Payment is not allowed if the victim's conduct contributed substantially to the victim's injury or death. When determining whether substantial contributory conduct exists, the department shall consider the victim's account of the crime, law enforcement reports, court transcripts and statements, and observations of witnesses.

Source: 30 SDR 116, effective February 4, 2004; 36 SDR 51, effective October 12, 2009.

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

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