23A-28B-1. Definitions. Terms used in this chapter mean: (1)”Claimant,” any person entitled to apply for compensation pursuant to this chapter; (2)”Commission,” the South Dakota Crime Victims’ Compensation Commission as established by §23A-28B-3; (3)”Crime,” conduct that occurs or is attempted in this state, including that arising from domestic violence, human trafficking, and acts of terrorism, as […]
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.
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 […]
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.
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 […]
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 […]
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 […]
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 […]
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: […]
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; […]
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 […]
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 […]
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 […]
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.
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 […]
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 […]
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 […]
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 […]
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.
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 […]
