Law garden / South Dakota
If you're Jane Doe in South Dakota
What South Dakota's crime victim compensation law says, in plain words. Each line links to the exact sentence it comes from.
Crime Victims' Compensation Program, run by South Dakota Department of Public Safety.
Show the law for this line: SD DPS, Crime Victims' Compensation Program (allowable expenses and benefits)
SD DPS, Crime Victims' Compensation Program (allowable expenses and benefits)SD-S4
The program's own page, saved by Tend.
- $15,000the most you can ask for in totalSDCL 23A-28B-21
- 1 yearto apply, from the date it happenedSDCL 23A-28B-25(1)
- Police reportthe program asks for one within 5 daysSDCL 23A-28B-25(1)
- $0what a forensic exam should cost youSDCL 22-22-26.2
What the program can pay for
The most the program can pay for all costs together is $15,000.
Show the law for this line: SDCL 23A-28B-21
SDCL 23A-28B-21SD-CAP-1
Total compensation for one victim's injury or death may not exceed $15,000.
Compensation granted to any claimant suffering economic loss as the result of injury to or death of any one victim may not exceed fifteen thousand dollars.
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Medical care
Show the law for this line: SDCL 23A-28B-1(9)and 1 more
SDCL 23A-28B-1(9)SD-MED-1
Covered medical expense includes medical and dental services, mental health counseling, dental and prosthetic devices, and eyeglasses or other corrective lenses.
"Medical expense," the cost of all medical and dental services, mental health counseling, dental and prosthetic devices, eyeglasses or other corrective lenses
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ARSD 67:55:04:19SD-MED-2
Apart from mental health care, medical services are paid only if provided in the 12 months after the crime, unless the department extends that for good cause.
payment for medical expenses is limited to those medical services provided during the 12-month period immediately following the date the crime occurred. The department may extend this 12-month period if good cause is shown.
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Counseling
Show the law for this line: ARSD 67:55:04:03and 1 more
ARSD 67:55:04:03SD-COUNS-1
Mental health services are covered, including individual or group counseling by a qualified mental health professional, for a limited number of months after the crime.
Payment for mental health services is limited to assessment, diagnosis, and treatment, including individual or group counseling sessions provided by a mental health professional
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ARSD 67:55:04:03SD-COUNS-2
If the victim was a juvenile at the time of the crime and the late-filing deadline is waived for good cause, mental health services can be paid for up to 24 months from the date of the application.
If the victim is a juvenile, or was a juvenile at the time of victimization, and there is good cause to waive the one-year requirement under SDCL 23A-28B-25 , payment for mental health services may be made for up to 24 months from the date of the application.
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Travel
Show the law for this line: ARSD 67:55:04:05(5)and 1 more
ARSD 67:55:04:05(5)SD-TRANS-1
Mileage is covered for trips such as getting the victim to a hospital or medical facility for a sexual assault exam, treatment, court, and meetings with police.
Mileage accrued for transporting the victim to a hospital or medical facility for a sexual assault examination
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ARSD 67:55:04:07SD-TRANS-2
Mileage is reimbursed at the state employee rate for a privately owned car.
Mileage is reimbursed at the rate established for state employees in SDCL 3-9-1 , as applicable, for the use of a privately owned automobile.
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Lost pay
Show the law for this line: SDCL 23A-28B-20and 1 more
SDCL 23A-28B-20SD-WAGE-1
Lost earnings are paid based on the victim's average monthly earnings for the 6 months before the injury or the monthly minimum wage, whichever is less. The monthly minimum wage is the federal hourly minimum wage times 173.2 hours.
Loss of earnings, loss of future earnings, and loss of support shall be determined on the basis of the victim's average monthly earnings for the six months immediately preceding the date of injury, or the monthly minimum wage as of the date of the crime underlying the claim, whichever is less. The monthly minimum wage shall be based upon the federal hourly minimum wage in effect as of the date of the crime multiplied by 173.2 hours per month.
