Crime victims in South Dakota have constitutional rights under Marsy’s Law. However, in many situations, victims must actively assert or “opt in” to receive notifications and participate in the criminal justice process. This page explains how the opt-in process works, when victims should assert their rights, and how tools like SAVIN help victims stay informed.

Key Takeaways:

• Victims in South Dakota have constitutional rights under Marsy’s Law.
• However, victims may need to opt in to receive notifications and exercise certain rights.
• You can opt in by contacting the prosecutor or submitting the appropriate form.
• You can also register for SAVIN to receive automated notifications about your case.

One of the most misunderstood parts of victims’ rights in South Dakota involves the opt-in requirement.

In many situations, victims must choose to exercise certain rights.

So what does “opt in” mean?

When you opt in, you notify the prosecutor or law enforcement that you want to:

• Receive case notifications

• Participate in court proceedings

• Be consulted before plea agreements

• Submit a victim impact statement

• Exercise other constitutional rights

How Do You Opt In?

Typically, the process begins when you report a crime.

First, law enforcement should give you a victims’ rights card, often called the “Marsy’s Law card.” In addition, officers may provide written information about your rights.

Next, you may receive a form asking whether you want to exercise your rights. When you complete or sign this form, you officially opt in.

However, many victims still face confusion during this process. For example, some people believe the system automatically enrolled them after they signed initial paperwork. Others assume someone else opted in on their behalf.

In addition, some victims do not know who to contact. Others feel uncomfortable calling the prosecutor’s office. Because of this uncertainty, many people do not realize they can opt in later.

Important: Even if the process was unclear earlier, you can still opt in. Contact your county State’s Attorney’s Office and ask how to exercise your rights.

If you are unsure whether the system recognizes your rights, you can take several practical steps.

1. Contact the State’s Attorney’s Office

First, contact the prosecutor handling the case. Then ask questions such as:

• Am I listed as a victim in this case?

• Have I opted in to my rights?

• Will I receive hearing notifications?

• Has anyone discussed a plea agreement?

• How can I submit a victim impact statement?

2. Ask for Copies of Important Documents

Next, request copies of important case documents. For example, you may receive:

• A victims’ rights card

• Court notices

• Plea agreements

• Restitution information

• Compensation forms

These documents can help you understand what is happening in the case.

3. Register for SAVIN (Victim Notification)

You can also register for SAVIN. This system provides updates about offender custody status and court changes.

As a result, many victims receive faster notifications about important case developments.

4. Connect With a Victim Advocate

Finally, consider connecting with a victim advocate. Advocates explain the legal process in clear language and help you understand important timelines.

In addition, an advocate can:

• Attend court with you

• Help prepare a victim impact statement

• Assist with compensation applications

• Help you communicate with prosecutors

Victims can assert their rights at any point during a criminal case. However, opting in early helps ensure you receive notifications about important events such as bail hearings, plea negotiations, and sentencing.

In many cases, law enforcement provides information about victims’ rights shortly after a crime is reported. For example, officers may give victims a Marsy’s Law card or written information explaining their rights.

Next, prosecutors or victim advocates may ask victims whether they want to exercise their rights in the case. When victims complete this step, they formally opt in.

However, some victims do not receive clear information early in the process. Others may not realize they need to take an additional step to receive updates.

Because of this, victims should consider confirming their status with the prosecutor’s office as soon as possible. Early communication helps ensure you receive court notifications, updates about plea agreements, and opportunities to participate in hearings.

Even if a case has already started, victims can still assert their rights. Contacting the prosecutor’s office or a victim advocate can help ensure your rights are recognized moving forward.

South Dakota offers SAVIN (Statewide Automated Victim Information and Notification) to help victims stay informed during the criminal justice process. In addition, SAVIN complements the opt-in process by sending automated updates directly to victims.

What SAVIN Is

SAVIN is a secure notification system. It sends alerts about important case events. For example, SAVIN can notify victims about:

• Case filing and status updates

• Court dates and hearings

• Release, transfer, or escape of an offender

As a result, victims receive timely information about major developments in their cases.

How to Register

Victims can register for SAVIN online or by phone.

To complete registration, you will need basic case information. For example, the system may request a case number and your contact information.

After registering, you can choose how you want to receive notifications. For instance, you can select email, phone calls, or text messages.

How SAVIN Works With the Opt-In Process

First, opting in through the prosecutor’s office ensures the justice system formally recognizes your rights.

Next, SAVIN provides real-time notifications about case developments. Because of this, victims can stay informed even when they cannot regularly check on their case.

Together, the opt-in process and SAVIN registration help ensure victims do not miss important opportunities to participate in their case.

Why Registration Matters Even If You Received Paperwork

Some victims receive victims’ rights paperwork early in the process. However, receiving paperwork does not automatically register you for SAVIN.

Instead, you must complete SAVIN registration separately.

Once you register, SAVIN sends ongoing updates about court events and offender status changes. As a result, victims receive an additional layer of information and safety support.

Keep in mind: SAVIN is a notification system. Registering for SAVIN does not automatically assert your legal rights in a case.

South Dakota has a complex justice system. 

For example, cases may proceed in:

• State court

• Federal court

• Tribal court

In addition, jurisdiction can depend on several factors, including:

• Where the crime occurred

• Whether the accused is Native or non-Native

• The type of offense involved

Because of these factors, victims sometimes feel unsure about which system handles their case. In addition, procedures for asserting victims’ rights may vary between counties and jurisdictions. Therefore, victims should contact the State’s Attorney’s Office or a victim advocate who understands the specific jurisdiction and can answer questions about their case.

You can also learn more about victims’ constitutional protections on our Victims’ Rights in South Dakota page.

Immediately After Reporting

• Ask the victim if they received a rights card.
• Review rights in plain language.
• Explain the opt-in requirement clearly.

Once Charges Are Filed

• Contact the county State’s Attorney’s Office.
• Confirm the victim is listed correctly in the case.
• Ask how the office documents opt-in status.
• Confirm how notifications will be delivered (mail, phone, email).

Before Plea Negotiations

✔ Ask whether a plea discussion is scheduled.
✔ Request consultation with the prosecutor.
✔ Help the victim prepare questions and input.

Before Sentencing

✔ Assist with drafting a victim impact statement.
✔ Confirm hearing date and location.
✔ Discuss safety and emotional preparation.

Victims may:

• Believe signing paperwork was an automatic opt-in.

• Assume someone else enrolled them.

• Not realize they can opt in after the case begins.

Victims may:

• Be unsure who to contact.

• Feel intimidated about calling the prosecutor.

Advocates can normalize these concerns, clarify misunderstandings, and provide step-by-step support to overcome both internal and external obstacles.