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 […]
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 […]
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.
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; […]
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 […]
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 […]
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; […]
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 […]
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 […]
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.
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 […]
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.
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 […]
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 […]
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 […]
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 […]
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.
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 […]
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 […]
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.
