23A-28B-5. Membership of commission--Terms of office--Vacancies.
The term of office of any member of the commission is three years or until the member's successor is appointed and qualified. However, initial appointments shall be as follows: one member shall be appointed by the Governor for one year, one member shall be appointed by the Governor for two years, one member shall be appointed by the Governor for three years, one member shall be appointed by the Chief Justice of the Supreme Court for two years, and one member shall be appointed by the attorney general for three years.
Any vacancy arising from other than natural expiration of a term shall be filled for the remainder of the unexpired term only. Such appointee shall meet the qualifications prescribed by law for the vacated position. Any appointment to the commission becomes effective on the thirty-first day of October, unless an appointment is for an unexpired term. The appointee's term shall expire on October thirtieth in the third year of appointment. Any member may be removed by the Governor for cause. If any member is removed by the Governor for cause, the officer who appointed the member shall appoint the replacement. A chair of the commission shall be chosen annually from the membership of the commission by a majority of the members.
Source: SL 1991, ch 201, §5; SL 2004, ch 167, §1; SL 2012, ch 16, §10.
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.