CHAPTER 23A-28B
CRIME VICTIMS' COMPENSATION PROGRAM
23A-28B-1 Definitions.
23A-28B-2 Rights of resident victim of out-of-state crime.
23A-28B-3 Crime Victims' Compensation Commission--Apportionment of members.
23A-28B-4 Duties of commission.
23A-28B-5 Membership of commission--Terms of office--Vacancies.
23A-28B-6 Administration of commission.
23A-28B-7 Commission meetings--Quorum.
23A-28B-8 Compensation and expenses for commission members.
23A-28B-9 Preponderance of evidence required for receipt of compensation.
23A-28B-10 No right to compensation--Availability of funds.
23A-28B-11 Application for compensation.
23A-28B-12 Furnishing application forms.
23A-28B-13 Documentation required with application--Notice of rejection.
23A-28B-14 Amended application--Additional material.
23A-28B-15 Application for compensation on behalf of minor or incompetent.
23A-28B-16 State and local agencies to provide information to Department of Social Services.
23A-28B-17 Subpoenas authorized for investigation of eligibility.
23A-28B-18 Circumstances permitting compensation.
23A-28B-19 Compensation for economic losses due to personal injury or death.
23A-28B-20 Calculating compensation--Standard.
23A-28B-21 Limit of compensation.
23A-28B-22 Compensation reduced by amount of collateral payment.
23A-28B-23 Conviction of person for criminal conduct not required for award of compensation.
23A-28B-24 Payment of compensation--Lump sum--Exception for protracted disability--Award not subject to process.
23A-28B-25 Circumstances not permitting award of compensation.
23A-28B-26 Relative or household member of offender eligible for compensation.
23A-28B-27 Emergency award of compensation--Amount--Excess amount repaid.
23A-28B-28 Department recommendation or order upon review and investigation of application--Notice.
23A-28B-29 23A-28B-29. Repealed by SL 1998, ch 150, § 3
23A-28B-30 Fees and mileage allowance for witness in compensation hearing.
23A-28B-31 Order entered on all claims submitted under chapter--Content.
23A-28B-32 Request for review of department order--Hearing.
23A-28B-32.1 Department permitted to amend commission order.
23A-28B-33 Promulgation of rules for administration of chapter.
23A-28B-34 Department subrogated to claimant's cause of action--Action against party liable for claimant's injury.
23A-28B-35 Fraudulent claim prohibited--Violation as misdemeanor or felony.
23A-28B-36 Confidentiality of records and reports.
23A-28B-37 Application hearing open to public--Exceptions.
23A-28B-38 Privileged communications.
23A-28B-39 Assistant attorney general to advise department and commission--Litigation assistance.
23A-28B-40 Crime victims' compensation fund--Establishment--Purposes.
23A-28B-40.1 Emergency expenses--Requests for reimbursement.
23A-28B-41 Payments from fund--Warrants--Vouchers.
23A-28B-42 Compensation surcharge for certain crimes--Waiver.
23A-28B-43 Collection of compensation surcharge--Disbursement.
23A-28B-44 No awards before July 1, 1992.
23A-28B-1. Definitions.