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ARSD 67:55:04:08(1)SD-WAGE-2
When the victim is the claimant, lost earnings are limited to the 12 months right after the crime. The victim must have been employed at the time of the crime, and hours paid with sick or annual leave do not count.
Payment for lost earnings or loss of future earnings is limited to the following: (1) If the claimant is the victim, the 12-month period immediately following the date of the crime;
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Home security
- Security devices, including digital security cameras, are covered up to $500 including materials and labor; monthly service fees are not. The commission can approve more than this limit on evidence of need, but never above the overall program limit.
Show the law for this line: SDCL 23A-28B-1(15)and 1 more
SDCL 23A-28B-1(15)SD-SEC-1
Security devices such as locks, door eyeholes, and security lights needed for the victim's safety are a covered loss.
"Security devices," the cost to repair or install locks, door eyeholes, security lights, or other similar security and safety measures necessary to ensure the safety of the victim.
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ARSD 67:55:04:12SD-CAP-2
Payment for security devices may not exceed $500, including materials and labor.
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Child care
Show the law for this line: ARSD 67:55:04:11
ARSD 67:55:04:11SD-CHILD-1
Child care is covered when the parent cannot care for the child because of crime-related impairment, court, police meetings, or a medical appointment.
Child care expenses are payable if the parent is unable to care for the child because the parent has sustained physical or emotional impairment as a direct result of a crime, if the parent is required to attend court proceedings or meet with law enforcement, or the parent has a medical appointment.
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Clothing and bedding
Show the law for this line: SDCL 23A-28B-1(14)
SDCL 23A-28B-1(14)SD-CLOTH-1
The replacement value of property taken as evidence, including clothing and bedding, is covered if it is not returned.
"Personal property losses," the replacement value of property, including clothing and bedding, used for evidentiary purposes
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Crime scene cleanup
- Homicide scene cleanup is capped at $1,500. The commission can approve more than this limit on evidence of need, but never above the overall program limit.
Show the law for this line: ARSD 67:55:04:14
ARSD 67:55:04:14SD-CAP-4
Payment for homicide scene cleanup may not exceed one thousand five hundred dollars.
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Funeral costs
- Basic funeral and burial expenses are capped at $8,000. The commission can approve more than this limit on evidence of need, but never above the overall program limit.
Show the law for this line: ARSD 67:55:04:17
ARSD 67:55:04:17SD-CAP-3
Payment for basic funeral and burial expenses may not exceed $8,000.
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What it does not pay for
The compensation program does not reimburse rape or sexual offense exams that are provided under the county-pay exam statute.
Show the law for this line: ARSD 67:55:04:13
ARSD 67:55:04:13SD-EXAM-3
Reimbursement is not allowed for rape or sexual offense examinations provided under the provisions of SDCL
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The program does not pay for cell phones, guns, or guard dogs.
Show the law for this line: ARSD 67:55:04:12
ARSD 67:55:04:12SD-EXCL-1
No payment may be made for cell phones, guns, or guard dogs.
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The program does not pay for property losses (other than items kept as evidence), attorney's fees, or pain and suffering.
Show the law for this line: SD DPS CVC page, Requirements & Limitations
SD DPS CVC page, Requirements & LimitationsSD-EXCL-2
Compensation cannot be paid for property losses, attorney's fees, or pain and suffering.
Only clothing and bedding kept as evidence is covered; property damaged in the incident is not.
Show the law for this line: Primary Application Instructions, Section IX
Primary Application Instructions, Section IXSD-EXCL-3
Only clothing and bedding that was collected as evidence, and will not be returned to the claimant, is compensable through the CVC Program. Property damaged in the incident is not eligible for compensation.
The forensic exam
You should not get a bill for a sexual assault forensic exam.
Show the law for this line: SDCL 22-22-26.2
SDCL 22-22-26.2SD-EXAM-2
Hospitals and clinics must tell survivors the forensic exam is available at no cost to them, and a survivor does not have to take part in the criminal case or cooperate with police to get the exam. The statute does not say whether the survivor's insurance may be billed.
