23A-28C-2. Notice of rights--Victim registration with SAVIN system--Confidentiality.
At the commencement of a criminal proceeding subject to the terms of this chapter, the prosecutor, by first class mail or electronic mail notification, shall advise the victim of the rights set forth in this chapter. In order to take advantage of the rights, the victim shall advise the prosecutor of a desire to participate. A victim may choose to participate only in certain enumerated phases of the proceedings. A victim wishing to participate shall register with the SAVIN system, as defined by this chapter, where notifications, including electronic notification, required under this chapter are to be made, and of any changes in the place of notification. A prosecutor receiving notification of a victim's wish to participate shall approve the victim's status and shall keep record of that notification through the time of the defendant's final discharge from the criminal justice system in the SAVIN system. If the defendant is sentenced to the state prison system, the Department of Corrections shall keep a record of the request for notification in the SAVIN system until the defendant's final discharge from prison and parole. A victim's request for notification and the place of notification is confidential and may not be disclosed to the defendant.
Source: SL 1991, ch 202, §2; SL 1995, ch 137, §2; SL 1999, ch 126, §4; SL 2014, ch 116, §7; SL 2017, ch 107, §2.
Structure South Dakota Codified Laws
Title 23A - Criminal Procedure
Chapter 28C - Crime Victims' Act
Section 23A-28C-1 - Rights of crime victim.
Section 23A-28C-1.1 - Notice defined.
Section 23A-28C-1.2 - Electronic notification and SAVIN system defined.
Section 23A-28C-2 - Notice of rights--Victim registration with SAVIN system--Confidentiality.
Section 23A-28C-3 - Enforcement of constitutional or statutory rights.
Section 23A-28C-4 - Victim defined.
Section 23A-28C-5 - Notice of incarcerated offender's change of status.
Section 23A-28C-6 - Notice to be provided by Department of Corrections or state's attorney.
Section 23A-28C-7 - Victim or witness assistant--Appointment and compensation.
Section 23A-28C-8 - Victim or witness assistant--Duties.
Section 23A-28C-9 - Notice to immediate family.
Section 23A-28C-10 - Statewide automated victim information and notification system.
Section 23A-28C-11 - Notice of clemency hearing--Contents.
Section 23A-28C-12 - Notice of discretionary parole hearing--Contents.
Section 23A-28C-13 - Victim request for notification.
Section 23A-28C-14 - Request for notification by parent or guardian.
Section 23A-28C-15 - Sharing of information by interagency multidisciplinary teams.