Terms used in this chapter mean:
(1) "Claimant," any person entitled to apply for compensation pursuant to this chapter;
(2) "Commission," the South Dakota Crime Victims' Compensation Commission as established by § 23A-28B-3;
(3) "Crime," conduct that occurs or is attempted in this state, including that arising from domestic violence, human trafficking, and acts of terrorism, as defined in 18 USC § 2331 as of January 1, 1997, which conduct results in personal injury or death and is punishable as a felony or misdemeanor, or would be so punishable except that the person engaging in the conduct lacked the capacity to commit the crime under the laws of this state. The term does not include conduct arising out of the ownership, maintenance, or use of a motor vehicle, boat, or aircraft unless the conduct was intended to cause or did recklessly cause personal injury or death or unless the conduct constitutes a violation of § 32-23-1, 22-16-41, or 22-18-36;
(4) "Department," Department of Public Safety;
(5) "Dependent," any spouse, parent, grandparent, stepparent, child, stepchild, adopted child, grandchild, brother, sister, half brother, half sister, or parent of the spouse of a deceased victim who was wholly or partially dependent upon the victim's income at the time of the victim's death, including any child of the victim born after the victim's death;
(6) "Economic loss," medical and hospital expenses, loss of earnings, loss of future earnings, funeral and burial expenses, homicide scene cleanup expenses, limited personal property losses, mileage, security devices, and loss of economic benefits or support to dependents, including home maintenance and child care expenses;
(7) "Fund," the crime victims' compensation fund established by § 23A-28B-40;
(8) "Law enforcement officer," any person as defined in § 22-1-2;
(9) "Medical expense," the cost of all medical and dental services, mental health counseling, dental and prosthetic devices, eyeglasses or other corrective lenses, including services rendered in accordance with any method of healing recognized by the laws of this state or the United States;
(10) "Person," any natural person;
(11) "Personal injury," actual bodily harm or emotional distress;
(12) "Victim," any person who suffers personal injury or death as a direct result of:
(a) A crime, including a federal crime occurring in this state;
(b) A good faith effort by the person to prevent the commission of a crime; or
(c) A good faith effort by the person to apprehend a person suspected of engaging in a crime;
(13) "Homicide scene cleanup expenses," the cost of cleaning the scene of a homicide, if the scene is a residence or an automobile, including removing, or attempting to remove, from the crime scene, blood, dirt, stains, or other debris caused by the crime or the processing of the crime scene. Compensation may be paid for services provided by persons who are not members of the immediate family of the victim, including the victim's spouse, parents, siblings and children, or persons who were not living with the victim at the time of the crime;
(14) "Personal property losses," the replacement value of property, including clothing and bedding, used for evidentiary purposes;
(15) "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.
Source: SL 1991, ch 201, § 1; SL 1993, ch 183, § 2; SL 1994, ch 180, § 1; SL 1997, ch 144, § 1; SL 1997, ch 145, § 1; SL 2001, ch 122, §§ 1, 2; SL 2018, ch 145, § 1; SL 2020, ch 89, § 6.
23A-28B-2. Rights of resident victim of out-of-state crime.
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.
Source: SL 1991, ch 201, § 2.
23A-28B-3. Crime Victims' Compensation Commission--Apportionment of members.
There is created the South Dakota Crime Victims' Compensation Commission, which shall consist of five residents of the state, three of whom shall be appointed by the Governor as follows:
(1) One member shall be a law enforcement officer with a minimum of five years' experience in a law enforcement agency which has among its primary duties the investigation of violent crimes;
(2) One member shall be a physician or a person who, in the opinion of the Governor, has experience or knowledge in the processing and evaluation of medical claims; and
(3) One member shall be a person with experience in providing victim assistance services, either through employment with a governmental agency which provides such services or as an officer, employee, or volunteer of a nonprofit, charitable crime victims' organization established pursuant to the laws of this state.
One member of the commission shall be appointed by the Chief Justice of the state Supreme Court. One member of the commission shall be appointed by the attorney general.
Source: SL 1991, ch 201, § 3; SL 2011, ch 74, § 6.
23A-28B-4. Duties of commission.
The commission shall:
(1) Hear and determine claims for compensation as provided in § 23A-28B-32;
(2) Promulgate rules, pursuant to chapter 1-26, governing conduct of hearings before the commission;
(3) Assist the department in publicizing the availability of and procedures for obtaining compensation pursuant to the provisions of this chapter; and
(4) Assist the department in developing, implementing, and evaluating effective crime victim compensation policies and procedures.
Source: SL 1991, ch 201, § 4; SL 1998, ch 150, § 1.
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.
23A-28B-6. Administration of commission.
The commission shall be administered under the direction and supervision of the department and the secretary thereof, but shall retain the quasi-judicial, quasi-legislative, advisory, other nonadministrative, and special budgetary functions (as defined in § 1-32-1) otherwise vested in it and shall exercise those functions independently of the secretary of the department.
Source: SL 1991, ch 201, § 6.
