An unemployed individual who was last employed, the employment being at least thirty calendar days in duration, while incarcerated in a custodial or penal institution, and terminated from the employment because of transfer or release from the institution, is denied benefits until the individual has been reemployed at least six calendar weeks in insured employment during the individual's current benefit year and has earned wages of not less than the individual's weekly benefit amount in each of those six weeks.
S.D. Codified Laws § 61-6-13
Benefits denied to persons employed while incarcerated--Reemployment
Applied in 3 court decisions — leading case Manuel v. Toner Plus, Inc. (2012)
Most recently applied in Manuel v. Toner Plus, Inc. (June 2012)
Source: SL 1991, ch 413, § 4; SL 2008, ch 277, § 113; SDCL § 61-6-1.10; SL 2012, ch 252, § 59.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.