South Dakota
Victims' Rights Act
As a victim of a crime...
You are entitled to be protected by all of the provisions of the 1991 South
Dakota Victims’ Rights Act and to be notified of your rights by the prosecutor.
However, you must inform your prosecutor if you want to exercise your rights.
Know your Rights To:
Protection from the accused offender.
Have court proceedings explained.
Be notified of and present at all public proceedings, unless otherwise ordered
by the judge.
Provide written input on sentencing, bail or bond hearings and parole hearings.
Restitution from the offender, unless reasons are stated for denying
restitution.
Be notified of the offender's release from custody.
Request testing for certain infectious diseases.
Eligibility Requirements:
If you or a family
member has suffered personal injury as a result of
a
violent crime
trying to stop a person committing a crime
trying to help a law enforcement officer
trying to help a victim of a crime or
witnessing a violent crime
You may file a claim for compensation from the South Dakota Crime Victims’ Compensation Program. However, not all crimes or expenses are covered.
Compensation Program:
Awards of compensation of up to $15,000 may be made from the SD Crime Victims’
Compensation Fund. Compensation is approved by the Department of Social Services
and funded through a court surcharge on criminal offenders.
Compensation is
available only to the extent that funds are generated from the surcharge. No
compensation can be awarded when money is not available, and compensation is
only available for persons who meet the eligibility requirements.
Who Can
Apply:
An innocent victim of a violent crime who has suffered harm.
A family member of a deceased victim.
A person authorized to act on behalf of a victim or a dependent.
Parents or other family members under limited circumstances.
Eligibility
Requirements:
Crime victims are
eligible to apply for compensation whether or not the crime is a tribal, state
or federal crime.
The crime must have occurred on or after July 1, 1992.
The crime must be reported to law enforcement within five days of its occurrence
or when a report could reasonably have been made.
The claim for compensation must be filed within one year of the crime unless
good cause is shown for the delay in filing.
The victim and claimant must reasonably cooperate in the investigation and
prosecution of the incident.
Compensation cannot be paid to a claimant if it would unjustly benefit the
offender or an accomplice.
The victim cannot contribute to the crime or the injury nor have committed a
crime at the time of the incident. Claims may be reduced or denied based upon
contribution/conduct.
Types of
Assistance:
Compensation may be available for expenses incurred as a direct result of the criminal acts of another person if not covered by another source. Examples of expenses covered under the law are: medical care, rehabilitation, funeral expenses, loss of income, counseling, dental expenses, childcare costs and mileage.
No attorney is needed and compensation cannot be paid for attorney’s fees.
There is no filing fee.
Emergency awards of up to $1,000 may be made under extraordinary circumstances.
An award may be made for immediate verifiable needs as a result of loss of
income or support, emergency medical expenses or funeral expenses. Any emergency
award will be deducted from the final award and must be deducted from expenses
already incurred.
Claim Process:
Upon receipt of the application, law enforcement, physicians, service providers, etc. are contacted to verify all information. The Department of Social Services reviews the claim and decides whether the claim is eligible and the amount to be paid. The claimant has the right to appeal the decision to the Crime Victims’ Compensation Commission.
Applying:
You must file
a Crime Victims’ Compensation Application form. Forms are available from the
Department of Social Services.