits for disability. Source: SL 1991, ch 201, §22.
SD Codified L § 23A-28B-23 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 28B - Crime Victims' Compensation Program|Section 23A-28B-23 - Conviction of person for criminal conduct not required for award of compensation.

23A-28B-23. Conviction of person for criminal conduct not required for award of compensation.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, unless an application for rehearing, an appeal of the conviction or a petition for certiorari is pending, or a rehearing or new trial has been ordered. The department may suspend proceedings under this chapter for any period it deems appropriate on the grounds that a prosecution for the conduct giving rise to a claim has been commenced or is imminent. Source: SL 1991, ch 201, §23.
SD Codified L § 23A-28B-24 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 28B - Crime Victims' Compensation Program|Section 23A-28B-24 - Payment of compensation--Lump sum--Exception for protracted disability--Award not subject to process.

23A-28B-24. Payment of compensation--Lump sum--Exception for protracted disability--Award not subject to process.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 is the basis for that portion of the award. An award is not subject to execution, attachment, garnishment, or other process. However, an award for compensation toward a related expense is not exempt from a claim by a creditor to the extent that the creditor provided products, services, or accommodations, the costs of which are recognized and included in the award. Source: SL 1991, ch 201, §24.
SD Codified L § 23A-28B-25 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 28B - Crime Victims' Compensation Program|Section 23A-28B-25 - Circumstances not permitting award of compensation.

23A-28B-25. Circumstances not permitting award of compensation.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 officer or agency within five days of its occurrence or, if the crime could not reasonably have been reported within that period, within five days of the date when a report could reasonably have been made. The department may waive the one year application requirement for good cause shown;(2)If the victim:(a)Engaged in conduct which substantially contributed to the infliction of the victim's injury or death or engaged in conduct which the victim should reasonably have foreseen could lead to the injury or death. However, this subsection does not apply to any victim defined in subsections 23A-28B-1(12)(b) and (c) or to any victim of: a sex offense under chapter 22-22; human trafficking under chapter 22-49; domestic abuse under §25-10-1; child abuse, neglect, or exploitation under §26-8A-2; or abuse, neglect, or exploitation of an elder or an adult with a disability under chapter 22-46;(b)Committed or otherwise participated in a crime which caused or contributed to the victim's injury or death;(c)Fails or refuses to cooperate fully with any appropriate law enforcement officer or agency or with the department in the administration of this chapter. If a claimant other than a victim fails or refuses to cooperate pursuant to this subsection, no compensation may be awarded to that claimant; or(3)To any claimant, if the award would unjustly benefit an offender or an accomplice. Source: SL 1991, ch 201, §25; SL 2018, ch 145, §§2, 8.
SD Codified L § 23A-28B-26 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 28B - Crime Victims' Compensation Program|Section 23A-28B-26 - Relative or household member of offender eligible for compensation.

23A-28B-26. Relative or household member of offender eligible for compensation.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.
SD Codified L § 23A-28B-27 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 28B - Crime Victims' Compensation Program|Section 23A-28B-27 - Emergency award of compensation--Amount--Excess amount repaid.

23A-28B-27. Emergency award of compensation--Amount--Excess amount repaid.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 claimant's immediate and verifiable needs as a result of loss of income or support, upon emergency medical treatment expenses or upon funeral and burial expenses. The amount of an emergency award may not exceed one thousand dollars. Any emergency award granted pursuant to this section shall be deducted from any final compensation award made to the claimant. Any excess of the amount of any emergency award over the amount of the final award, or the full amount of any emergency award if no final award is made, shall be repaid by the claimant to the department for reimbursement to the fund. Source: SL 1991, ch 201, §27.
SD Codified L § 23A-28B-28 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 28B - Crime Victims' Compensation Program|Section 23A-28B-28 - Department recommendation or order upon review and investigation of application--Notice.

23A-28B-28. Department recommendation or order upon review and investigation of application--Notice.The department shall receive, review, and investigate, any application for victims' compensation which has been properly filed. Following such review and investigation the department shall issue an order pursuant to §23A-28B-31. The department shall file any such order with the commission and shall serve notice of such by mailing a copy to the claimant. Source: SL 1991, ch 201, §28; SL 1998, ch 150, §2.
SD Codified L § 23A-28B-30 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 28B - Crime Victims' Compensation Program|Section 23A-28B-30 - Fees and mileage allowance for witness in compensation hearing.

23A-28B-30. Fees and mileage allowance for witness in compensation hearing.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.
SD Codified L § 23A-28B-31 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 28B - Crime Victims' Compensation Program|Section 23A-28B-31 - Order entered on all claims submitted under chapter--Content.

23A-28B-31. Order entered on all claims submitted under chapter--Content.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 is payable;(4)A notice that the claimant may request commission review of the order in accordance with §23A-28B-32; and(5)Any other information which the department deems necessary. Source: SL 1991, ch 201, §31; SL 1998, ch 150, §4; SL 2004, ch 167, §3.
SD Codified L § 23A-28B-32 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 28B - Crime Victims' Compensation Program|Section 23A-28B-32 - Request for review of department order--Hearing.

23A-28B-32. Request for review of department order--Hearing.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 receipt of a request for review, the commission shall treat the department order as a recommendation by the department and shall hold a hearing to decide the claim. The hearing shall be held upon at least thirty days notice to the claimant and any other interested persons. The commission shall consider the order of the department and any objections to the order by the claimant. In addition, the commission may subpoena persons or documents, administer oaths or affirmations, and receive any additional relevant evidence which the commission deems necessary to decide the compensability of the claim. Based upon evidence presented at the hearing, the commission may adopt, modify, or reject the order of the department. A record of all proceedings at the hearing shall be kept. Any hearing held pursuant to this section may not be deemed a contested case hearing and the provisions of §§1-26-16 to 1-26-37, inclusive, governing contested cases and appeals therefrom do not apply. However, the commission shall adopt procedural rules pursuant to chapter 1-26 governing hearings held pursuant to this section. If no request for review is received within fifteen days, the department order shall become final with no further action by the commission and compensation shall be paid in accordance therewith. Source: SL 1991, ch 201, §32; SL 1998, ch 150, §5.
SD Codified L § 23A-28B-32.1 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 28B - Crime Victims' Compensation Program|Section 23A-28B-32.1 - Department permitted to amend commission order.

23A-28B-32.1. Department permitted to amend commission order.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 percent of the total amount authorized by the commission. The department may not award compensation for the claim if the commission denied compensation. Source: SL 1998, ch 150, §6.