reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 27A - Capital Punishment › Section 23A-27A-34 - Attendance at execution by attorney general, sentencing judge, state's attorney, sheriff, representatives of victim, news media, and additional citizens approved by secretary of corrections.

23A-27A-34. Attendance at execution by attorney general, sentencing judge, state's attorney, sheriff, representatives of victim, news media, and additional citizens approved by secretary of corrections.
The secretary of corrections shall request, by at least two days' previous notice, the presence of the attorney general, the trial judge before whom the conviction was had or the judge's successor in office, the state's attorney and sheriff of the county where the crime was committed, representatives of the victim, at least one member of the news media, and a number of reputable adult citizens to be determined by the secretary. All witnesses and persons present at an execution are subject to approval by the secretary.
Source: SL 1939, ch 135, §13; SL 1939, ch 136; SDC Supp 1960, §34.37A13; SDCL §23-49-22; SL 1979, ch 160, §36; SL 2007, ch 152, §1; SL 2008, ch 117, §27; SL 2023, ch 82, §43.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 27A - Capital Punishment › Section 23A-27A-34.1 - Attendance at execution by person trained to pronounce death, corrections staff, and law enforcement officers.

23A-27A-34.1. Attendance at execution by person trained to pronounce death, corrections staff, and law enforcement officers.
The secretary of corrections or a designee of the secretary shall arrange for the attendance of a person trained to examine the defendant and pronounce death and for the attendance of such correctional facility staff, Department of Corrections staff, and law enforcement officers as deemed necessary to perform the execution and maintain security.
Source: SL 2008, ch 117, §29; SL 2023, ch 82, §44.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 27A - Capital Punishment › Section 23A-27A-34.2 - Witnesses permitted to defendant at execution.

23A-27A-34.2. Witnesses permitted to defendant at execution.
The defendant is permitted to have up to five witnesses present at the execution. Witnesses for the defendant may include counsel, members of the clergy, relatives, or friends.
Source:
SL 2008, ch 117, §30.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 27A - Capital Punishment › Section 23A-27A-36 - Other persons not permitted to attend.

23A-27A-36. Other persons not permitted to attend.
The warden may not permit any person to be present at the execution other than those designated in §§23A-27A-32, 23A-27A-34, 23A-27A-34.1, and 23A-27A-34.2 and may not permit the presence of any person under the age of eighteen years.
Source:
SL 1939, ch 135, §13; SL 1939, ch 136; SDC Supp 1960, §34.37A13; SDCL §23-49-24; SL 1979, ch 160, §38; SL 2008, ch 117, §31.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 27A - Capital Punishment › Section 23A-27A-37 - Secrecy of execution time--Disclosure as misdemeanor.

23A-27A-37. Secrecy of execution time--Disclosure as misdemeanor.
Prior to the announcement required in §23A-27A-17, the scheduled day and time fixed by the warden for the execution shall be kept secret and in no manner divulged except privately to the persons invited or requested to be present as provided by §§23A-27A-32, 23A-27A-34, 23A-27A-34.1, and 23A-27A-34.2. It is a Class 2 misdemeanor for any person to divulge such invitation to anyone or in any manner disclose the scheduled day and time of the execution prior to the announcement required in §23A-27A-17.
Source:
SL 1939, ch 135, §13; SL 1939, ch 136; SDC Supp 1960, §34.37A13; SDCL §23-49-25; SL 1979, ch 160, §39; SL 2008, ch 117, §32.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 27A - Capital Punishment › Section 23A-27A-37.2 - Postmortem examination by county coroner.

23A-27A-37.2. Postmortem examination by county coroner.
After the execution, the county coroner shall conduct a postmortem examination of the body of the defendant. The county coroner shall report in writing the result of the examination, stating the nature thereof and the finding made. The report shall be annexed to the certificate of execution mentioned in §23A-27A-40.1 and filed therewith.
Source:
SL 2008, ch 117, §35.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 27A - Capital Punishment › Section 23A-27A-37.3 - Autopsy.

23A-27A-37.3. Autopsy.
Following the death of the defendant by execution, the body may be subject to an autopsy pursuant to §24-1-27 and chapter 23-14. Any final autopsy report shall be annexed to and filed with the certificate of execution mentioned in §23A-27A-40.1.
Source:
SL 2008, ch 117, §36.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 27A - Capital Punishment › Section 23A-27A-39 - Interment of body unless claimed by relative.

23A-27A-39. Interment of body unless claimed by relative.
After the postmortem examination and any autopsy, the body of the defendant, unless claimed by some relative, shall be interred in a cemetery within the county where the state correctional facility is situated.
Source: SL 1939, ch 135, §13; SL 1939, ch 136; SDC Supp 1960, §34.37A13; SDCL §23-49-27; SL 1979, ch 160, §41; SL 2007, ch 152, §3; SL 2008, ch 117, §37; SL 2023, ch 82, §46.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 27A - Capital Punishment › Section 23A-27A-40.1 - Certificate of execution.

