The South Dakota Crime Victims' Compensation Program was created to provide monetary assistance to victims of violent crimes and is administered by the Department of Social Services. Up to $10,000 may be paid for certain expenses incurred as a direct result of personal injury to or death of the victim from the crime. The expenses must be reasonable in amount and may include medical
expenses, mental health counseling expenses, mileage to attend treatment, funeral and burial expenses, loss of earnings or support, dental and prosthetic devices, eyeglasses or corrective lenses, homicide scene cleanup expenses, replacement costs for personal property used as evidence, and other similar expenses. Compensation cannot be paid for other property losses, attorneys fees or pain and suffering. In addition, the Program is a last resort for payment: in most cases, payments can only be made if there is no other source
of payment including private health insurance for the victim,
other public programs, etc. Compensation may be paid for expenses for the primary victim as well as limited compensation for certain secondary victims including witnesses to the crime, family members of a homicide victim, the spouse of a rape victim and parents of a child who has been physically or sexually abused.
If you have been a victim of violent crime, or you have suffered physical injury as a result of...
- a criminal attack;
- trying to stop a person committing a crime;
- trying to help a law enforcement officer;
- trying to help a victim of a crime; or
- witnessing a violent crime;
you may file a claim for compensation from the South Dakota Crime Victims Compensation Program. However, not all crimes or expenses are covered.
THE COMPENSATION PROGRAM
Awards of compensation of up to $10,000 may be made from the SD Victims’ Compensation Fund. Compensation is approved by the Department of Social Services or a five person commission and funded through a court surcharge on criminal offenders. Compensation is available only to the extent that funds are generated from the surcharge: no compensation can be awarded when money is not available and compensation is only available for persons who meet the eligibility requirements.
WHO CAN APPLY?
- An innocent victim of a violent crime who has suffered harm;
- dependent of a deceased victim; or
- A person authorized to act on behalf of a victim or a dependent;
- Parents or other family members under limited circumstances.
ELIGIBILITY REQUIREMENTS
- The crime must have occurred on or after July 1, 1992.
- The crime must be reported to law enforcement within 5 days of
its occurrence or when a report could have reasonably been made.
- The claim for compensation must be filed within one year of injury or death unless good cause is shown.
- The victim and claimant
must reasonably cooperate in all investigations and prosecutions of the incident.
- Compensation cannot be awarded to a claimant if it would unjustly benefit the offender or accomplice.
- Crime victims are eligible to apply for compensation whether or not the crime falls under tribal, state, or federal jurisdiction.
FILING A CLAIM
- You must file a Crime Victims’ Compensation Application form.
- Forms are available from all local law enforcement agencies, the State Department of Social Services or the Office of the Attorney General.
TYPES OF ASSISTANCE
Compensation may be
available for expenses incurred as a direct result of the
criminal acts of another person if not covered by another
source. Examples of expenses covered under the law are:
medical care, rehabilitation, funeral expenses, loss of
income, counseling, dental expenses child care costs and
mileage to obtain treatment.
- No attorney is needed and compensation cannot be paid for attorneys fees.
- There is no filing fee.
EMERGENCY AWARDS
Emergency awards up to
$1,000 may be made under extraordinary circumstances if it is
likely that undue hardship will result to a claimant if an
immediate award is not made. An award may be made for
immediate verifiable needs as a result of loss of income or
support, emergency medical expenses or funeral expenses. Any
emergency award will be deducted from the final award made to
the claimant and must be deducted from expenses already
incurred.
THE CLAIM PROCESS
Upon receipt of the
application, an investigation is conducted to verify all the
information. Law enforcement, witnesses, physicians, service
providers, ect. are contacted for reports.
A five member commission
reviews all claims over $2,000 and decides whether the claim
qualifies under the law and the amount of the payment. All
claims under $2,000 are reviewed by the Department of Social
Services under guidelines set by the commission.
FOR MORE
INFORMATIONCONTACT:
1-800-696-9476
Crime
Victims’ Compensation Program
Department of Social Services
Office of Adult Services
700 Governors Dr.
Pierre, SD 57501-2291
(605) 773-6317
FAX (605) 773-6834
E-Mail AS&A@DSS.STATE.SD.US
KNOW YOUR
RIGHTS TO:
1. Protection from the accused
offender.
2. Have court proceedings explained.
3. Be notified of and present at all public proceedings.
4. Provide input on sentencing, bail or bond hearings and
parole hearings.
5. Restitution from the offender.
6. Be notified of the offender’s release from custody.
7. Request testing for certain infectious
diseases.