ARSD Article 67:55 — CRIME VICTIMS' COMPENSATION

SOCIAL SERVICES SOCIAL SERVICES

Chapter 67:55:01 General provisions

ARSD 67:55:01:01 Repealed

Pregnancy resulting from sexual assault.** Repealed.

History

• Source: 19 SDR 121, effective February 21, 1993; transferred from § 17:11:01:01, effective July 1, 1997; repealed, 30 SDR 116, effective February 4, 2004.

ARSD 67:55:01:02 Repealed

Medical expenses defined.** Repealed.

History

• Source: 19 SDR 121, effective February 21, 1993; transferred from § 17:11:01:02, effective July 1, 1997; repealed, 30 SDR 116, effective February 4, 2004.

ARSD 67:55:01:03 Definitions

Terms used in this article have the same meaning as those terms defined in SDCL 23A-28B-1. In addition, the following definitions apply:

(1) "Inmate," an individual as defined in § 17:10:01:10.

History

• Source: 30 SDR 116, effective February 4, 2004; 36 SDR 51, effective October 12, 2009.
• General Authority: SDCL 23A-28B-33.
• Law Implemented: SDCL 23A-28B-40.

ARSD 67:55:01:04 Application

A claimant seeking compensation under this article must submit a completed application for compensation signed by the claimant, to the department.

A claimant applying for an emergency award must indicate on the application that it is an emergency application and must attach a written statement explaining the undue hardship that will result to the claimant if an emergency award is not given.

Compensation under this chapter is limited to the following claimants:

(1) The victim;

(2) An immediate family member representing the victim;

(3) The victim's guardian or conservator, if the victim is a minor or protected person; or

(4) In the event of personal injury to or death of the victim, the individual responsible for maintenance of the victim or the administration of the victim's estate.

Entities may not submit an application for compensation under this chapter.

History

• Source: 30 SDR 116, effective February 4, 2004; 36 SDR 51, effective October 12, 2009; 53 SDR 22, effective September 8, 2026.
• General Authority: SDCL 23A-28B-33.
• Law Implemented: SDCL 23A-28B-11, 23A-28B-12, 23A-28B-15, 23A-28B-40.

ARSD 67:55:01:05 Repealed

Circumstances when compensation not allowed. Repealed.

History

• Source: 30 SDR 116, effective February 4, 2004; 36 SDR 51, effective October 12, 2009; 48 SDR 18, effective August 30, 2021.

ARSD 67:55:01:06 Payment not allowed if victim's conduct contributed substantially to victim's injury or death

Payment is not allowed if the victim's conduct contributed substantially to the victim's injury or death. When determining whether substantial contributory conduct exists, the department shall consider the victim's account of the crime, law enforcement reports, court transcripts and statements, and observations of witnesses.

History

• Source: 30 SDR 116, effective February 4, 2004; 36 SDR 51, effective October 12, 2009.
• General Authority: SDCL 23A-28B-33.
• Law Implemented: SDCL 23A-28B-25, 23A-28B-40.

ARSD 67:55:01:07 Good cause criteria for failing to apply within one year

When determining whether good cause exists for failing to apply for assistance within one year, the department shall consider the following:

(1) The claimant's age;

(2) The claimant's physical and psychological condition;

(3) Evidence such as medical records or verifiable reports from other third parties that substantiate the claimant's health or safety would have been jeopardized if the crime had been reported in a timely manner;

(4) Evidence that substantiates the claimant was not aware of this program. Evidence may consist of a written statement from the claimant that contains information as to how and when the claimant became aware of the program; and

(5) Evidence that substantiates the claimant thought the bills would be paid by a collateral source. Evidence may consist of a copy of a written notice or letter of denial concerning payment of the bill by the collateral source.

Cross-Reference: Definition of collateral source, SDCL 23A-28B-22.

History

• Source: 30 SDR 116, effective February 4, 2004.
• General Authority: SDCL 23A-28B-33.
• Law Implemented: SDCL 23A-28B-25, 23A-28B-40.

