3-24-5. Referral to Division of Criminal Investigation--Referral to state's attorney or attorney general.
The board may refer any information, report, or complaint it receives to the Division of Criminal Investigation for investigation. If, based on the information, report, or complaint, the board has reasonable cause to believe that a crime has been committed, the matter shall be referred to the Division of Criminal Investigation. If the Division of Criminal Investigation has cause to believe that a law has been violated, the division shall refer the matter to a state's attorney or the attorney general for prosecution. If an investigation does not reveal sufficient facts to support a criminal prosecution, the Division of Criminal Investigation shall refer the matter back to the board for the board's consideration. If the Division of Criminal Investigation determines that the information, report, or complaint is frivolous, it shall communicate this determination to the board in writing and the board may close the matter.
Source: SL 2017, ch 32, ยง5.
Structure South Dakota Codified Laws
Title 3 - Public Officers and Employees
Chapter 24 - State Government Accountability Board
Section 3-24-1 - State Government Accountability Board established .
Section 3-24-2 - Terms of office .
Section 3-24-3 - Review and investigation of allegations of misconduct.
Section 3-24-4 - Information, reports, and complaints to board--Confidentiality of records .
Section 3-24-6 - Immunity of person acting in good faith--Civil actions .
Section 3-24-7 - Contested case hearing .
Section 3-24-8 - Determination of misconduct .
Section 3-24-9 - Status update from board.
Section 3-24-10 - Annual report by board.
Section 3-24-11 - Administrative and budgetary support--Staff.