Victim’s Rights in South Dakota

Key Takeaways

• Victims of crime in South Dakota have constitutional rights under Article VI, Section 29 of the state constitution.

• These rights include being informed, present, and heard during criminal proceedings, and receiving restitution and protection from the accused.

• In many cases, victims must “opt in” to receive notifications and participate in the case.

• Victims can contact the State’s Attorney’s Office to confirm they have opted in and to receive updates about hearings and plea agreements.

• Victims may also receive support from advocates, compensation programs, and notification systems like SAVIN.

• If a victim’s rights are violated, they can file a written assertion with the court asking the judge to enforce those rights.

These rights are protected under the South Dakota Constitution (Article VI, Section 29), state law, and in some cases, federal law.

Whether you experienced domestic violence, sexual assault, stalking, human trafficking, or another crime, you have the right to be informed, to be heard, and to be treated with dignity and respect.

This page explains:

• Your legal rights as a victim

• How the opt-in process works

• What to do if your rights are not upheld

• How to access victim compensation and other services

• Who can help you navigate the system

You are not alone. And you can opt in at any time.

Victims’ rights are constitutional and statutory protections designed to ensure victims are informed and involved in the criminal justice process.

Under South Dakota law, victims have the right to:

• Be treated with fairness, respect, and dignity

• Be reasonably protected from the accused

• Be notified of court proceedings

• Be present at court proceedings

• Be heard at key stages of the case (including plea agreements and sentencing)

• Confer with the prosecutor

• Receive full and timely restitution in every case and from each offender

• Have personal information protected

• Be informed about available services and compensation

For the full legal language, visit:

• South Dakota Attorney General: Victims’ Rights Information

• South Dakota Constitution: Article VI, Section 29

• South Dakota Codified Laws Chapter 23A-28C 

• National Crime Victim Law Institute – South Dakota Guide

Learn more about your rights under Marsy’s Law. 

One of the most misunderstood parts of victim’s rights in South Dakota is the opt-in requirement.

In most cases, victims must choose to use certain rights.

What does “opt in” mean?

Opting in means you notify the prosecutor or law enforcement that you want to:

• Receive notifications

• Participate in proceedings

• Be consulted before plea agreements

• Submit a victim impact statement

• Exercise other constitutional rights

How do you opt in?

Typically:

• Law enforcement must provide you with a victims’ rights card (often called the “Marsy’s Law card”) after a crime is reported.

• You may receive written information (sometimes called the “purple sheet”).

• You may be asked to sign or submit a form indicating you wish to exercise your rights.

However, many victims encounter barriers during this process. Some believe that signing the initial paperwork automatically enrolled them, while others assume someone else opted in on their behalf.

Many are unsure who to contact or feel intimidated about calling the prosecutor’s office. Others may not realize they can opt in even after the case has already begun. These concerns are common and understandable.

Important: If your rights were not explained to you or you did not understand the process, you can still contact the State’s Attorney’s Office in your county and ask to opt in.

You can find your county prosecutor through the South Dakota State’s Attorneys Association.

Learn more about the opt-in process and timeline in South Dakota. 

If you are unsure whether your rights are being honored, here are practical steps you can take:

1. Contact the State’s Attorney’s Office

Ask:

• Am I listed as a victim in this case?

• Have I opted in to my rights?

• Will I be notified of hearings?

• Has a plea agreement been discussed?

• How do I submit a victim impact statement?

2. Ask for Copies of Key Documents

You may receive:

• A victim’s rights card

• Court notices

• Plea agreements

• Restitution information

• Compensation forms

3. Register for SAVIN (Victim Notification)

SAVIN provides offender custody and court status notifications.
Consider partnering with or registering through South Dakota SAVIN when applicable.

4. Connect With an Advocate

A victim advocate can:

• Explain your rights in plain language

• Help you understand timelines

• Attend court with you

• Help you prepare statements

• Assist with victim compensation applications

• Help you communicate with prosecutors

Find local services through our directory.

You can also call 211 for local resource referrals.

South Dakota has a complex justice system landscape. Where a crime occurs and who is involved can affect which court system handles the case and which specific victims’ rights procedures apply.