ARSD 67:55:01:08 Cooperation with law enforcement

The department shall consider the following when determining whether the claimant cooperated with law enforcement:

(1) Whether the claimant cooperated in both the investigation and prosecution of the crime; and

(2) Whether the claimant made an effort to comply with the requests from law enforcement personnel, including giving a statement to police, submitting to one or more follow-up interviews by police, submitting requested evidence, agreeing to testify, viewing photographs or a line-up of suspects, meeting with prosecutors, and appearing for court proceedings.

History

• Source: 30 SDR 116, effective February 4, 2004.
• General Authority: SDCL 23A-28B-33.
• Law Implemented: SDCL 23A-28B-25, 23A-28B-40.

ARSD 67:55:01:09 Eligibility if South Dakota resident victim of crime in another jurisdiction

If a resident of South Dakota is a victim of a crime that occurred in another jurisdiction outside the state of South Dakota, the victim may apply for compensation under the provisions of this chapter if one of the following conditions is met:

(1) The jurisdiction where the crime occurred does not have a crime victim's compensation law; or

(2) The jurisdiction where the crime occurred has a crime victim's compensation law but the individual applied for and was determined to be ineligible to receive benefits.

An individual may not apply for benefits under this chapter if the jurisdiction where the crime occurred has a crime victim's compensation law but it does not cover the particular expense claimed or it has paid the maximum amount payable under that jurisdiction's law.

History

• Source: 30 SDR 116, effective February 4, 2004.
• General Authority: SDCL 23A-28B-33.
• Law Implemented: SDCL 23A-28B-2, 23A-28B-40.

ARSD 67:55:01:10 Payment to service provider

The department shall make payment directly to the service provider unless the claimant provides proof that the services were paid by the claimant.

History

• Source: 30 SDR 116, effective February 4, 2004.
• General Authority: SDCL 23A-28B-33.
• Law Implemented: SDCL 23A-28B-24, 23A-28B-40.

ARSD 67:55:01:11 Payment considered payment in full -- Exceptions

Payments made under this article are considered payment in full unless one of the following circumstances exists and the department paid only a portion of the amount allowed:

(1) The victim's claims exceeded the limit of compensation established in SDCL 23A-28B-21;

(2) The services provided were not entirely the result of the crime;

(3) The cost of the service was found to be unreasonable; or

(4) The amount paid was reduced by the amount due from a collateral source.

In no case may the payments made under this article exceed the limits established in SDCL chapter 23A-28B.

Cross-References:

Circumstances not permitting award of compensation, SDCL 23A-28B-25.

Mental health services -- Payment limits, § 67:55:04:04.

Circumstances when compensation not allowed, § 67:55:01:05.

History

• Source: 30 SDR 116, effective February 4, 2004.
• General Authority: SDCL 23A-28B-20, 23A-28B-33.
• Law Implemented: SDCL 23A-28B-20, 23A-28B-22, 23A-28B-40.

ARSD 67:55:01:12 Record retention

Unless the department has received notice of a claim, litigation, negotiation, or other action involving the record, the department is not required to retain a record of the application or related records for more than six years after the date the claim is closed.

History

• Source: 30 SDR 116, effective February 4, 2004.
• General Authority: SDCL 23A-28B-33.
• Law Implemented: SDCL 23A-28B-40.

ARSD 67:55:01:13 Payment from fund if collateral source exists

If a collateral source exists, either the service provider or the claimant must verify that the claim was submitted to the collateral source for payment. Before payment is made from the fund, either the provider or the claimant must provide to the department documentation that either verifies the amount paid by the collateral source or specifies the claimant or the service was not covered by the collateral source.

History

• Source: 30 SDR 116, effective February 4, 2004.
• General Authority: SDCL 23A-28B-33.
• Law Implemented: SDCL 23A-28B-22, 23A-28B-40.

Chapter 67:55:02 Commission hearings

ARSD 67:55:02:01 Transferred

Transferred to § 67:55:04:24.**

ARSD 67:55:02:02 Transferred

Transferred to § 67:55:04:25.**

ARSD 67:55:02:03 Repealed

Order of business.** Repealed.

History

• Source: 19 SDR 121, effective February 21, 1993; transferred from § 17:11:02:03, effective July 1, 1997; repealed, 30 SDR 116, effective February 4, 2004.