23A-27A-40.1. Certificate of execution.
The warden or corrections official attending and in charge of the execution shall prepare and sign a certificate of execution setting forth the date, time, place, and manner of execution, and that the defendant was executed in conformity to the judgment of the court and the provisions of this chapter. The certificate of execution document shall be signed by each of the witnesses of the execution attending as allowed in §23A-27A-34 and §23A-27A-34.2. The warden or corrections official shall cause the certificate of execution to be filed in the office of the clerk of the sentencing court within ten days after the execution. The original or a certified copy of the death certificate, postmortem examination, and any autopsy report shall be filed with the clerk of the sentencing court within ten days of receipt by the warden or corrections official.
Source:
SL 2008, ch 117, §39.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 27A - Capital Punishment › Section 23A-27A-42 - Death penalty prohibited for defendant younger than eighteen when offense committed.

23A-27A-42. Death penalty prohibited for defendant younger than eighteen when offense committed.
The penalty of death may not be imposed upon any defendant for any offense committed when the defendant was less than eighteen years of age.
Source:
SL 2004, ch 166, §1.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 27A - Capital Punishment › Section 23A-27A-43 - Immunity of persons participating and cooperating in execution.

23A-27A-43. Immunity of persons participating and cooperating in execution.
Any person or party participating in good faith in the execution of an inmate under this chapter is immune from any liability, civil or criminal, that might otherwise be incurred or imposed, and has the same immunity for participation in any judicial proceeding resulting from the execution. Immunity also extends in the same manner to any persons who in good faith cooperate in the execution of an inmate under this chapter.
Source:
SL 2008, ch 117, §40.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 27A - Capital Punishment › Section 23A-27A-44 - Effect of amendment and repeal of sections.

23A-27A-44. Effect of amendment and repeal of sections.
As to any defendant who has been sentenced to death and who is awaiting execution prior to July 1, 2008, the amendment and repeal of existing sections and enactment of new sections in this chapter do not impair or affect any act done, offense committed, or right accruing, accrued, or acquired, or liability, penalty, forfeiture, or punishment incurred prior to July 1, 2008. However, the provisions of existing statute may be asserted, enforced, prosecuted, or inflicted, as fully and to the same extent as if the amendment and repeal of existing sections and enactment of new sections in this chapter had not been subsequently enacted.
Source:
SL 2008, ch 117, §42.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 28 - Restitution To Victims Of Crime › Section 23A-28-1 - Policy of state--Enforcement of order.

23A-28-1. Policy of state--Enforcement of order.
It is the policy of this state that restitution shall be made by each violator of the criminal laws to the victims of the violator's criminal activities to the extent that the violator is reasonably able to do so. An order of restitution may be enforced by the state or a victim named in the order to receive the restitution in the same manner as a judgment in a civil action.
Source:
SL 1978, ch 178, §355; SL 1985, ch 192, §50; SL 1997, ch 143, §1.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 28 - Restitution To Victims Of Crime › Section 23A-28-2 - Definition of terms.

23A-28-2. Definition of terms.
Terms used by this chapter mean:
(1)"Community service restitution," public service work provided under court order that benefits the general public which includes: charitable agencies, governmental agencies, educational institutions, the handicapped, the elderly, the ecology, the church of the offender's choice, and any other agencies that the sentencing judge deems reasonably rehabilitative to the offender. No work service may result in gain to any private individual or to a private corporation;
(2)"Criminal activities," includes any crime for which there is a plea of guilty or verdict of guilty upon which a judgment of conviction may be rendered and any other crime committed after June 30, 1979, which is admitted by the defendant, whether or not prosecuted. However, the term does not include petty offenses;
(3)"Pecuniary damages," all damages which a victim could recover against the defendant in a civil action arising out of the same facts or event, except punitive damages and damages for pain, suffering, mental anguish, and loss of consortium. Without limitation, the term includes damages for wrongful death;
(4)"Restitution," full or partial payment of pecuniary damages to a victim;
(5)"Victim," any person, as defined in subdivision 22-1-2(31), who has suffered pecuniary damages as a result of the defendant's criminal activities, including any person or government agency who has by contract or by statute undertaken to indemnify another or to pay or provide a specified or determinable amount or benefit upon determinable contingencies. Any victim who has suffered pecuniary damages has priority of claim as opposed to any person or government agency who has a claim to indemnity or subrogation as a result of the same defendant's criminal activity.
Source:
SL 1978, ch 177, §1; SDCL Supp, §23-48A-1; SL 1978, ch 178, §354; SL 1979, ch 159, §21; SL 1981, ch 191, §1; SL 1994, ch 157, §5; SL 1995, ch 135; SL 2021, ch 109, § 1.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 28 - Restitution To Victims Of Crime › Section 23A-28-3 - Plan of restitution--Present inability to make restitution--No pecuniary damages suffered--Hearing--Condition of parole.