Each hospital and clinic that provides a forensic medical examination under § 22-22-26 shall coordinate with the county to establish a payment process by which the county shall pay for the cost of the examination, and to notify any victim of rape or sexual offense of the availability of an examination at no cost to the victim. A victim of rape or sexual offense is not required to participate in the criminal justice system or to cooperate with law enforcement to be provided with a forensic medical examination.
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The county where the sexual assault happened pays for the forensic medical exam, including related lab tests, medication given during the exam, and supplies.
Show the law for this line: SDCL 22-22-26
SDCL 22-22-26SD-EXAM-1
The county where an alleged rape or sexual offense occurred shall pay the cost of any forensic medical examination performed on the victim of the alleged rape or sexual offense.
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Police report
The program asks that the crime be reported to police.
Show the law for this line: SDCL 23A-28B-25(1)and 2 more
SDCL 23A-28B-25(1)SD-REPORT-1
The crime must have been reported to law enforcement within 5 days, or within 5 days of when a report could reasonably have been made. No alternative to a police report for sexual assault was found in the statute.
the personal injury or death was the result of a crime which had been reported to a law enforcement officer or agency within five days of its occurrence or, if the crime could not reasonably have been reported within that period, within five days of the date when a report could reasonably have been made
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Primary Application, EligibilitySD-REPORT-2
If the crime was not reported within 5 days, the application asks for a letter explaining the reason for the delay.
If the crime was not reported within 5 days of the date that it occurred or if the victim did not cooperate, please submit a letter explaining the reason for the delay in reporting or decision not to cooperate.
SDCL 23A-28B-25(2)(c)SD-REPORT-3
No award may be made if the victim fails or refuses to cooperate fully with law enforcement or with the department.
Fails or refuses to cooperate fully with any appropriate law enforcement officer or agency or with the department in the administration of this chapter.
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The crime must have been reported to law enforcement within 5 days, or within 5 days of when a report could reasonably have been made. No alternative to a police report for sexual assault was found in the statute.
Show the law for this line: SDCL 23A-28B-25(1)
SDCL 23A-28B-25(1)SD-REPORT-1
the personal injury or death was the result of a crime which had been reported to a law enforcement officer or agency within five days of its occurrence or, if the crime could not reasonably have been reported within that period, within five days of the date when a report could reasonably have been made
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If the crime was not reported within 5 days, the application asks for a letter explaining the reason for the delay.
Show the law for this line: Primary Application, Eligibility
Primary Application, EligibilitySD-REPORT-2
If the crime was not reported within 5 days of the date that it occurred or if the victim did not cooperate, please submit a letter explaining the reason for the delay in reporting or decision not to cooperate.
No award may be made if the victim fails or refuses to cooperate fully with law enforcement or with the department.
Show the law for this line: SDCL 23A-28B-25(2)(c)
SDCL 23A-28B-25(2)(c)SD-REPORT-3
Fails or refuses to cooperate fully with any appropriate law enforcement officer or agency or with the department in the administration of this chapter.
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Deadline to apply
Apply within 1 year of the date it happened.
Show the law for this line: SDCL 23A-28B-25(1)
SDCL 23A-28B-25(1)SD-DEAD-1
The application must be filed within one year after the date of the injury, but the department may waive that for good cause.
Unless an application for compensation is filed with the department within one year after the date of the personal injury or death and the personal injury or death was the result of a crime which had been reported to a law enforcement officer or agency within five days of its occurrence or, if the crime could not reasonably have been reported within that period, within five days of the date when a report could reasonably have been made. The department may waive the one year application requirement for good cause shown
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Keeping your name and address private
South Dakota's only address confidentiality program is voter-only: a person with an active protection order or living in a victims' services shelter can ask the Secretary of State to keep their voter record out of public inspection. It does not give a substitute mailing address.