ARSD 67:55:02:04 Repealed

Evidence to verify claim.** Repealed.

History

• Source: 19 SDR 121, effective February 21, 1993; transferred from § 17:11:02:04, effective July 1, 1997; repealed, 30 SDR 116, effective February 4, 2004.

ARSD 67:55:02:05 Reserved

ARSD 67:55:02:06 Notice of hearing

If a claimant requests a review of a claim under the provisions of SDCL 23A-28B-32, the department shall notify the claimant and the claimant's authorized representative, if applicable, in writing, at least thirty days before the review hearing. The notice must contain the following information:

(1) A statement that the claimant may choose not to appear or may choose to appear in person or by telephone or video conference technology;

(2) A statement that, if the claimant chooses not to appear, the commission must review the claim and enter its final decision;

(3) A statement as to the time and place of the hearing;

(4) A statement that either the claimant or the commission, or both, may be represented by an attorney or other authorized representative, or by self-representation;

(5) A statement that no provisions exist for the payment of the claimant's legal fees by either the department or the commission;

(6) A statement that, if the hearing is conducted via telephone or video conference technology, the claimant must submit to the commission, at least ten days before the hearing date, any additional evidence the claimant wishes the commission to consider. The commission shall exclude from the record any evidence that is not submitted prior to the deadline;

(7) A statement that, if the claimant chooses not to appear, the claimant must submit to the commission, at least ten days before the hearing date, any additional evidence the claimant wishes the commission to consider. The commission shall exclude from the record evidence that is not submitted prior to the deadline;

(8) A statement that, if the hearing is held in person, the claimant must be present at the hearing with any witnesses and any exhibits and documents to be introduced into evidence; and

(9) A statement that service of the notice may be waived by agreement of all parties.

Service of the notice is considered complete when hand-delivered, emailed, or transmitted electronically through the department's database, or when a copy of the notice is deposited in the United States post office, with postage prepaid, addressed to the claimant at the claimant's last known address.

History

• Source: 30 SDR 116, effective February 4, 2004; 36 SDR 51, effective October 12, 2009; 53 SDR 22, effective September 8, 2026.
• General Authority: SDCL 23A-28B-4.
• Law Implemented: SDCL 23A-28B-4(1), 23A-28B-32.

ARSD 67:55:02:07 Claimant unable to attend hearing

If the claimant chose to appear either by telephone or in person but is unable to attend, the claimant must notify the commission at least five working days before the date of the scheduled hearing. The claimant may notify the commission orally; however, oral notice must be followed up with a written notification signed by the claimant. The commission shall set a second hearing date and provide notice according to § 67:55:02:06.

If a second hearing date is scheduled and the claimant fails to appear either by telephone or in person, the commission shall review the claim and make a final determination on the claim without the claimant being present.

If the claimant does not notify the commission before the scheduled hearing, the commission shall proceed with the review and final determination of the claim.

History

• Source: 30 SDR 116, effective February 4, 2004.
• General Authority: 23A-28B-4.
• Law Implemented: 23A-28B-4, 23A-28B-32.

ARSD 67:55:02:08 Evidence

The commission shall receive as evidence any statement, document, or information necessary to afford the claimant a fair hearing. Evidence may include items such as hospital records or reports, physicians' reports, or mental health counselor's reports that contain proof of the injuries sustained. The burden of proof is on the claimant to show that the claim is reasonable and is compensable under the provisions of this article.

The commission may consider information discovered as a result of an independent investigation such as records of medical payments by third parties or any other payments to or on behalf of the claimant, the claimant's financial need, and statements of witnesses or acquaintances.

If an individual has been convicted of an offense with respect to an act on which a claim is based, proof of that conviction is taken as conclusive evidence that the offense was committed, unless an appeal or a proceeding with regard to it is pending. The fact that the identity of the assailant is unknown or that the assailant has not been prosecuted or convicted may not raise a presumption that the claim is invalid.

History

• Source: 30 SDR 116, effective February 4, 2004.
• General Authority: 23A-28B-4.
• Law Implemented: 23A-28B-4, 23A-28B-9, 23A-28B-23, 23A-28B-32.

