S.D. Codified Laws § 23A-28C-2

Current through the 2024 Legislative Session
Section 23A-28C-2 - Notice of rights-Victim registration with SAVIN system-Confidentiality

At the commencement of a criminal proceeding subject to the terms of this chapter, the prosecutor, by first class mail or electronic mail notification, shall advise the victim of the rights set forth in this chapter. In order to take advantage of the rights, the victim shall advise the prosecutor of a desire to participate. A victim may choose to participate only in certain enumerated phases of the proceedings. A victim wishing to participate shall register with the SAVIN system, as defined by this chapter, where notifications, including electronic notification, 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 approve the victim's status and shall keep record of that notification through the time of the defendant's final discharge from the criminal justice system in the SAVIN system. If the defendant is sentenced to the state prison system, the Department of Corrections shall keep a record of the request for notification in the SAVIN system until the defendant's final discharge from prison and parole. A victim's request for notification and the place of notification is confidential and may not be disclosed to the defendant.

SDCL 23A-28C-2

SL 1991, ch 202, § 2; SL 1995, ch 137, § 2; SL 1999, ch 126, §4; SL 2014, ch 116, §7; SL 2017, ch 107, §2.
Amended by S.L. 2017, ch. 107,s. 2, eff. 7/1/2017.
Amended by S.L. 2014, ch. 116,s. 7, eff. 7/1/2014.