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 […]
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 […]
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.
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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.
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.
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 […]
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, […]