ARSD 67:55:02:09 Subpoenas

Subpoenas issued by the commission requiring the attendance of witnesses or for the production of documentary evidence shall be served according to SDCL 15-6-45. Witness fees and mileage are payable according to SDCL 19-5-1.

History

• Source: 30 SDR 116, effective February 4, 2004.
• General Authority: 23A-28B-4.
• Law Implemented: 23A-28B-4, 23A-28B-17, 23A-28B-32.

ARSD 67:55:02:10 Final decision by commission

Based on the testimony received, the evidence provided, and the results of any independent investigation, the commission shall enter its final decision as determined by a majority of the commission members. The decision is final and conclusive as to all matters adjudicated.

History

• Source: 30 SDR 116, effective February 4, 2004.
• General Authority: 23A-28B-4.
• Law Implemented: 23A-28B-4, 23A-28B-32.

ARSD 67:55:02:11 Notice of final decision

The department shall notify the claimant of the commission's final decision within fifteen business days following the date of the hearing. The notice must be in writing and delivered via regular mail, hand delivery, electronic mail, or electronically through the department's database. If the claim is approved, the notice must specify the amount of the claim and the amount payable for each eligible service provider, if known. If the commission denies the claim, the notice must specify the reason for the denial.

History

• Source: 30 SDR 116, effective February 4, 2004; 36 SDR 51, effective October 12, 2009; 53 SDR 22, effective September 8. 2026.
• General Authority: 23A-28B-4.
• Law Implemented: 23A-28B-4(1), 23A-28B-32.

Chapter 67:55:03 Incarcerated victims, Repealed

ARSD 67:55:03 Repealed chapter

CHAPTER 67:55:03

INCARCERATED VICTIMS

(Repealed. 30 SDR 116, effective February 4, 2004)

Chapter 67:55:04 Claims

ARSD 67:55:04:01 Definitions

67:55:04:01 Definitions. As used in this chapter:

(1) "Mental health services," means the assessment, diagnosis, and treatment of an individual's mental and emotional functioning that is required to alleviate the psychological trauma that resulted from a crime;

(2) "Immediate family," means the victim's spouse, children, mother, father, brothers, sisters, grandparents, grandchildren, great-grandparents, great-grandchildren, stepchildren, and stepparents.

History

• Source: 30 SDR 116, effective February 4, 2004; 36 SDR 51, effective October 12, 2009; 46 SDR 42, effective October 1, 2019.
• General Authority: SDCL 23A-28B-33.
• Law Implemented: SDCL 23A-28B-40.

ARSD 67:55:04:02 Limit of compensation

Payment made to any claimant under the provisions of this chapter may not exceed the limit established in SDCL 23A-28B-21.

History

• Source: 30 SDR 116, effective February 4, 2004; 36 SDR 51, effective October 12, 2009.
• General Authority: SDCL 23A-28B-33.
• Law Implemented: SDCL 23A-28B-19, 23A-28B-40.

ARSD 67:55:04:03 Mental health services

Payment for mental health services is limited to assessment, diagnosis, and treatment, including individual or group counseling sessions provided by a mental health professional for up to 24 months immediately following the date of the crime. 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.

If the mental health professional providing services needs the assistance of an interpreter, payment for the interpreter may be compensated unless the agency is otherwise required to provide an interpreter.

No compensation is allowed for mental health services provided for the purpose of determining a child's custody.

Mental health services provided by an individual whose position is funded in whole or in part by federal funds or whose position is used as a match for federal funds are not compensable services.

A claim for mental health services must contain the length of each counseling session and the name of the individual who provided the service. For purposes of this section, a session is 50 minutes. The department shall prorate the payment for a session that lasts less than 50 minutes.

History

• Source: 30 SDR 116, effective February 4, 2004; 36 SDR 51, effective October 12, 2009; 46 SDR 42, effective October 1, 2019; 48 SDR 18, effective August 30, 2021.
• General Authority: SDCL 23A-28B-33.
• Law Implemented: SDCL 23A-28B-19, 23A-28B-40.

