reglab/housing_qa huggingface dataset:
SD Codified L § 23A-28-8 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 28 - Restitution To Victims Of Crime|Section 23A-28-8 - Failure to comply as violation of conditions of probation--Modification of plan by court--Contempt.

23A-28-8. Failure to comply as violation of conditions of probation--Modification of plan by court--Contempt.Failure of the defendant to comply with §23A-28-3 or to comply with the plan of restitution as approved or modified by the court constitutes a violation of the conditions of probation. Without limitation, the court may modify the plan of restitution or extend the period of time for restitution, regardless of whether the defendant is no longer on probation. If the defendant fails to make payment as ordered by the court, the defendant may be held in contempt of the court's order. Source: SL 1978, ch 177, §4; SDCL Supp, §23-48A-6; SL 1978, ch 178, §360; SL 2001, ch 121, §1.
SD Codified L § 23A-28-9 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 28 - Restitution To Victims Of Crime|Section 23A-28-9 - Civil remedies of victims unimpaired--Restitution payments set off.

23A-28-9. Civil remedies of victims unimpaired--Restitution payments set off.Proceedings under this chapter do not limit or impair the rights of victims to sue and recover damages from the defendant in a civil action. However, any restitution payment by the defendant to a victim shall be set off against any judgment in favor of the victim in a civil action arising out of the same facts or event. Source: SL 1978, ch 178, §361; SL 1986, ch 196, §4.
SD Codified L § 23A-28-11 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 28 - Restitution To Victims Of Crime|Section 23A-28-11 - Community service restitution--Plan preparation, approval and modification--Recipients exempt from providing reemployment assistance and workers' compensation insurance and certain civil liability.

23A-28-11. Community service restitution--Plan preparation, approval and modification--Recipients exempt from providing reemployment assistance and workers' compensation insurance and certain civil liability.If the sentencing court orders suspended imposition of sentence, suspended sentence, or probation, the court may require as a condition that the defendant, in cooperation with the court services officer assigned to the defendant, promptly prepare a plan of community service restitution, including the number of work hours to be performed, where the community service work is to be performed, and the time necessary for completion of the community service work. The plan of community service restitution shall be submitted promptly to the court. The court may enter an order approving the plan or modifying it. Any defendant sentenced to community service restitution is not an agent or employee of the recipients of these services. Any recipient of community service restitution, described in subdivision §23A-28-2(1), does not have to provide the defendant with reemployment assistance insurance pursuant to Title 61 nor with workers' compensation insurance pursuant to Title 62. Recipients and their officers, agents, and employees are immune from any cause of action for civil damages brought by the defendant or any third party if the cause of action arises from any act of commission or omission by the recipient or any of its officers, agents, or employees or any act of commission or omission by the defendant and the acts arise out of or are in connection with a community service restitution plan, except when the cause of action is the result of gross negligence or willful and wanton misconduct of the recipient or its officers, agents, or employees and except to the extent that the recipient has purchased liability insurance. Nothing in this section relieves individual defendants from responsibility for their individual acts. Source: SL 1981, ch 191, §2; SL 1986, ch 197; SL 2019, ch 216, §28.
SD Codified L § 23A-28-12 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 28 - Restitution To Victims Of Crime|Section 23A-28-12 - Minor victim's medical, psychological or psychiatric treatment or foster care--Sentence requiring payment.

23A-28-12. Minor victim's medical, psychological or psychiatric treatment or foster care--Sentence requiring payment.Anyone convicted under subdivision 22-22-1(1) or (5), §22-22-7, subdivision 22-49-2(2), §22-22-24.3, or §26-10-1 shall be required as part of the sentence imposed by the court to pay all or part of the cost of any necessary medical, psychological, or psychiatric treatment, or foster care of the minor resulting from the act or acts for which the defendant is convicted. Source: SL 1984, ch 182; SL 1996, ch 155; SL 1997, ch 143, §3; SL 2020, ch 89, § 7.
SD Codified L § 23A-28-13 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 28 - Restitution To Victims Of Crime|Section 23A-28-13 - Unlawful taking of money from store or mercantile establishment.

23A-28-13. Unlawful taking of money from store or mercantile establishment.Any adult or emancipated minor as defined in §25-5-24 or the parents or guardian of any unemancipated minor, or any employee of any store or mercantile establishment who takes possession of any money belonging to the store or other mercantile establishment without the consent of the owner and with the intention of converting the money to the person's own use is liable to the owner for the amount taken. In addition, the merchant is entitled to the amount of money taken, or fifty dollars, whichever is greater, and attorney fees and costs. Source: SL 1994, ch 179, §2.
SD Codified L § 23A-28-14 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 28 - Restitution To Victims Of Crime|Section 23A-28-14 - Release of certain information to victims of delinquent act of juvenile.

