South Dakota Administrative Rules
Title 67 - Department of Social Services
Article 67:55 - Crime victims' compensation
Chapter 67:55:01 - General provisions
Section 67:55:01:05 - Circumstances when compensation not allowed
Current through Register Vol. 51, page 43, September 23, 2024
In addition to the circumstances contained in SDCL 23A-28B-25, compensation is not allowed for any of the following circumstances:
(1) Accidental discharge of a firearm or other weapon;
(2) Obscene telephone calls;
(3) Motor vehicle accidents, unless the offender's conduct constituted driving under the influence, vehicular battery, vehicular homicide, or reckless driving;
(4) Except for first-degree burglary, property crimes including second- and third-degree burglary, theft, or arson;
(5) Cost and fees incurred by the victim or claimant in connection with a civil action;
(6) Instances in which the individual had a property loss but did not suffer a personal injury;
(7) Expenses resulting from a crime when the claimant knew of the crime but failed to report it; or
(8) Expenses incurred as a result of crimes committed against a victim who is an inmate in a public institution.
General Authority: SDCL 23A-28B-33.
Law Implemented: SDCL 23A-28B-25, 23A-28B-40.