ARSD 67:55:04:04 Mental health services --Qualifications of a provider

Mental health services -- Qualifications of a provider.** Mental health services must be provided by an individual who meets one of the following requirements:

(1) Holds a bachelor's degree in counseling, psychology, social work, or a related field, is licensed as a social worker, and works under the supervision of a qualified mental health professional;

(2) Holds a master's degree in counseling, psychology, or social work and is licensed or certified as a professional counselor, social worker, or therapist;

(3) Holds a doctor's degree in psychology or medicine.

Cross-References:

Qualifications of a certified social worker, SDCL 36-26-14.

Qualifications for social worker's license, SDCL 36-26-15.

Application requirements -- Licensed professional counselor, SDCL 36-32-13.

Application for license -- Fee -- Requirements for license -- Marriage and family therapist, SDCL 36-33-9.

Qualifications of mental health professionals, SDCL 27A-1-3.

History

• Source: 30 SDR 116, effective February 4, 2004; 36 SDR 51, effective October 12, 2009.
• General Authority: SDCL 23A-28B-20, 23A-28B-33.
• Law Implemented: SDCL 23A-28B-19, 23A-28B-20, 23A-28B-40.

ARSD 67:55:04:05 Transportation expenses

Payment for transportation expenses is limited to the following:

(1) Mileage accrued for the purpose of obtaining services located out of the claimant's city of residence. The department considers the claimant's city of residence to be the city used as the claimant's mailing address;

(2) Mileage accrued for the victim to obtain treatment and therapy;

(3) Mileage accrued for the victim to attend court proceedings;

(4) Mileage accrued for the victim to meet with law enforcement;

(5) Mileage accrued for transporting the victim to a hospital or medical facility for a sexual assault examination;

(6) Mileage accrued for the immediate family of a homicide victim to attend court proceedings;

(7) Mileage accrued for the immediate family of a homicide victim to attend funeral services;

(8) Mileage related to a forensic examination of the victim;

(9) Lodging expenses associated with travel for the above stated purposes.

Unless good cause is shown, payment is not allowed for mileage and lodging accrued to obtain services from a provider located out of state.

Reimbursement is not allowed for those costs that are related to the prosecution of a case and are the responsibility of either the county or the state.

Cross-Reference: Transportation expenses -- Good cause criteria for payment of out-of-state mileage, § 67:55:04:06.

History

• Source: 30 SDR 116, effective February 4, 2004; 36 SDR 51, effective October 12, 2009.
• General Authority: SDCL 23A-28B-20, 23A-28B-33.
• Law Implemented: SDCL 23A-28B-19, 23A-28B-20, 23A-28B-40.

ARSD 67:55:04:06 Transportation expenses -- Good cause criteria for payment of out-of-state mileage

Good cause criteria for the payment of mileage to enable a claimant to obtain services from a provider located out of South Dakota consists of the following:

(1) The claimant's residence is located close to a bordering state;

(2) The claimant has moved to another state;

(3) Comparable services are not available in South Dakota; or

(4) The claimant's physician or qualified mental health professional has referred the claimant to the out-of-state provider.

History

• Source: 30 SDR 116, effective February 4, 2004.
• General Authority: SDCL 23A-28B-33.
• Law Implemented: SDCL 23A-28B-40.

ARSD 67:55:04:07 Transportation expenses -- Rate of payment

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.

History

• Source: 30 SDR 116, effective February 4, 2004; 36 SDR 51, effective October 12, 2009; 51 SDR 1, effective July 1, 2024.
• General Authority: SDCL 23A-28B-20, 23A-28B-33.
• Law Implemented: SDCL 23A-28B-19. 23A-28B-20, 23A-28B-40.

ARSD 67:55:04:08 Lost earnings -- Payment limits

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;

(2) If the claimant is the parent of a child who was a victim, 40 hours for lost earnings; or

(3) If the claimant is the parent or spouse of a homicide victim, 40 hours for lost earnings.

In order to be compensated for lost earnings or loss of future earnings, the claimant must have been employed at the time the crime was committed.

The amount of lost earnings or the loss of future earnings a claimant is eligible to receive is calculated according to SDCL 23A-28B-20.