Show the law for this line: SDCL 12-4-9.2, as quoted on the Secretary of State Secure Active Designation page
SDCL 12-4-9.2, as quoted on the Secretary of State Secure Active Designation pageSD-ACP-1
A voter record with a secured active designation shall be excluded from public inspection or copying, except if requested by a law enforcement agency, if directed by a court order, or if a secured active designation has been cancelled at the request of the secured active designee.
Records and reports the compensation department or commission obtains stay confidential if another law or rule already makes them confidential (for example medical or counseling records). The statute does not make the whole claim file confidential.
Show the law for this line: SDCL 23A-28B-36
SDCL 23A-28B-36SD-RECORDS-1
Any record or report obtained by the department or commission, the confidentiality of which is protected by any law or administrative rule, shall remain confidential.
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How to apply
Online https://mavis.intelligrants.com/module/sddss/login.aspx?APPTHEME=SDDSS
Show the law for this line: SD DPS Eligibility and Apply page, Apply section
SD DPS Eligibility and Apply page, Apply sectionSD-SUBMIT-3
A survivor can apply online through the state's MAVIS portal instead of filing the paper form.
You may apply online for Crime Victims' Compensation through MAVIS.
Email VictimsServices@state.sd.us
Show the law for this line: Primary Application (DPS-VS-694 12/17), page 2, program contact block
Primary Application (DPS-VS-694 12/17), page 2, program contact blockSD-SUBMIT-2
The application can be emailed as a digital copy to VictimsServices@state.sd.us; the program's apply page says to mail the form or email a digital copy.
Email address: VictimsServices@state.sd.us
Mail Department of Public Safety Crime Victims' Compensation Program 118 West Capitol Avenue Pierre SD 57501
Show the law for this line: Primary Application (DPS-VS-694 12/17), page 9, return box
Primary Application (DPS-VS-694 12/17), page 9, return boxSD-SUBMIT-1
Mail the completed paper application to the Department of Public Safety, Crime Victims' Compensation Program, 118 West Capitol Avenue, Pierre SD 57501.
Please return completed application to: Department of Public Safety Crime Victims’ Compensation Program 118 West Capitol Avenue Pierre SD 57501
Phone 605-773-6317
Show the law for this line: SD DPS, Crime Victims' Compensation Program (allowable expenses and benefits)
SD DPS, Crime Victims' Compensation Program (allowable expenses and benefits)SD-S4
The program's own page, saved by Tend.
If you need money soon
The department may grant an emergency award of up to $1,000 for undue hardship; it is deducted from the final award.
Show the law for this line: SDCL 23A-28B-27
SDCL 23A-28B-27SD-EMERG-1
The amount of an emergency award may not exceed one thousand dollars.
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Good to know before you apply
South Dakota residents hurt by a crime in another state have the same rights as if it happened in South Dakota, but only if that state has no compensation law that covers the injury.
Show the law for this line: SDCL 23A-28B-2
SDCL 23A-28B-2SD-RES-1
If a resident of South Dakota is a victim of a crime as defined in § 23A-28B-1 , but the crime occurred outside the boundaries of this state, the resident has the same rights under the provisions of this chapter as if the crime had occurred within this state upon a showing that the state, territory, country, or political subdivision of a country in which the crime occurred does not have a crime victims' compensation law which covers the injury or death suffered by the resident.
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Awards are reduced by payments from collateral sources such as the offender, insurance, Medicaid, Medicare, workers compensation, or employer wage continuation.
Show the law for this line: SDCL 23A-28B-22
SDCL 23A-28B-22SD-COLL-1
Any award of victims' compensation made pursuant to this chapter shall be reduced by the amount of any payment received, or to be received, by the victim from any collateral source as a result of the conduct giving rise to the application for compensation.
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Bills for rape exams and related expenses must go to insurance and other collateral sources before the program pays.
Show the law for this line: ARSD 67:55:04:13
ARSD 67:55:04:13SD-COLL-2
Bills for rape exams and related expenses must be submitted to collateral sources, including health insurance, before payment may be made under the provisions of this article.
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If you're Jane Doe in South Dakota: you can ask for up to $15,000, and you should never get a bill for a forensic exam.
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