23A-28B-11. Application for compensation.
An application for compensation shall be on a form prescribed by the department which sets forth:
(1)The victim's name and address, the claimant's name and address, and the relationship of the claimant to the victim;
(2)If the victim is deceased, the name and address of each dependent of the victim and the extent to which each is dependent;
(3)The date and the nature of the crime underlying the claim;
(4)The law enforcement agency or officer to whom the crime was reported and the date of the report;
(5)The nature and extent of the injuries sustained by the victim, the name and address of any person who gave medical treatment to the victim, and the name and address of any hospital where the victim received medical treatment;
(6)The total amount of economic loss that the victim, a dependent, or the claimant sustained as a result of the crime;
(7)The amount of benefits or advantages that the victim, a dependent, or other claimant has received or may be entitled to receive from any collateral source for economic loss resulting from the crime, including the name of each collateral source;
(8)Whether the claimant is a spouse, parent, child, brother or sister of the offender, or an accomplice of the offender who committed the crime;
(9)A release authorizing the department to obtain any report, document, or other information relating to the claim; and
(10)Any additional information which the department deems necessary.
Source: SL 1991, ch 201, §11; SL 1997, ch 145, §2; SL 2002, ch 120, §1.
Structure South Dakota Codified Laws
Title 23A - Criminal Procedure
Chapter 28B - Crime Victims' Compensation Program
Section 23A-28B-1 - Definitions.
Section 23A-28B-2 - Rights of resident victim of out-of-state crime.
Section 23A-28B-3 - Crime Victims' Compensation Commission--Apportionment of members.
Section 23A-28B-4 - Duties of commission.
Section 23A-28B-5 - Membership of commission--Terms of office--Vacancies.
Section 23A-28B-6 - Administration of commission.
Section 23A-28B-7 - Commission meetings--Quorum.
Section 23A-28B-8 - Compensation and expenses for commission members.
Section 23A-28B-9 - Preponderance of evidence required for receipt of compensation.
Section 23A-28B-10 - No right to compensation--Availability of funds.
Section 23A-28B-11 - Application for compensation.
Section 23A-28B-12 - Furnishing application forms.
Section 23A-28B-13 - Documentation required with application--Notice of rejection.
Section 23A-28B-14 - Amended application--Additional material.
Section 23A-28B-15 - Application for compensation on behalf of minor or incompetent.
Section 23A-28B-17 - Subpoenas authorized for investigation of eligibility.
Section 23A-28B-18 - Circumstances permitting compensation.
Section 23A-28B-19 - Compensation for economic losses due to personal injury or death.
Section 23A-28B-20 - Calculating compensation--Standard.
Section 23A-28B-21 - Limit of compensation.
Section 23A-28B-22 - Compensation reduced by amount of collateral payment.
Section 23A-28B-25 - Circumstances not permitting award of compensation.
Section 23A-28B-26 - Relative or household member of offender eligible for compensation.
Section 23A-28B-27 - Emergency award of compensation--Amount--Excess amount repaid.
Section 23A-28B-30 - Fees and mileage allowance for witness in compensation hearing.
Section 23A-28B-31 - Order entered on all claims submitted under chapter--Content.
Section 23A-28B-32 - Request for review of department order--Hearing.
Section 23A-28B-32.1 - Department permitted to amend commission order.
Section 23A-28B-33 - Promulgation of rules for administration of chapter.
Section 23A-28B-35 - Fraudulent claim prohibited--Violation as misdemeanor or felony.
Section 23A-28B-36 - Confidentiality of records and reports.
Section 23A-28B-37 - Application hearing open to public--Exceptions.
Section 23A-28B-38 - Privileged communications.
Section 23A-28B-40 - Crime victims' compensation fund--Establishment--Purposes.
Section 23A-28B-40.1 - Emergency expenses--Requests for reimbursement.
Section 23A-28B-41 - Payments from fund--Warrants--Vouchers.
Section 23A-28B-42 - Compensation surcharge for certain crimes--Waiver.
Section 23A-28B-43 - Collection of compensation surcharge--Disbursement.