An application for lost earnings may include the hours the individual was absent from work to meet with law enforcement, attend funeral services, attend court proceedings, or receive treatment or follow-up treatment. The application may not include hours for which the individual used and was paid for sick or annual leave.

History

• Source: 30 SDR 116, effective February 4, 2004; 36 SDR 51, effective October 12, 2009; 48 SDR 18, effective August 30, 2021.
• General Authority: SDCL 23A-28B-20, 23A-28B-33.
• Law Implemented: SDCL 23A-28B-19, 23A-28B-20, 23A-28B-40.

ARSD 67:55:04:09 Loss of support -- Victim's dependent

Loss of support may be paid to a victim's dependents if the victim was providing support before the date the crime occurred. Payment made for lost support is limited to the 36-month period immediately following the date the crime occurred or, if the claim is on behalf of the victim's dependent child or children, the date the victim's last dependent child reaches the age of 19, whichever occurs first The claimant must supply documentation to the department that verifies the amount of support provided by the victim prior to the crime. The amount of lost support a claimant is eligible to receive is calculated according to SDCL 23A-28B-20.

History

• Source: 30 SDR 116, effective February 4, 2004; 36 SDR 51, effective October 12, 2009.
• General Authority: SDCL 23A-28B-33.
• Law Implemented: SDCL 23A-28B-19, 23A-28B-20, 23A-28B-40.

ARSD 67:55:04:09.01 Loss of support -- Victim

Loss of support may be paid to a victim of the offender if the offender was providing support to the victim before the date the crime occurred. Payment made for lost support is limited to the 36-month period immediately following the date the crime occurred or, if the claim is on behalf of the offender's dependent child or children who are also victims of the offender, the date the last dependent child reaches the age of 19, whichever occurs first. The claimant must supply documentation to the department that verifies the amount of support provided by the offender prior to the crime. The amount of lost support a claimant is eligible to receive is calculated according to SDCL 23A-28B-20.

History

• Source: 36 SDR 51, effective October 12, 2009; 48 SDR 18, effective August 30, 2021.
• General Authority: SDCL 23A-28B-33.
• Law Implemented: SDCL 23A-28B-19, 23A-28B-20, 23A-28B-40.

ARSD 67:55:04:10 Loss of personal property

The replacement cost of personal property used for evidentiary purposes is payable if the property is not later returned.

History

• Source: 30 SDR 116, effective February 4, 2004; 36 SDR 51, effective October 12, 2009.
• General Authority: SDCL 23A-28B-33.
• Law Implemented: SDCL 23A-28B-19, 23A-28B-40.

ARSD 67:55:04:11 Child care expenses

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.

History

• Source: 30 SDR 116, effective February 4, 2004; 36 SDR 51, effective October 12, 2009.
• General Authority: SDCL 23A-28B-20, 23A-28B-33.
• Law Implemented: SDCL 23A-28B-19, 23A-28B-20, 23A-28B-40.

ARSD 67:55:04:12 Security devices

Expenses for security devices, including digital security cameras, are payable. The monthly service cost, if any, of a security device installed for the benefit of a victim is the victim's responsibility.

Payment for security devices may not exceed $500, including materials and labor. No payment may be made for cell phones, guns, or guard dogs.

Cross-Reference: Definition of security devices, SDCL 23A-28B-1.

History

• Source: 30 SDR 116, effective February 4, 2004; 36 SDR 51, effective October 12, 2009; 48 SDR 18,.effective August 30, 2021.
• General Authority: SDCL 23A-28B-33.
• Law Implemented: SDCL 23A-28B-40.

ARSD 67:55:04:13 Medical expenses resulting from sexual assault

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.

Reimbursement is not allowed for rape or sexual offense examinations provided under the provisions of SDCL 22-22-26.

History

• Source: 30 SDR 116, effective February 4, 2004.
• General Authority: SDCL 23A-28B-33.
• Law Implemented: SDCL 23A-28B-19, 23A-28B-40.

ARSD 67:55:04:14 Homicide scene expenses

Expenses associated with cleaning up or repairing windows and locks at a homicide scene are eligible for payment. A victim's family member is not eligible to receive payment under this section. Payment for homicide scene cleanup may not exceed one thousand five hundred dollars.

