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 this chapter shall be given by the attorney general, if he contends such contract is within the purview of this chapter, to any accused or convicted person who is a party in interest to the contract and to all other persons known to have any interest in the contract. Within thirty days after service of notice, any accused or convicted person claiming the right to possession of such moneys or other personal property under the contract may make application to any circuit court for permission to show cause why said moneys or other personal property should not be paid over to the attorney general and placed in escrow under the terms of this chapter. Any show cause proceedings shall be set for hearing on a day not more than thirty days therefrom; at the hearing any accused person, convicted person, or party in interest who has made application may show by competent evidence that the money or personal property is not subject to being escrowed under the terms of this chapter. If the court finds that the moneys and personal property are not subject to the escrow provisions under this chapter, the court shall order that the escrow provisions of this chapter do not apply; and the court shall order the escrowing of the moneys if it determines that such moneys and personal property are subject to the escrow provisions of this chapter. The procedure governing any proceedings, except as herein provided, shall be conducted pursuant to Title 15.
Source: SL 1982, ch 184, §1A.
Structure South Dakota Codified Laws
Title 23A - Criminal Procedure
Chapter 28A - Profits From Crime--Restitution
Section 23A-28A-3 - Escrow account for benefit of victim--Civil action by victim.
Section 23A-28A-4 - Notices of escrow moneys held by attorney general.
Section 23A-28A-7 - Acquittal of accused person--Payment of escrowed moneys.
Section 23A-28A-8 - No actions brought against escrowed moneys--Payment to convicted person.
Section 23A-28A-9 - Person not guilty as result of mental illness deemed convicted person.
Section 23A-28A-11 - Commencement of five-year period for bringing action.
Section 23A-28A-12 - Charges and costs of attorney general deducted from escrow account.
Section 23A-28A-13 - Legal representation of accused or convicted person--Use of escrowed moneys.
Section 23A-28A-14 - Acts by accused or convicted person to defeat purpose of chapter void.