23A-28-14. Release of certain information to victims of delinquent act of juvenile.Upon written request of the victim of any act of juvenile delinquency, the prosecuting attorney shall provide the name and address of any child adjudicated to have committed the delinquent act and the name and address of the child's parents, guardian, or custodian.The term, victim, means a person who is defined as a victim in subdivision 22-1-2(53) or in §23A-28C-4, or, if the victim is a child, the victim's parents, guardian, or custodian.Upon further written application and demonstration of need, the court may, in its discretion, order specified additional information to be disclosed to the victim. Source: SL 1995, ch 136.
SD Codified L § 23A-28A-1 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 28A - Profits From Crime--Restitution|Section 23A-28A-1 - Contracts with accused or convicted persons for publications regarding crime--Attorney general to receive copy of contract and moneys owed.

23A-28A-1. Contracts with accused or convicted persons for publications regarding crime--Attorney general to receive copy of contract and moneys owed.Every person, firm, corporation, limited liability company, partnership, association, or other legal entity contracting with any person or the representative or assignee of any person, accused or convicted of a crime in this state, with respect to the reenactment of such crime, by way of any movie, book, magazine article, tape recording, phonograph record, radio, or television presentation, live entertainment of any kind, or from the expression by the accused or convicted person's thoughts, feelings, opinion, or motions regarding such crime, shall submit a copy of such contract to the attorney general and pay over to the attorney general any moneys or other personal property which would otherwise, by terms of such contract, be owing to the person so accused or convicted, the person's representatives or assignees. Source: SL 1982, ch 184, §1; SL 1994, ch 351, §43.
SD Codified L § 23A-28A-2 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 28A - Profits From Crime--Restitution|Section 23A-28A-2 - Attorney general's proceedings under escrow provisions--Notice to accused or convicted person--Application by accused or convicted person for hearing--Orders by court.

23A-28A-2. Attorney general's proceedings under escrow provisions--Notice to accused or convicted person--Application by accused or convicted person for hearing--Orders by court.When any contract described in §23A-28A-1 is submitted to the attorney general or the attorney general receives information of the existence of such a contract, notice of intent to proceed under the provisions of this chapter shall be given by the attorney general, if he contends such contract is within the purview of this chapter, to any accused or convicted person who is a party in interest to the contract and to all other persons known to have any interest in the contract. Within thirty days after service of notice, any accused or convicted person claiming the right to possession of such moneys or other personal property under the contract may make application to any circuit court for permission to show cause why said moneys or other personal property should not be paid over to the attorney general and placed in escrow under the terms of this chapter. Any show cause proceedings shall be set for hearing on a day not more than thirty days therefrom; at the hearing any accused person, convicted person, or party in interest who has made application may show by competent evidence that the money or personal property is not subject to being escrowed under the terms of this chapter. If the court finds that the moneys and personal property are not subject to the escrow provisions under this chapter, the court shall order that the escrow provisions of this chapter do not apply; and the court shall order the escrowing of the moneys if it determines that such moneys and personal property are subject to the escrow provisions of this chapter. The procedure governing any proceedings, except as herein provided, shall be conducted pursuant to Title 15. Source: SL 1982, ch 184, §1A.
SD Codified L § 23A-28A-3 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 28A - Profits From Crime--Restitution|Section 23A-28A-3 - Escrow account for benefit of victim--Civil action by victim.

23A-28A-3. Escrow account for benefit of victim--Civil action by victim.The attorney general shall deposit such moneys in an escrow account and shall escrow such personal property in an appropriate manner for the benefit of and payable to any victim or legal representative of any victim of crimes committed by such convicted person, or by such accused person, but only if such accused person is eventually convicted of the crime and provided that such victim, within five years of the date of the establishment of such escrow account, brings a civil action in a court of competent jurisdiction and recovers a money judgment for damages against such person or his representatives. Source: SL 1982, ch 184, §2.
SD Codified L § 23A-28A-4 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 28A - Profits From Crime--Restitution|Section 23A-28A-4 - Notices of escrow moneys held by attorney general.