23A-28B-7. Commission meetings--Quorum.
The commission shall meet as necessary to carry out its functions pursuant to the provisions of this chapter. A meeting may be called by the chairman or upon the request of any three members of the commission. Any meeting shall be held at a place and time fixed by the chairman. A majority of the duly appointed members of the commission constitutes a quorum to transact its business.
Source: SL 1991, ch 201, § 7.
23A-28B-8. Compensation and expenses for commission members.
Each member of the commission shall be paid mileage at the same rate as allowed for state employees and shall receive per diem compensation and allowable expense reimbursement in an amount set pursuant to § 4-7-10.4 for time spent attending commission meetings. However, no per diem may be paid to any commission member who is a state employee. The per diem shall be paid on vouchers verified and approved by the secretary of the department.
Source: SL 1991, ch 201, § 8.
23A-28B-9. Preponderance of evidence required for receipt of compensation.
The department or commission, as applicable, shall award victims' compensation as authorized by the provisions of this chapter if it finds by a preponderance of the evidence that the requirements for compensation have been met.
Source: SL 1991, ch 201, § 9.
23A-28B-10. No right to compensation--Availability of funds.
The provisions of this chapter do not create a right to receive victims' compensation. Such compensation is only payable to the extent that funds for such purpose are available within the crime victims' compensation fund.
Source: SL 1991, ch 201, § 10.
23A-28B-11. Application for compensation.
An application for compensation shall be on a form prescribed by the department which sets forth:
(1) The victim's name and address, the claimant's name and address, and the relationship of the claimant to the victim;
(2) If the victim is deceased, the name and address of each dependent of the victim and the extent to which each is dependent;
(3) The date and the nature of the crime underlying the claim;
(4) The law enforcement agency or officer to whom the crime was reported and the date of the report;
(5) The nature and extent of the injuries sustained by the victim, the name and address of any person who gave medical treatment to the victim, and the name and address of any hospital where the victim received medical treatment;
(6) The total amount of economic loss that the victim, a dependent, or the claimant sustained as a result of the crime;
(7) The amount of benefits or advantages that the victim, a dependent, or other claimant has received or may be entitled to receive from any collateral source for economic loss resulting from the crime, including the name of each collateral source;
(8) Whether the claimant is a spouse, parent, child, brother or sister of the offender, or an accomplice of the offender who committed the crime;
(9) A release authorizing the department to obtain any report, document, or other information relating to the claim; and
(10) Any additional information which the department deems necessary.
Source: SL 1991, ch 201, § 11; SL 1997, ch 145, § 2; SL 2002, ch 120, § 1.
23A-28B-12. Furnishing application forms.
The department shall furnish law enforcement agencies with victims' compensation application forms. A law enforcement agency investigating a crime shall provide forms to any person who may be eligible to file a claim pursuant to this chapter.
Source: SL 1991, ch 201, § 12.
23A-28B-13. Documentation required with application--Notice of rejection.
The department may require that documentation substantiating the facts stated in an application for compensation be submitted with the application. If the department determines that an application does not contain the required information or that the facts stated in the application have not been substantiated, it shall notify the applicant in writing of the specific additional documentation required and that the applicant has thirty days from the date of the notice in which to furnish such information to the department. The department shall reject the application of a claimant who fails to file the requested information within the time specified unless the applicant requests, and the department grants, an extension of time in which to furnish such information.
Source: SL 1991, ch 201, § 13.
23A-28B-14. Amended application--Additional material.
A claimant may file an amended application or additional substantiating materials to correct inadvertent errors or omissions at any time before the department or the commission disposes of the original application. Any additional material filed pursuant to this section shall be considered to have been filed at the same time as the original application.
Source: SL 1991, ch 201, § 14.
23A-28B-15. Application for compensation on behalf of minor or incompetent.
An application for compensation may be made on a minor's behalf by the minor's parent, guardian, or conservator. An application by a protected person may be made on the protected person's behalf by the person's guardian or conservator.
Source: SL 1991, ch 201, § 15; SL 1993, ch 213, § 109; SL 2004, ch 167, § 2.
