Frequent Questions

Victims Rights

What is a victim?

The definition of a victim can be found in South Dakota Codified law (SDCL) 23A-28C-4.

What rights do victims have?

A Victim's Bill of Rights was established by the legislature in SDCL 23A-28C-1. In regard to the Department of Corrections, it includes notification of the defendant's release from custody, which includes:

  1. Notice of the defendant's escape from custody and return to custody following escape;
  2. Notice of any other release from custody, including placement in an intensive supervision program or other alternative disposition, and any associated conditions of release;
  3. Notice of parole; and
  4. Notice of pending release of an inmate due to expiration of sentence.

SDCL also allows for victims of crime to receive restitution, if the victim requests it, whether the convicted criminal is probated or incarcerated, unless the court or parole board provides to the victim on the record specific reasons for choosing not to require it; and to provide written input with respect to commutations of sentences by the Governor, should this be considered.

How can a victim request notification of an inmate's release from custody (including escape or parole)?

SDCL 23A-28C-2 requires that at the commencement of a criminal proceeding, the prosecutor shall advise the victim of their rights by first class mail. In order to take advantage of such rights, the victim shall advise the prosecutor of the desire to participate. A victim may choose to participate only in certain enumerated phases of the proceedings.

A victim wishing to participate shall advise the prosecutor or the DOC of the place where notifications 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 keep record of that notification and most recent place of notification through the time of the defendant's final discharge from the criminal justice system. If the defendant is sentenced to the state prison system, the prosecutor shall forward the information to the Department of Corrections and the Department of Corrections shall keep record of the request for notification and the most recent place of notification until the defendant's final discharge from prison and parole. The request for notification and the place of notification is confidential and may not be disclosed to the defendant.

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