South Dakota is home to nine federally recognized Tribal Nations.

Each Tribal Nation is a sovereign government with its own court system, laws, and victim services. Tribal sovereignty means tribes have the authority to govern their own affairs, including certain criminal matters that occur within reservation boundaries.

Because of this, victim’s rights may vary depending on:

• Whether the case is handled in state court

• Federal court

• Tribal court

• Or involves overlapping jurisdiction

• The location of the crime

• Whether the accused is Native or non-Native

• The type and severity of the offense

For victims, this can feel confusing and overwhelming, especially when communication processes differ between systems.

General guide to Criminal Jurisdiction in Indian Country Resource

Do Victims Still Have Rights in Every System? Yes.

Victims have rights in:

• South Dakota state courts (under Article VI, Section 29 of the South Dakota Constitution and SDCL 23A-28C)

• Federal courts (under the federal Crime Victims’ Rights Act)

• Tribal courts (under tribal codes and federal protections such as the Violence Against Women Act provisions)

However, how rights are exercised and whether opt-in is required may differ by jurisdiction.

If you believe your constitutional or statutory rights were violated, South Dakota law provides a specific process.

Under SDCL 23A-28C-3, a victim may:

• Submit a written statement to the court asserting a violation of rights.

• The court must act promptly to protect the victim’s rights.

• The judge may hold additional hearings or issue orders to ensure compliance.

Important notes:

• The law allows for injunctive relief.

• There is no separate claim for monetary damages.

• The court must clearly enter its reasoning on the record.

You may also:

• Request a meeting with the State’s Attorney.

• Seek support from an advocate.

• File a judicial complaint (when appropriate).

• Contact the South Dakota Attorney General’s Office

This process is about ensuring your voice is heard, not assigning blame.

The Constitution guarantees “full and timely restitution,” but in practice:

• Payments may be small or delayed.

• Collection depends on the offender’s ability to pay.

• Certain losses may not qualify.

If you have questions about restitution:

• Ask for a written accounting.

• Ask how payments are calculated.

• Ask whether additional documentation is needed.

An advocate can help you understand what is realistic and what options may exist.

Victim compensation helps cover certain out-of-pocket expenses related to crime, including:

• Medical costs

• Counseling

• Lost wages

• Funeral expenses

Learn more through the South Dakota Department of Public Safety.

An advocate can help you complete an application.

You do not have to navigate the justice system alone.

Victim Advocates

Community-based and tribal advocates provide:

• Confidential support

• Safety planning

• Court accompaniment

• Help understanding your legal rights

Other Key Agencies

• South Dakota Department of Public Safety

• South Dakota Attorney General’s Office

• 211 South Dakota

Do I automatically receive all victim’s rights? You have constitutional rights, but in many cases you must opt in to receive notifications and exercise certain participation rights. Contact the prosecutor’s office to confirm your status.

What does “opt in” mean? Opting in means you notify the prosecutor that you want to receive updates, attend hearings, and exercise your rights. You can opt in at any time.

Can I speak at sentencing? Yes. Victims have the right to be heard at sentencing and certain other hearings.

Do I get to decide the plea agreement? You have the right to be consulted and to share your views, but the prosecutor makes final charging and plea decisions.

What if I wasn’t consulted before a plea agreement? You can contact the prosecutor’s office to discuss your concerns. If you believe your rights were violated, you may submit a written assertion to the court under SDCL 23A-28C-3.

Who explains my rights to me? Law enforcement is responsible for providing victims’ rights information after a crime is reported. However, practices vary across counties. If something was unclear, you can request clarification from the prosecutor or an advocate.

The South Dakota Network Against Family Violence and Sexual Assault (SDNAFVSA) is a statewide coalition supporting community-based and tribal victim service programs across South Dakota.

We work to:

• Strengthen victim services

• Support advocates

• Promote survivor-centered policy

• Increase public awareness of victims’ rights

• Build collaboration across systems

We recognize the complexity of South Dakota’s justice systems, including tribal sovereignty and federal jurisdiction. Our goal is not to criticize the system, but to ensure victims have the information they need to participate fully and safely.

More Victims’ Rights information:

Victims’ Rights Guide

Opt-In Procedures and Timelines