23A-28B-16. State and local agencies to provide information to Department of Social Services.
Upon request by the department, any state or local agency, including a law enforcement agency, shall complete and return to the department a certification form to provide any information requested by the department to help decide whether a person is eligible to receive an award of compensation under this chapter. If requested by the department, an agency shall also make available all reports, files and other appropriate information to assist the department in making an eligibility decision.
Source: SL 1991, ch 201, § 16.
23A-28B-17. Subpoenas authorized for investigation of eligibility.
The department or commission may issue subpoenas for persons or documents as provided by § 15-6-45 for any investigation or hearing conducted pursuant to this chapter. Failure to comply with a subpoena issued pursuant to this chapter is punishable as contempt in court as provided by chapter 21-34.
Source: SL 1991, ch 201, § 17.
23A-28B-18. Circumstances permitting compensation.
The department may order payment of compensation:
(1) For the benefit of the injured person;
(2) In the event of personal injury to or death of the victim, to any person responsible for maintenance of the victim who has suffered pecuniary loss or incurred expenses as a result of such injury or death; and
(3) In the event of death of the victim, for the benefit of one or more dependents of the victim. If two or more such dependents are entitled to an award of compensation, the award shall be apportioned by the department among the dependents in a manner which the department determines to be fair and equitable.
Source: SL 1991, ch 201, § 18.
23A-28B-19. Compensation for economic losses due to personal injury or death.
The department or commission, as applicable, may order payment of victims' compensation in accordance with the provisions of this chapter for reasonable economic losses incurred as a direct result of personal injury to or death of a victim, including any economic loss as defined in § 23A-28B-1.
Source: SL 1991, ch 201, § 19.
23A-28B-20. Calculating compensation--Standard.
For the purpose of calculating compensation to be awarded pursuant to this chapter, the department shall establish uniform standards for compensation under this chapter, taking into consideration the rates and amounts of compensation payable for injuries and for death under the laws of this state and the United States and availability of funds under this chapter. Standards for compensation shall be established by rules promulgated by the department pursuant to chapter 1-26. 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.
Source: SL 1991, ch 201, § 20; SL 1997, ch 145, § 3.
23A-28B-21. Limit of compensation.
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.
Source: SL 1991, ch 201, § 21; SL 1999, ch 125, § 1.
23A-28B-22. Compensation reduced by amount of collateral payment.
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. For purposes of this section, the term, collateral source, means a source of income or other benefits or advantages for economic loss which is otherwise compensable under the provisions of this chapter and which the victim or claimant has received, or which is readily available from:
(1) The offender or any third party who is liable for the offender's conduct;
(2) The government of the United States or any agency thereof, a state or any of its political subdivisions, or an instrumentality of two or more states, unless the law providing for such benefits mandates that they be excess or secondary to benefits available under this chapter;
(3) Social security, medicare, and medicaid;
(4) Temporary nonoccupational disability insurance;
(5) Workers compensation;
(6) Any wage continuation program of an employer;
(7) Any proceeds of a contract of insurance payable to the victim for economic loss sustained as a result of the crime; or
(8) Any contract providing prepaid hospital or other health care services or benefits for disability.
Source: SL 1991, ch 201, § 22.
23A-28B-23. Conviction of person for criminal conduct not required for award of compensation.
An award of compensation may be made without regard to whether any person is prosecuted or convicted for the criminal conduct that is the basis of the award. Proof of conviction of a person whose conduct gives rise to a claim is conclusive evidence that the crime was committed, unless an application for rehearing, an appeal of the conviction or a petition for certiorari is pending, or a rehearing or new trial has been ordered. The department may suspend proceedings under this chapter for any period it deems appropriate on the grounds that a prosecution for the conduct giving rise to a claim has been commenced or is imminent.
Source: SL 1991, ch 201, § 23.
23A-28B-24. Payment of compensation--Lump sum--Exception for protracted disability--Award not subject to process.