Cross-Reference: Definition of homicide scene cleanup expenses, SDCL 23A-28B-1.

History

• Source: 30 SDR 116, effective February 4, 2004; 36 SDR 51, effective October 12, 2009; 53 SDR 22, effective September 8, 2026.
• General Authority: SDCL 23A-28B-20, 23A-28B-33.
• Law Implemented: SDCL 23A-28B-19, 23A-28B-20, 23A-28B-40.

ARSD 67:55:04:15 Chiropractic expenses

Chiropractic expenses are payable; however, no payment is allowed for chiropractic care received more than 12 months after the date the crime occurred.

History

• Source: 30 SDR 116, effective February 4, 2004; 36 SDR 51, effective October 12, 2009.
• General Authority: SDCL 23A-28B-33.
• Law Implemented: SDCL 23A-28B-19, 23A-28B-40.

ARSD 67:55:04:16 Home health services

Payment for home health services is limited to 12 months. Home health services are those medical services necessary to treat the victim of a crime and are provided by a home health agency in response to the attending physician's written orders. The claimant must provide to the department written documentation from either the home health agency or the attending physician that verifies the need for the service.

History

• Source: 30 SDR 116, effective February 4, 2004; 36 SDR 51, effective October 12, 2009.
• General Authority: SDCL 23A-28B-33.
• Law Implemented: SDCL 23A-28B-19, 23A-28B-40.

ARSD 67:55:04:17 Funeral and burial expenses

Payment for basic funeral and burial expenses may not exceed $8,000. Basic funeral and burial expenses include the following services:

(1) The transportation of the body to the funeral home;

(2) The professional care of the remains, including embalming, cremation, cosmetology, minor restorative work, and dressing and casketing of the remains;

(3) The use of facilities for a funeral service;

(4) The cemetery plot;

(5) The casket;

(6) A public notice of the death and the time and place of funeral service;

(7) Opening and closing the grave;

(8) A grave liner;

(9) The transportation of the body and casket by a funeral coach to the cemetery;

(10) Certified copies of the death certificate;

(11) Miscellaneous expenses including clothing for the deceased; fees or gifts for the clergy, soloist, or organist; flowers; food and nonalcoholic beverages; memorial brochures; guest books; acknowledgement cards; give-away items; and if a one-year memorial service is held, the expenses resulting from such service; and

(12) A headstone or grave marker.

Reimbursement is not allowed for alcohol or tobacco or for the transportation, lodging costs, or lost wages or income of family members.

Reimbursement is not allowed if the victim died as a result of a preexisting medical condition and not as a direct result of the physical injuries from the crime.

An itemized receipt is required for reimbursement under this section. No reimbursement is allowed for items described as "general grocery."

History

• Source: 30 SDR 116, effective February 4, 2004; 36 SDR 51, effective October 12, 2009.
• General Authority: SDCL 23A-28B-33.
• Law Implemented: SDCL 23A-28B-19, 23A-28B-40.

ARSD 67:55:04:18 Witness fees

An individual may submit a claim for witness fees and mileage if the individual appears as a witness to present evidence before the commission to support a claim. Fees and mileage are payable according to SDCL 19-5-1.

Cross-Reference: Transportation expenses, § 67:55:04:05.

History

• Source: 30 SDR 116, effective February 4, 2004.
• General Authority: SDCL 23A-28B-33.
• Law Implemented: SDCL 23A-28B-30, 23A-28B-40.

ARSD 67:55:04:19 Time limit for medical expenses -- Extension

Except for mental health expenses covered under § 67:55:04:03 and the costs of medications related to the treatment of a mental condition, 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. If requesting an extension, the claimant must provide written and signed documentation from the attending physician that explains the needed medical service and the reason the service cannot be provided within the 12-month period.

Cross-Reference: Definition of medical expenses, SDCL 23A-28B-1.

History

• Source: 30 SDR 116, effective February 4, 2004; 36 SDR 51, effective October 12, 2009.
• General Authority: SDCL 23A-28B-33.
• Law Implemented: SDCL 23A-28B-40.

