23A-28B-20. Calculating compensation--Standard.
For the purpose of calculating compensation to be awarded pursuant to this chapter, the department shall establish uniform standards for compensation under this chapter, taking into consideration the rates and amounts of compensation payable for injuries and for death under the laws of this state and the United States and availability of funds under this chapter. Standards for compensation shall be established by rules promulgated by the department pursuant to chapter 1-26. Loss of earnings, loss of future earnings, and loss of support shall be determined on the basis of the victim's average monthly earnings for the six months immediately preceding the date of injury, or the monthly minimum wage as of the date of the crime underlying the claim, whichever is less. The monthly minimum wage shall be based upon the federal hourly minimum wage in effect as of the date of the crime multiplied by 173.2 hours per month.
Source: SL 1991, ch 201, §20; SL 1997, ch 145, §3.
Structure South Dakota Codified Laws
Title 23A - Criminal Procedure
Chapter 28B - Crime Victims' Compensation Program
Section 23A-28B-1 - Definitions.
Section 23A-28B-2 - Rights of resident victim of out-of-state crime.
Section 23A-28B-3 - Crime Victims' Compensation Commission--Apportionment of members.
Section 23A-28B-4 - Duties of commission.
Section 23A-28B-5 - Membership of commission--Terms of office--Vacancies.
Section 23A-28B-6 - Administration of commission.
Section 23A-28B-7 - Commission meetings--Quorum.
Section 23A-28B-8 - Compensation and expenses for commission members.
Section 23A-28B-9 - Preponderance of evidence required for receipt of compensation.
Section 23A-28B-10 - No right to compensation--Availability of funds.
Section 23A-28B-11 - Application for compensation.
Section 23A-28B-12 - Furnishing application forms.
Section 23A-28B-13 - Documentation required with application--Notice of rejection.
Section 23A-28B-14 - Amended application--Additional material.
Section 23A-28B-15 - Application for compensation on behalf of minor or incompetent.
Section 23A-28B-17 - Subpoenas authorized for investigation of eligibility.
Section 23A-28B-18 - Circumstances permitting compensation.
Section 23A-28B-19 - Compensation for economic losses due to personal injury or death.
Section 23A-28B-20 - Calculating compensation--Standard.
Section 23A-28B-21 - Limit of compensation.
Section 23A-28B-22 - Compensation reduced by amount of collateral payment.
Section 23A-28B-25 - Circumstances not permitting award of compensation.
Section 23A-28B-26 - Relative or household member of offender eligible for compensation.
Section 23A-28B-27 - Emergency award of compensation--Amount--Excess amount repaid.
Section 23A-28B-30 - Fees and mileage allowance for witness in compensation hearing.
Section 23A-28B-31 - Order entered on all claims submitted under chapter--Content.
Section 23A-28B-32 - Request for review of department order--Hearing.
Section 23A-28B-32.1 - Department permitted to amend commission order.
Section 23A-28B-33 - Promulgation of rules for administration of chapter.
Section 23A-28B-35 - Fraudulent claim prohibited--Violation as misdemeanor or felony.
Section 23A-28B-36 - Confidentiality of records and reports.
Section 23A-28B-37 - Application hearing open to public--Exceptions.
Section 23A-28B-38 - Privileged communications.
Section 23A-28B-40 - Crime victims' compensation fund--Establishment--Purposes.
Section 23A-28B-40.1 - Emergency expenses--Requests for reimbursement.
Section 23A-28B-41 - Payments from fund--Warrants--Vouchers.
Section 23A-28B-42 - Compensation surcharge for certain crimes--Waiver.
Section 23A-28B-43 - Collection of compensation surcharge--Disbursement.