23A-28A-4. Notices of escrow moneys held by attorney general.The attorney general, at least once every year for five years from the date he received such moneys or other properties, shall cause to have published a legal notice in newspapers of general circulation in the county wherein the crime was committed advising victims that escrow moneys or other property are now available to satisfy money judgments pursuant to this chapter. The attorney general may, in his discretion, provide for such additional notice as he deems necessary. Source: SL 1982, ch 184, §3.
SD Codified L § 23A-28A-5 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 28A - Profits From Crime--Restitution|Section 23A-28A-5 - Failure of victim to bring civil action--Action by governmental entity for costs of prosecution and imprisonment.

23A-28A-5. Failure of victim to bring civil action--Action by governmental entity for costs of prosecution and imprisonment.If a victim or legal representative of any victim of crimes committed by such convicted person fails to bring a civil action after four years from the date of legal publication, any governmental entity incurring the cost of prosecuting and convicting the accused, or incurring the cost of the convicted person's imprisonment has one year in which to bring a civil action in a court of competent jurisdiction and recover money judgment for damages against such person or his representatives, to be paid or satisfied from the escrow account. Source: SL 1982, ch 184, §4.
SD Codified L § 23A-28A-6 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 28A - Profits From Crime--Restitution|Section 23A-28A-6 - Reimbursement of governmental entities for costs of prosecution and imprisonment--Crediting of proceeds.

23A-28A-6. Reimbursement of governmental entities for costs of prosecution and imprisonment--Crediting of proceeds.Moneys or personal property obtained by governmental entities pursuant to this chapter shall be reimbursement for actual costs of prosecution and imprisonment and shall be reimbursed to the agency account from which funds were originally expended. Source: SL 1982, ch 184, §13.
SD Codified L § 23A-28A-7 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 28A - Profits From Crime--Restitution|Section 23A-28A-7 - Acquittal of accused person--Payment of escrowed moneys.

23A-28A-7. Acquittal of accused person--Payment of escrowed moneys.Upon dismissal of charges or acquittal of any accused person the attorney general shall immediately pay over or satisfy to such accused person the moneys or other property in the escrow account established on behalf of such accused person. Source: SL 1982, ch 184, §5.
SD Codified L § 23A-28A-8 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 28A - Profits From Crime--Restitution|Section 23A-28A-8 - No actions brought against escrowed moneys--Payment to convicted person.

23A-28A-8. No actions brought against escrowed moneys--Payment to convicted person.Upon a showing by any convicted person that five years have lapsed from the establishment of such escrow account and further that no actions are pending against such convicted person pursuant to this chapter, the attorney general shall immediately pay over or satisfy any moneys or other property in the escrow account to such person or his legal representatives. Source: SL 1982, ch 184, §6.
SD Codified L § 23A-28A-9 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 28A - Profits From Crime--Restitution|Section 23A-28A-9 - Person not guilty as result of mental illness deemed convicted person.

23A-28A-9. Person not guilty as result of mental illness deemed convicted person.For purposes of this chapter, a person determined to be not guilty as a result of the defense of mental illness or defect pursuant to chapter 23A-10 of the criminal procedure laws shall be deemed to be a convicted person. Source: SL 1982, ch 184, §7.
SD Codified L § 23A-28A-10 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 28A - Profits From Crime--Restitution|Section 23A-28A-10 - Person unfit for trial as result of mental illness--Action by attorney general to determine disposition of escrow account.

23A-28A-10. Person unfit for trial as result of mental illness--Action by attorney general to determine disposition of escrow account.If it is found pursuant to chapter 23A-10A, that a person accused of a crime is unfit to proceed as a result of mental illness or defect because such person lacks the capacity to understand the proceedings against him or to assist in his own defense, the attorney general shall bring an action under the civil procedure laws and rules of this state to determine the disposition of the escrow account. Source: SL 1982, ch 184, §8.
SD Codified L § 23A-28A-11 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 28A - Profits From Crime--Restitution|Section 23A-28A-11 - Commencement of five-year period for bringing action.

23A-28A-11. Commencement of five-year period for bringing action.Notwithstanding any inconsistent provision of the civil procedure laws and rules with respect to the timely bringing of an action, the five-year period provided for in this chapter does not begin to run until an escrow account has been established. Source: SL 1982, ch 184, §9.
SD Codified L § 23A-28A-12 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 28A - Profits From Crime--Restitution|Section 23A-28A-12 - Charges and costs of attorney general deducted from escrow account.

