S.D. Admin. R. 67:55:01:05

Current through Register Vol. 51, page 57, November 12, 2024

Section 67:55:01:05 - Circumstances when compensation not allowed

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.

S.D. Admin. R. 67:55:01:05

30 SDR 116, effective 2/4/2004; 36 SDR 51, effective 10/12/2009; 48 SDR 016, effective 8/30/2021

General Authority: SDCL 23A-28B-33.

Law Implemented: SDCL 23A-28B-25, 23A-28B-40.