A Victim's Bill of Rights was established by the Legislature in South Dakota Codified Law (SDCL) 23A-28C-1. The law provides victims with several rights, including notification of court proceedings and the right to attend those proceedings, the right to receive restitution if ordered by the court, the right to testify and provide victim impact statement to the court.
In regard to the Department of Corrections, the Victim's Bill of Rights includes notification of the defendant's release from custody, which includes:
To provide written input at parole and clemency hearings or with respect to clemency by the Governor, should those options be considered;
Notice of the defendant's escape from custody and return to custody following escape;
Notice of any other release from custody, including placement in an intensive supervision program or other alternative disposition, and any associated conditions of release;
Notice of parole; and
Notice of pending release of an inmate due to expiration of sentence.
The Department of Corrections has established a Victim Notification Program, designed to meet the notification standards. To apply for Victim Notification, visit the Forms section of our website.
Crime Victim Compensation
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.
The Victim's Compensation Program is run by the Department of Social Services. You can find more information on the program on the DSS website.
More information on Victim's Rights is located in the Frequently Asked Questions section on our website.