23A-28A-12. Charges and costs of attorney general deducted from escrow account.Notwithstanding the foregoing provisions of this chapter, the attorney general may deduct from the escrow account, a sum equal to the service charges for the account and the actual costs of publication incurred by the attorney general prior to any other distribution of moneys or other property. Source: SL 1982, ch 184, §10.
SD Codified L § 23A-28A-13 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 28A - Profits From Crime--Restitution|Section 23A-28A-13 - Legal representation of accused or convicted person--Use of escrowed moneys.

23A-28A-13. Legal representation of accused or convicted person--Use of escrowed moneys.Notwithstanding the foregoing provisions of this chapter, the attorney general shall transfer proceeds from an escrow account to any person accused or convicted of a crime upon the order of a court of competent jurisdiction after a showing by such person that the proceeds shall be used for the exclusive purpose of retaining legal representation at any stage of the proceedings against such person, including the appeals process, after first making adequate provisions to protect the victims of the crime pursuant to §23A-28A-4. Source: SL 1982, ch 184, §11.
SD Codified L § 23A-28A-14 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 28A - Profits From Crime--Restitution|Section 23A-28A-14 - Acts by accused or convicted person to defeat purpose of chapter void.

23A-28A-14. Acts by accused or convicted person to defeat purpose of chapter void.Any action taken by any person accused or convicted of a crime, whether by way of execution of a power of attorney, creation of corporate entities or otherwise, to defeat the purpose of this chapter is void as against the public policy of this state. Source: SL 1982, ch 184, §12.
SD Codified L § 23A-28B-2 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 28B - Crime Victims' Compensation Program|Section 23A-28B-2 - Rights of resident victim of out-of-state crime.

23A-28B-2. Rights of resident victim of out-of-state crime.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 the state, territory, country, or political subdivision of a country in which the crime occurred does not have a crime victims' compensation law which covers the injury or death suffered by the resident. Source: SL 1991, ch 201, §2.
SD Codified L § 23A-28B-3 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 28B - Crime Victims' Compensation Program|Section 23A-28B-3 - Crime Victims' Compensation Commission--Apportionment of members.

23A-28B-3. Crime Victims' Compensation Commission--Apportionment of members.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 a law enforcement agency which has among its primary duties the investigation of violent crimes;(2)One member shall be a physician or a person who, in the opinion of the Governor, has experience or knowledge in the processing and evaluation of medical claims; and(3)One member shall be a person with experience in providing victim assistance services, either through employment with a governmental agency which provides such services or as an officer, employee, or volunteer of a nonprofit, charitable crime victims' organization established pursuant to the laws of this state.One member of the commission shall be appointed by the Chief Justice of the state Supreme Court. One member of the commission shall be appointed by the attorney general. Source: SL 1991, ch 201, §3; SL 2011, ch 74, §6.
SD Codified L § 23A-28B-4 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 28B - Crime Victims' Compensation Program|Section 23A-28B-4 - Duties of commission.

23A-28B-4. Duties of commission.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 obtaining compensation pursuant to the provisions of this chapter; and(4)Assist the department in developing, implementing, and evaluating effective crime victim compensation policies and procedures. Source: SL 1991, ch 201, §4; SL 1998, ch 150, §1.
SD Codified L § 23A-28B-5 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 28B - Crime Victims' Compensation Program|Section 23A-28B-5 - Membership of commission--Terms of office--Vacancies.

23A-28B-5. Membership of commission--Terms of office--Vacancies.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 Governor for two years, one member shall be appointed by the Governor for three years, one member shall be appointed by the Chief Justice of the Supreme Court for two years, and one member shall be appointed by the attorney general for three years.Any vacancy arising from other than natural expiration of a term shall be filled for the remainder of the unexpired term only. Such appointee shall meet the qualifications prescribed by law for the vacated position. Any appointment to the commission becomes effective on the thirty-first day of October, unless an appointment is for an unexpired term. The appointee's term shall expire on October thirtieth in the third year of appointment. Any member may be removed by the Governor for cause. If any member is removed by the Governor for cause, the officer who appointed the member shall appoint the replacement. A chair of the commission shall be chosen annually from the membership of the commission by a majority of the members. Source: SL 1991, ch 201, §5; SL 2004, ch 167, §1; SL 2012, ch 16, §10.
SD Codified L § 23A-28B-6 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 28B - Crime Victims' Compensation Program|Section 23A-28B-6 - Administration of commission.

23A-28B-6. Administration of commission.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 vested in it and shall exercise those functions independently of the secretary of the department. Source: SL 1991, ch 201, §6.