South Dakota - Crime Victims' Rights

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.

Crime Victim Have the Following Rights:

• The right to be treated with fairness and with respect for the victim's dignity and privacy.
• The right to be reasonably protected from the accused offender.
• The right to be notified of court proceedings.
• The right to be present at all public court proceedings related to the offense, unless the court determines that testimony by the victim would be materially affected if the victim heard other testimony at trial.
• The right to confer with attorney for the Government in the case.
• The right to restitution.
• The right to information about the conviction, sentencing, imprisonment, and release of the offender.

South Dakota Crime Victims' Compensation Program

The [link ulrl=http://www.state.sd.us/social/CVC/index.htm]South Dakota Crime Victims' Compensation Program[/link] provides monetary assistance to victims of violent crimes. This program, administered by the Department of Social Services, may pay victims of state, tribal or federal crimes a maximum of $15,000 for certain expenses incurred as a direct result of personal injury or death.

Expenses must be reasonable in amount and may include:

• Medical expenses;
• Mental health counseling expenses;
• Mileage;
• Funeral and burial expenses;
• Loss of earnings or support;
• Dental and prosthetic devices;
• Eyeglasses or corrective lenses;
• Homicide scene cleanup expenses;
• Replacement costs for personal property used as evidence.

Compensation cannot be paid for other property losses, attorney's fees or pain and suffering. In addition, the program is a last resort for payment.

In most cases, payments can only be made if there is no other source of payment including private health insurance for the victim, other public programs, etc. However, there are no income requirements.

Compensation may be paid for expenses for the primary victim as well as limited compensation for certain secondary victims including family members of a homicide victim, the spouse of a rape victim, and parents of a child who has been physically or sexually abused.

Not all victims qualify for assistance. Program staff determine if the victim is eligible for assistance after the victim or claimant has filed an application and the information verified.

For more information about the Crime Victims' Right of Rights contact:

Office of the Attorney General
500 East Capitol Ave.
Pierre, SD 57501-5070
(605) 773-3215

Source: South Dakota Office of the Attorney General