South Dakota Administrative Rules Title 20 - PUBLIC SAFETY
📘 South Carolina Crime Victim’s Advisory Board (Chapter 132) — Detailed Explanation
Purpose of Chapter 132:
Chapter 132 of the South Carolina Code of Regulations governs the administration of the Crime Victims’ Compensation Program and the functioning of the Crime Victim’s Advisory Board. The regulations explain how compensation awards are made to victims of crime, how attorney fees are handled, exceptions to eligibility rules, and protections for minor victims. These rules are designed to ensure fairness and clarity in the application of the Crime Victims’ Compensation Act.
1. Legal Fees (§132‑1)
Attorneys representing victims may receive fees for pursuing compensation.
Fee limitations:
Cannot exceed 10% of the total award, or
Cannot exceed $60 per hour, whichever is less.
Fees must be reasonable and itemized.
Purpose: Ensures victims can hire lawyers without losing compensation to excessive fees, while preventing abuse of fee arrangements.
2. Direct Awards (§132‑2)
Compensation for lost wages is paid directly to the victim.
Reimbursement for bills already paid goes to the person who paid them.
Payment for services not yet provided goes directly to the service provider (like a medical provider).
Purpose: Ensures that compensation goes to the party who suffered the loss or provided the service, rather than through intermediaries.
3. Same Household Exception (§132‑3)
Normally, victims who live in the same household as the offender may be barred from receiving compensation.
Exception: The Board may approve awards if it is shown that no one in the household benefits from the award and it would be unjust to deny compensation.
Purpose: Prevents technical rules from denying compensation in situations where the victim is independent of the offender’s financial gain.
4. Age of Consent Presumption (§132‑4)
Victims of criminal sexual conduct under 14 years old automatically cannot be considered to have contributed to their injury.
Victims ages 14–16 are presumed not to have contributed if:
The offender is older, or
The offender is in a position of authority over the victim (parent, guardian, teacher, etc.).
Purpose: Protects minor victims and ensures they are not penalized in compensation proceedings for their age or vulnerability.
5. Statutory Context
The regulations operate under the authority of the Crime Victims’ Compensation Act and the Crime Victim’s Advisory Board statutes:
Crime Victim’s Advisory Board:
Comprised of 11 members appointed by the Governor.
Includes experts in law, medicine, law enforcement, and victim advocacy.
Duties: Oversee compensation appeals, advise on victim services, and help ensure fairness in the program.
Crime Victims’ Compensation Act:
Provides financial relief to victims of violent crime.
Allows compensation for medical bills, lost wages, counseling, and certain other expenses.
Board decisions can be appealed if a victim believes an award was improperly denied or limited.
6. Case Law Principles
While Chapter 132 itself has limited specific appellate case law, courts have interpreted the Crime Victims’ Compensation Act consistently with the following principles:
Remedial Nature: Compensation laws are designed to assist victims, not punish offenders. Denials must be justified by law, not administrative convenience.
Administrative Discretion: The Board and program administrators have discretion in applying rules like fee limits, direct payments, and household exceptions, but their decisions must not be arbitrary.
Victim Rights: Victims have constitutional and statutory rights, including timely notice and participation in hearings, which influence Board procedures.
Protection of Minors: Courts uphold rules that favor minor victims, such as the age presumption, emphasizing the goal of support over fault.
Example Scenario from Principles:
A 15-year-old victim of sexual assault can claim compensation without worrying about being deemed partially responsible, and the award will go directly to the victim or providers for medical and counseling services.
If the victim lives with the offender but can prove the offender will not benefit, the Board may approve compensation under the same-household exception.
7. Key Takeaways
| Section | Core Rule | Purpose |
|---|---|---|
| §132‑1 | Attorney fees capped at 10% or $60/hr | Protects victim compensation while allowing legal representation |
| §132‑2 | Payments go to victim or rightful payee | Ensures compensation reaches the correct party |
| §132‑3 | Same-household exception | Allows awards when it would be unjust to deny compensation |
| §132‑4 | Age presumption for minors | Protects minor victims from being blamed or denied compensation |
This explanation fully summarizes Chapter 132 and how it functions in practice, including its statutory foundation, administrative application, and guiding legal principles.
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