An award of victims' compensation under this chapter shall be paid in a lump sum. However, in a case involving death or protracted disability, an award may be paid in periodic payments. The department may pay any portion of an award directly to the provider of any service which is the basis for that portion of the award. An award is not subject to execution, attachment, garnishment, or other process. However, an award for compensation toward a related expense is not exempt from a claim by a creditor to the extent that the creditor provided products, services, or accommodations, the costs of which are recognized and included in the award.
Source: SL 1991, ch 201, § 24.
23A-28B-25. Circumstances not permitting award of compensation.
No claim for compensation may be awarded:
(1) 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;
(2) If the victim:
(a) Engaged in conduct which substantially contributed to the infliction of the victim's injury or death or engaged in conduct which the victim should reasonably have foreseen could lead to the injury or death. However, this subsection does not apply to any victim defined in subsections 23A-28B-1(12)(b) and (c) or to any victim of: a sex offense under chapter 22-22; human trafficking under chapter 22-49; domestic abuse under § 25-10-1; child abuse, neglect, or exploitation under § 26-8A-2; or abuse, neglect, or exploitation of an elder or an adult with a disability under chapter 22-46;
(b) Committed or otherwise participated in a crime which caused or contributed to the victim's injury or death;
(c) Fails or refuses to cooperate fully with any appropriate law enforcement officer or agency or with the department in the administration of this chapter. If a claimant other than a victim fails or refuses to cooperate pursuant to this subsection, no compensation may be awarded to that claimant; or
(3) To any claimant, if the award would unjustly benefit an offender or an accomplice.
Source: SL 1991, ch 201, § 25; SL 2018, ch 145, §§ 2, 8.
23A-28B-26. Relative or household member of offender eligible for compensation.
No victim or dependent may be denied compensation solely because he is a relative of the offender or was living with the offender as a family or household member at the time of the personal injury or death.
Source: SL 1991, ch 201, § 26.
23A-28B-27. Emergency award of compensation--Amount--Excess amount repaid.
If the department concludes that an award of compensation is likely and that undue hardship will result to a claimant if an immediate award is not made, the department may grant an emergency award of compensation. The amount of such emergency award shall be based upon the claimant's immediate and verifiable needs as a result of loss of income or support, upon emergency medical treatment expenses or upon funeral and burial expenses. The amount of an emergency award may not exceed one thousand dollars. Any emergency award granted pursuant to this section shall be deducted from any final compensation award made to the claimant. Any excess of the amount of any emergency award over the amount of the final award, or the full amount of any emergency award if no final award is made, shall be repaid by the claimant to the department for reimbursement to the fund.
Source: SL 1991, ch 201, § 27.
23A-28B-28. Department recommendation or order upon review and investigation of application--Notice.
The department shall receive, review, and investigate, any application for victims' compensation which has been properly filed. Following such review and investigation the department shall issue an order pursuant to § 23A-28B-31. The department shall file any such order with the commission and shall serve notice of such by mailing a copy to the claimant.
Source: SL 1991, ch 201, § 28; SL 1998, ch 150, § 2.
23A-28B-30. Fees and mileage allowance for witness in compensation hearing.
Fees and mileage for attendance as a witness in a compensation hearing before the commission shall be identical to those allowed in circuit court.
Source: SL 1991, ch 201, § 30.
23A-28B-31. Order entered on all claims submitted under chapter--Content.
For all claims submitted under the provisions of this chapter, the department shall enter an order which shall include:
(1) Findings of fact;
(2) The amount of compensation, if any, payable under the provisions of this chapter;
(3) The name of any person to whom such compensation is payable;
(4) A notice that the claimant may request commission review of the order in accordance with § 23A-28B-32; and
(5) Any other information which the department deems necessary.
Source: SL 1991, ch 201, § 31; SL 1998, ch 150, § 4; SL 2004, ch 167, § 3.
23A-28B-32. Request for review of department order--Hearing.
