South Dakota Codified Laws
Chapter 28B - Crime Victims' Compensation Program
Section 23A-28B-33 - Promulgation of rules for administration of chapter.

23A-28B-33. Promulgation of rules for administration of chapter.
The department may promulgate rules, pursuant to chapter 1-26, relating to administration of this chapter, which rules may include:
(1)Procedures for investigating a claim to determine whether compensation eligibility requirements have been satisfied;
(2)Procedures for verifying claimed losses or expenses;
(3)Standards for compensation, as provided in §23A-28B-20;
(4)Standards to insure that payment of an award will not unjustly benefit an offender or an accomplice; and
(5)Procedures to be utilized to decide requests for emergency awards.

Source: SL 1991, ch 201, §33.

Structure South Dakota Codified Laws

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-16 - State and local agencies to provide information to Department of Social Services.

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-23 - Conviction of person for criminal conduct not required for award of compensation.

Section 23A-28B-24 - Payment of compensation--Lump sum--Exception for protracted disability--Award not subject to process.

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-28 - Department recommendation or order upon review and investigation of application--Notice.

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-34 - Department subrogated to claimant's cause of action--Action against party liable for claimant's injury.

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-39 - Assistant attorney general to advise department and commission--Litigation assistance.

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.

Section 23A-28B-44 - No awards before July 1, 1992.