ARSD 67:55:04:20 Approval of amounts in excess of payment limits -- Commission approval required

With the exception of an emergency award, the commission may deviate from the limits established in this chapter. The claimant must submit evidence to the commission that substantiates the need for the deviation. Based on the evidence submitted, the commission shall determine whether the deviation is warranted. Within 15 days of the commission's decision, the department shall notify the individual in writing. Under no circumstances may payments exceed the program limits established in SDCL 23A-28B-21.

History

• Source: 30 SDR 116, effective February 4, 2004; 36 SDR 51, effective October 12, 2009.
• General Authority: SDCL 23A-28B-33.
• Law Implemented: SDCL 23A-28B-40.

ARSD 67:55:04:21 Payment reduced if prior conduct resulted in payment on behalf of another victim

The department shall reduce a payment to a victim if the victim was previously an alleged offender whose actions resulted in payment from the fund on behalf of another victim.

The amount of the reduction is calculated by determining the amount that was paid from the fund as a result of the alleged offender's prior actions and deducting any repayments made to the fund from or on behalf of the alleged offender.

History

• Source: 30 SDR 116, effective February 4, 2004.
• General Authority: SDCL 23A-28B-33.
• Law Implemented: SDCL 23A-28B-40.

ARSD 67:55:04:22 Repayment of emergency award

An emergency award that was the result of lost income or support, emergency medical treatment expenses, or funeral and burial expenses shall first be deducted from any amounts payable to the individual for the individual's out-of-pocket losses. If repayment is not fully achieved through this deduction, the department shall reduce on a pro rata basis amounts which would otherwise be payable to other third parties on behalf of the individual.

If the amount of the final payment is less than the emergency award, the individual may be required to repay the difference.

History

• Source: 30 SDR 116, effective February 4, 2004.
• General Authority: SDCL 23A-28B-33.
• Law Implemented: SDCL 23A-28B-27, 23A-28B-40.

ARSD 67:55:04:23 Claim made on behalf of deceased victim's dependent

If a claim is being made on behalf of a deceased victim's dependent, the department may require the claimant to provide the department with legal documentation that substantiates the fact that the individual on whose behalf the claim is being submitted was a dependent of the victim at the time the crime occurred.

History

• Source: 30 SDR 116, effective February 4, 2004.
• General Authority: SDCL 23A-28B-33.
• Law Implemented: SDCL 23A-28B-40.

ARSD 67:55:04:24 Reopening or reinvestigating claims

If one or more of the following occurs, the commission or department may reopen a previously closed claim:

(1) There is new evidence related to a crime;

(2) There is evidence that a crime was not committed;

(3) There is a possibility that the claim was fraudulent;

(4) There is evidence that the victim or claimant is no longer fully cooperating with law enforcement;

(5) There is a need to resolve questions of fact; or

(6) There are additional crime-related expenses and the maximum allowable payment limit has not been reached.

History

• Source: 19 SDR 121, effective February 21, 1993; transferred from § 17:11:02:01, effective July 1, 1997; transferred from § 67:55:02:01, 30 SDR 116, effective February 4, 2004; 36 SDR 51, effective October 12, 2009.
• General Authority: SDCL 23A-28B-33.
• Law Implemented: SDCL 23A-28B-35, 23A-28B-40.

ARSD 67:55:04:25 Revision of award

After reopening or reinvestigating a claim pursuant to § 67:55:04:24, the commission or department may withdraw or reduce an award of compensation. The commission or department may reconsider a decision granting or denying an award based on its own motion or on the request of the claimant. If the commission decides to reconsider the decision granting or denying an award, the commission shall hold a hearing under the provisions of chapter 67:55:02 and the department shall send the claimant a 30-day notice of the hearing according to § 67:55:02:06. The notice may be waived by agreement of all parties.

History

• Source: 19 SDR 121, effective February 21, 1993; transferred from § 17:11:02:02, effective July 1, 1997; transferred from § 67:55:02:02, 30 SDR 116, effective February 4, 2004; 36 SDR 51, effective October 12, 2009.
• General Authority: SDCL 23A-28B-4, 23A-28B-33.
• Law Implemented: SDCL 23A-28B-4, 23A-28B-33.