reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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 requirements of §23A-12-9 are met, the victim and one of the victim's immediate family that the preliminary hearing or deposition testimony of the victim may be video recorded; and
(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; SL 2022, ch 72, §3.
2023 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.
2023 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.
2023 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.
2023 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.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 28C - Crime Victims' Act › Section 23A-28C-13 - Victim request for notification.

23A-28C-13. Victim request for notification.
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 positioning system, or a community transition program; or
(3)The offender on parole absconds supervision.
Source:
SL 2014, ch 116, §5; SL 2017, ch 107, §5.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 28C - Crime Victims' Act › Section 23A-28C-14 - Request for notification by parent or guardian.

23A-28C-14. Request for notification by parent or guardian.
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.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 28C - Crime Victims' Act › Section 23A-28C-15 - Sharing of information by interagency multidisciplinary teams.

23A-28C-15. Sharing of information by interagency multidisciplinary teams.
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 information regarding a victim that a team member shares with other team members shall remain confidential, pursuant to this title and if the victim is a child, pursuant to §26-8A-13. A team shall consist of law enforcement personnel, a representative of the prosecuting attorney's office, licensed or certified medical professionals, and any victim advocate. Any interagency multidisciplinary team formed to investigate crimes involving child victims shall also include child advocacy center staff where such staff is available in the region, Department of Social Services child protection staff, and licensed or certified mental health professionals. The team may include additional members at the discretion of the team if the additional member would benefit the victim. Each multidisciplinary team shall have written procedures and guidelines. Multidisciplinary team members shall annually sign a memorandum of understanding acknowledging the procedure and guidelines. The memorandum of understanding shall also include an information sharing and confidentiality agreement, approved by the attorney general, assuring compliance with title 23A. The multidisciplinary team shall file a list of team members and the memorandums of understanding with the Office of the Attorney General and the Department of Social Services as required by §26-8A-17.
Source:
SL 2018, ch 146, §3.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 28C - Crime Victims' Act › Section 23A-28C-16 - Office of Liaison for Missing and Murdered Indigenous Persons established--Duties--Budget.

23A-28C-16. Office of Liaison for Missing and Murdered Indigenous Persons established--Duties--Budget.
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-time missing person specialist, pursue federal funding for the MMIP, provide guidance to the MMIP, and coordinate the functions of the MMIP with the United States Attorney's Office, the United States Department of Justice, state law enforcement agencies, and tribal law enforcement agencies. All agencies within the state shall cooperate with the Office of the Attorney General in order to establish the MMIP, undergo any required training, and report to the MMIP as required. This office shall be budgeted through the normal budget process.
Source:
SL 2021, ch 110, § 1.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 29 - (Rule 33) New Trial › Section 23A-29-1 - Time for motion for new trial--Rulings thereon--Extension of time.

23A-29-1. Time for motion for new trial--Rulings thereon--Extension of time.
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; SDCL, §§23-50-3, 23-50-4; SL 1978, ch 178, §377; SL 1987, ch 411 (Supreme Court Rule 86-37); SL 1988, ch 433 (Supreme Court Rule 87-14).
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 29 - (Rule 33) New Trial › Section 23A-29-2 - Effect of grant of new trial--Evidence received.

23A-29-2. Effect of grant of new trial--Evidence received.
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; SL 1978, ch 178, §380.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 30 - (Rule 34) Arrest Of Judgment › Section 23A-30-1 - (Rule 34) Grounds for arrest of judgment--Time for motion.

23A-30-1.(Rule 34) Grounds for arrest of judgment--Time for motion.
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 or after a plea of guilty or nolo contendere, or within such further time as the court may fix during the ten-day period.
Source:
Supreme Court Rule 409, 1939; SDC 1939 & Supp 1960, §34.3677; SDCL, §23-47-1; SL 1978, ch 178, §381.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 30 - (Rule 34) Arrest Of Judgment › Section 23A-30-2 - Effect of arrest of judgment.

23A-30-2. Effect of arrest of judgment.
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.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 30 - (Rule 34) Arrest Of Judgment › Section 23A-30-3 - Recommitment or admission to bail after arrest of judgment--Discharge if evidence insufficient.

23A-30-3. Recommitment or admission to bail after arrest of judgment--Discharge if evidence insufficient.
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 anew to answer the new indictment or information. If there is probable cause to believe him guilty of another offense, he must be committed or held thereon. If no evidence appears sufficient to charge him with any offense, he must, if in custody, be discharged or, if admitted to bail, have his bail exonerated.
Source:
SDC 1939 & Supp 1960, §34.3678; SDCL, §23-47-4; SL 1978, ch 178, §383.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 31 - Correction Of Proceedings › Section 23A-31-1 - (Rule 35) Correction or reduction of sentence--Time permitted--Post-conviction remedies unimpaired.

23A-31-1.(Rule 35) Correction or reduction of sentence--Time permitted--Post-conviction remedies unimpaired.
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 hundred twenty days after receipt by the court of a remittitur issued upon affirmance of the judgment or dismissal of the appeal; or
(3)Within one hundred twenty days after entry of any order or judgment of the Supreme Court denying review of, or having the effect of upholding, a judgment of conviction;
whichever is later. A court may also reduce a sentence upon revocation of probation or suspension of sentence as provided by law. The remedies provided by this section are not a substitute for nor do they affect any remedies incident to post-conviction proceedings.
Source:
SL 1978, ch 178, §384; SL 2005, ch 127, §2.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 31 - Correction Of Proceedings › Section 23A-31-2 - (Rule 36) Correction of clerical mistakes.

23A-31-2.(Rule 36) Correction of clerical mistakes.
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.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 31 - Correction Of Proceedings › Section 23A-31-3 - Reduction of sentence for substantial assistance in investigating or prosecuting another.

23A-31-3. Reduction of sentence for substantial assistance in investigating or prosecuting another.
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 reducing the sentence to a level below the minimum sentence provided in statute.
Source:
SL 2009, ch 125, §1.