If a claimant disagrees with an order entered by the department, the claimant, within fifteen days from the date of service of the order, may request a review of the claim by the commission. A request for review shall be in writing in a form prescribed by the commission. Upon receipt of a request for review, the commission shall treat the department order as a recommendation by the department and shall hold a hearing to decide the claim. The hearing shall be held upon at least thirty days notice to the claimant and any other interested persons. The commission shall consider the order of the department and any objections to the order by the claimant. In addition, the commission may subpoena persons or documents, administer oaths or affirmations, and receive any additional relevant evidence which the commission deems necessary to decide the compensability of the claim. Based upon evidence presented at the hearing, the commission may adopt, modify, or reject the order of the department. A record of all proceedings at the hearing shall be kept. Any hearing held pursuant to this section may not be deemed a contested case hearing and the provisions of §§ 1-26-16 to 1-26-37, inclusive, governing contested cases and appeals therefrom do not apply. However, the commission shall adopt procedural rules pursuant to chapter 1-26 governing hearings held pursuant to this section. If no request for review is received within fifteen days, the department order shall become final with no further action by the commission and compensation shall be paid in accordance therewith.
Source: SL 1991, ch 201, § 32; SL 1998, ch 150, § 5.
23A-28B-32.1. Department permitted to amend commission order.
Upon request of the claimant and subject to the limitations set forth in this chapter, including any rules promulgated pursuant to § 23A-28B-20, the department may amend an order entered by the commission pursuant to § 23A-28B-32. However, such amendments may not exceed five percent of the total amount authorized by the commission. The department may not award compensation for the claim if the commission denied compensation.
Source: SL 1998, ch 150, § 6.
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.
23A-28B-34. Department subrogated to claimant's cause of action--Action against party liable for claimant's injury.
If an award of compensation has been paid pursuant to this chapter, the department is subrogated to the cause of action of a claimant against the person responsible for the injury or death and the department may bring an action against such person in the amount of the damages sustained by the claimant. The department is also subrogated to the cause of action of the claimant against one or more third parties liable for the acts of the person responsible for such injury or death. If the department brings an action pursuant to this section and the judgment is greater than the amount of compensation paid to the claimant plus the costs incurred by the department in pursuing such action, the balance of the judgment shall be paid to the claimant.
In addition to the authority of the department to bring an action under this section, the claimant may bring an action to recover damages. In any such action, the department holds subrogation rights and the claimant shall join the department as a party to such action.
If any judgment or verdict pursuant to an action under this section indicates separate awards for economic loss and noneconomic loss, payments on such judgment or verdict shall be allocated between the losses in proportion to the amounts indicated. In any such action, the judge, upon timely motion, shall direct the jury to return a special verdict, which verdict shall indicate separately the awards for noneconomic loss, punitive damages, and economic loss.
Source: SL 1991, ch 201, § 34.
23A-28B-35. Fraudulent claim prohibited--Violation as misdemeanor or felony.
No person may submit a fraudulent application or claim for a victims' compensation award, may intentionally make or cause to be made any false statement or representation of a material fact in a claim, or may intentionally conceal or fail to disclose information affecting the amount of or the initial or continued right to any such claim or award when reasonably requested to provide such information by the department or the commission.
Any person who violates the provisions of this section is guilty of a Class 1 misdemeanor if the application or claim is in an amount of one thousand dollars or less. Any person who violates the provisions of this section is guilty of a Class 4 felony if the application or claim is in an amount exceeding one thousand dollars.
Any person who violates the provisions of this section forfeits any benefit received under this chapter and shall reimburse the state for any such payments received or paid to or on behalf of that person.
The state has a civil cause of action for relief against any person who violates this section in the amount of damages which the state has sustained as a result of such violation and, in addition, for punitive damages in an amount not more than double the amount of damages which the state has sustained, together with interest, plus the cost of such suit.
Source: SL 1991, ch 201, § 35; SL 2006, ch 130, § 6.
23A-28B-36. Confidentiality of records and reports.
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.
Source: SL 1991, ch 201, § 36.
23A-28B-37. Application hearing open to public--Exceptions.
Any hearing held on an application is open to the public. The record of such hearing is a public record, unless the commission determines that a closed hearing is necessary because:
(1) The alleged offender has not been brought to trial and a public hearing would adversely affect the alleged offender's apprehension or trial;
(2) The victim or alleged offender is a minor;
(3) A public hearing would cause trauma for the victim; or
(4) A public hearing would frustrate rather than further the interests of justice.