23A-28-3. Plan of restitution--Present inability to make restitution--No pecuniary damages suffered--Hearing--Condition of parole.
If the sentencing court orders the defendant to the county jail, 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 restitution, including the name and address of each victim, a specific amount of restitution to each victim, and a schedule of restitution payments. If the defendant is presently unable to make any restitution, but there is a reasonable possibility that the defendant may be able to do so at some time during the defendant's probation period, the plan of restitution shall also state the conditions under which or the event after which the defendant will make restitution. If the defendant believes that no person suffered pecuniary damages as a result of the defendant's criminal activities, the defendant shall so state. If the defendant contests the amount of restitution recommended by the court services officer, the defendant is entitled to a hearing at which the court shall determine the amount. If the sentencing court orders the defendant to a state correctional facility and does not suspend the sentence, the court shall set forth in the judgment the names and specific amount of restitution owed each victim. The Department of Corrections shall establish the collection schedule for court-ordered restitution while the defendant is in the state correctional facility and on parole. The Board of Pardons and Paroles shall require, as a condition of parole, that the defendant pay restitution ordered by the court.
Source: SL 1978, ch 177, §2; SDCL Supp, §§23-48A-2, 23-48A-3; SL 1978, ch 178, §356; SL 1985, ch 192, §5; SL 1986, ch 196, §1; SL 1987, ch 179, §1; SL 1997, ch 143, §2; SL 1999, ch 124, §1; SL 2023, ch 82, §47.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 28 - Restitution To Victims Of Crime › Section 23A-28-4 - Submission of restitution plan to court--Approval or modification.

23A-28-4. Submission of restitution plan to court--Approval or modification.
The defendant's plan of restitution and the comments of defendant's court services officer shall be submitted promptly to the court. The court shall promptly enter an order approving the plan or modifying it and providing for restitution payments to the extent that the defendant is or may become reasonably able to make restitution, taking into account the factors enumerated in §23A-28-5. The court thereafter may modify the plan at any time upon the defendant's request or upon the court's own motion.
Source:
SL 1978, ch 177, §5; SDCL Supp, §23-48A-4; SL 1978, ch 178, §357; SL 1982, ch 28, §20.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 28 - Restitution To Victims Of Crime › Section 23A-28-5 - Factors considered in formulating restitution plan.

23A-28-5. Factors considered in formulating restitution plan.
The court services officer when assisting the defendant in preparing the plan of restitution and the court before approving or modifying the plan of restitution shall consider the physical and mental health and condition of the defendant, the defendant's age, the defendant's education, the defendant's employment circumstances, the defendant's potential for employment and vocational training, the defendant's family circumstances, the defendant's financial condition, the number of victims, the pecuniary damages of each victim, what plan of restitution will most effectively aid the rehabilitation of the defendant, and each victim, and such other factors as may be appropriate.
Source:
SL 1978, ch 177, §2; SDCL Supp, §23-48A-3; SL 1978, ch 178, §357; SL 1986, ch 196, §2; SL 1987, ch 179, §2; SL 1999, ch 124, §2.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 28 - Restitution To Victims Of Crime › Section 23A-28-6 - Notice to victims of restitution plan--Civil action against defendant.

23A-28-6. Notice to victims of restitution plan--Civil action against defendant.
The court services officer shall provide each known victim a copy of the court's order approving or modifying the plan of restitution for any defendant not serving his sentence in a state correctional facility. The executive director of the Board of Pardons and Paroles shall provide each known victim a copy of the schedule of restitution for each inmate placed on parole. If the victim is not satisfied with the approved or modified plan of restitution, the victim's exclusive remedy is a civil action against the defendant, which, if successful, may include attorney's fees.
Source: SL 1978, ch 178, §359; SL 1979, ch 159, §2; SL 1986, ch 196, §3; SL 1987, ch 179, §3; SL 1999, ch 124, §3; SL 2023, ch 82, §48.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 28 - Restitution To Victims Of Crime › Section 23A-28-7 - Compliance with restitution plan as condition of probation or suspension--Payments to clerk.

23A-28-7. Compliance with restitution plan as condition of probation or suspension--Payments to clerk.
Compliance with the plan of restitution as approved or modified by the court shall be a condition of the defendant's probation or suspension. Restitution payments shall be made to the office of the clerk unless otherwise ordered by the court.
Source:
SL 1978, ch 177, §2; SDCL Supp, §23-48A-2; SL 1978, ch 178, §357.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.