23A-28A-5. Failure of victim to bring civil action--Action by governmental entity for costs of prosecution and imprisonment.
If a victim or legal representative of any victim of crimes committed by such convicted person fails to bring a civil action after four years from the date of legal publication, any governmental entity incurring the cost of prosecuting and convicting the accused, or incurring the cost of the convicted person's imprisonment has one year in which to bring a civil action in a court of competent jurisdiction and recover money judgment for damages against such person or his representatives, to be paid or satisfied from the escrow account.
Source: SL 1982, ch 184, ยง4.
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.