Source: SL 1991, ch 201, § 37; SL 2004, ch 167, § 4.
23A-28B-38. Privileged communications.
No privilege exists, except that privilege arising from the attorney-client relationship, with regard to communications or records relevant to an issue regarding the physical, mental, or emotional condition of a claimant or victim in a proceeding under this chapter if such condition is an element.
Source: SL 1991, ch 201, § 38.
23A-28B-39. Assistant attorney general to advise department and commission--Litigation assistance.
The attorney general shall appoint an assistant attorney general to act as legal advisor to the department and to the commission toward administration of this chapter. Upon request by the department or commission, such assistant attorney general shall represent the department or commission in litigation in which the department or commission is a party or has an interest.
Source: SL 1991, ch 201, § 39.
23A-28B-40. Crime victims' compensation fund--Establishment--Purposes.
There is established within the state treasury the crime victims' compensation fund, into which shall be deposited surcharges collected pursuant to § 23A-28B-42, deductions from prison industries revenues or inmate wages pursuant to subdivision 24-7-3(1), contributions, grants, payments ordered by the court, interest received on moneys in the fund, and all other fees and moneys collected for the purposes of this chapter. This fund shall be used for the purposes of paying compensation awards and administering the crime victims' compensation program as provided for in this chapter. The fund may also be used as provided in § 23A-28B-40.1.
Source: SL 1991, ch 201, § 40; SL 1993, ch 183, § 1; SL 2020, ch 99, § 1.
23A-28B-40.1 . Emergency expenses--Requests for reimbursement.
The department may use the crime victims' compensation fund to reimburse a law enforcement agency or law enforcement officer for any actual expenses incurred for the payment of emergency expenses, including food and shelter, for any person if:
(1) A law enforcement officer reasonably believes the person was the victim of a crime; and
(2) No other services were reasonably available for the victim at the time.
Any law enforcement agency or law enforcement officer seeking reimbursement under this section shall submit to the department a request and the receipts for the expenses incurred for any victim as provided in this section.
Source: SL 2020, ch 99, § 2.
23A-28B-41. Payments from fund--Warrants--Vouchers.
Expenditures authorized by this chapter from the crime victims' compensation fund shall be paid on warrants drawn by the state auditor on vouchers approved by the secretary of the department.
Source: SL 1991, ch 201, § 41.
23A-28B-42. Compensation surcharge for certain crimes--Waiver.
In any criminal action for a violation of state law or county or municipal ordinance, in addition to any other liquidated cost, penalty, assessment, surcharge, or fine provided by law, there shall be levied a crime victims' compensation surcharge on each Class 2 misdemeanor, Class 1 misdemeanor, or felony conviction of five dollars.
However, the surcharge imposed by this section does not apply to violations relating to parking of vehicles. In a case of clear financial hardship when a fine is suspended in whole or in part, the surcharge provided for in this section may be waived.
Source: SL 1991, ch 201, § 42; SL 2018, ch 145, § 6.
23A-28B-43. Collection of compensation surcharge--Disbursement.
The clerk of courts of each county shall collect any surcharge levied under § 23A-28B-42 and shall transmit the collected surcharges within thirty days to the state treasurer who shall place the money received in the crime victims' compensation fund. For administration of surcharge collection, the Unified Judicial System shall receive one and one half percent of the surcharge funds collected, to be deposited in the court automation fund. The department shall receive thirteen and one half percent of surcharge funds collected for costs associated with administering claims and for providing administrative services to the commission. Any expenditures authorized from the fund shall be paid on warrants drawn by the state auditor on vouchers approved by the secretary of the department.
Source: SL 1991, ch 201, § 43; SL 2018, ch 145, § 7.
23A-28B-44. No awards before July 1, 1992.
No award of compensation may be made for a crime that occurs before July 1, 1992.
Source: SL 1991, ch 201, § 44; SL 2018, ch 145, § 5.
