ARSD Article 02:01 — LAW ENFORCEMENT OFFICERS

article-02-01ARSD Article 02:01Regulation

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ATTORNEY GENERAL ATTORNEY GENERAL

Chapter 02:01:01 Commission meetings -- Officers, Repealed

ARSD 02:01:01 Repealed chapter

CHAPTER 2:01:01

COMMISSION MEETINGS -- OFFICERS

(Repealed, 2 SDR 37, effective November 20, 1975)

Chapter 02:01:02 Minimum standards

ARSD 02:01:02:01 Minimum standards for employment

A person may be employed or certified as a law enforcement officer only if the person:

(1) Is a citizen of the United States;

(2) Is at least twenty-one years of age at the time of appointment;

(3) Has fingerprints taken by a qualified law enforcement officer;

(4) Is of good moral character;

(5) Is a graduate of an accredited high school or has a high school equivalency certificate acceptable to the Law Enforcement Officers Standards and Training Commission;

(6) Is examined and certified, on forms prescribed by the commission, by a licensed physician, physician assistant, or nurse practitioner, to be able to perform the duties of a law enforcement officer;

(7) Is interviewed in-person by the hiring agency or its designated representative before employment. The interview must include questions to determine the person's general suitability for law enforcement service, appearance, personality, temperament, ability to communicate, and other characteristics reasonably necessary to perform the duties of a law enforcement officer;

(8) Has undergone a background investigation by the hiring agency that includes an inquiry into the person's driving history, criminal history, previous employment, personal references, credit reports, social media accounts, and law enforcement training records;

(9) Takes the oath of office;

(10) Has not unlawfully used any prescribed drug, controlled substance, or marijuana within one year before the time of application for certification; and

(11) Has not:

(a) Had certification revoked or suspended;

(b) Consented to decertification;

(c) Had an application for certification refused;

(d) Committed an act in violation of chapter 2:01:11;

(e) Been dismissed from a basic law enforcement training program as a result of an act in violation of any basic academy handbook; or

(f) Been dismissed from a basic law enforcement training program due to an academic failure or skill failure.

Notwithstanding subdivision (11), the commission may upon application by the person declare that person eligible for employment or certification.

History

  • Source: SL 1975, ch 16, § 1; 2 SDR 37, effective November 20, 1975; 8 SDR 82, effective January 13, 1982; 11 SDR 135, effective April 14, 1985; 12 SDR 1, effective July 17, 1985; 14 SDR 81, effective December 6, 1987; 25 SDR 34, effective September 16, 1998; 28 SDR 150, effective May 2, 2002; 32 SDR 225, effective June 26, 2006; 42 SDR 19, effective August 13, 2015; 47 SDR 41, effective October 12, 2020; 47 SDR 130, effective June 6, 2021; 50 SDR 63, effective November 28, 2023.
  • General Authority: SDCL 23-3-35(1), 23-3-42.
  • Law Implemented: SDCL 23-3-35(2), 23-3-42.
ARSD 02:01:02:02 Felons to be rejected -- Misdemeanants to be reviewed

No person may be employed or certified if that person has pled guilty or no contest to, or been convicted of, any offense which could have resulted in incarceration for more than one year. Any person who has pled guilty or no contest to, or been convicted of, an offense with a maximum penalty that could have resulted in incarceration of one year or less remains eligible for employment or certification unless the plea or conviction when considered along with the seriousness of the offense, time elapsed since the offense was committed, the person's conduct since the offense was committed, or other pertinent information indicates that the person should not be hired or certified.

History

  • Source: SL 1975, ch 16, § 1; 2 SDR 37, effective November 20, 1975; 8 SDR 82, effective January 13, 1982; 27 SDR 63, effective January 2, 2001.
  • General Authority: SDCL 23-3-42.
  • Law Implemented: SDCL 23-3-42.
ARSD 02:01:02:02.01 Exception from prohibition on employment or certification for suspended impositions of sentence

Any person seeking certification as a law enforcement officer who has received an order pursuant to SDCL 23A-27-13, or the equivalent in another jurisdiction, for any offense punishable by imprisonment for more than one year, may be declared eligible upon application by the person to the Law Enforcement Officers Standards and Training Commission. Upon a showing that the ends of justice and the best interests of the public and the person seeking certification are met in certifying the person, the commission may declare the person eligible for employment or certification.

History

  • Source: 50 SDR 63, effective November 28, 2023.
  • General Authority: SDCL 23-3-42.
  • Law Implemented: SDCL 23-3-42.
ARSD 02:01:02:03 Repealed

Training in service, condition of employment.** Repealed.

History

  • Source: SL 1975, ch 16, § 1; repealed, 2 SDR 37, effective November 20, 1975.
ARSD 02:01:02:03.01 Exception from prohibition on employment or certification

Any person ineligible under § 2:01:02:02 to be hired or certified as a result of a conviction, may not be denied employment or certification as a result of that conviction if the person, based upon a proof of innocence, received a reprieve, commutation, or pardon. This section does not prohibit the consideration of a conviction or plea in determining moral character under subdivision 2:01:02:01(4).

History

  • Source: 2 SDR 37, effective November 20, 1975; 11 SDR 135, effective April 14, 1985; 12 SDR 1, effective July 17, 1985; 27 SDR 63, effective January 2, 2001.
  • General Authority: SDCL 23-3-42.
  • Law Implemented: SDCL 23-3-42.
ARSD 02:01:02:04 Transferred

Transferred to §§ 2:01:02:06 and 2:01:06:03.**

ARSD 02:01:02:04.01 Notice of appointment of law enforcement officer

The hiring agency shall send the following documents to the commission within ten days after the appointment of a law enforcement officer:

(1) L.E.S. forms 3, 6, and 7 combined;

(2) Two sets of the fingerprint cards required by subdivision 2:01:02:01(3); and

(3) A copy of the officer's certificate of appointment.

History

  • Source: 2 SDR 37, effective November 20, 1975; 11 SDR 135, effective April 14, 1985; 12 SDR 1, effective July 17, 1985.
  • General Authority: SDCL 23-3-35(1).
  • Law Implemented: SDCL 23-3-35(1).
ARSD 02:01:02:04.02 Notice of discontinuance of employment of law enforcement officer

A law enforcement agency shall submit a completed law enforcement resignation or termination form to the commission within ten days after a law enforcement officer ceases employment for any reason with that law enforcement agency.

History

  • Source: 47 SDR 130, effective June 6, 2021.
  • General Authority: SDCL 23-3-35(1).
  • Law Implemented: SDCL 23-3-35(3).
ARSD 02:01:02:05 Filing of fingerprints

Fingerprints taken under subdivision 2:01:02:01(3) shall be distributed to local, state, and national fingerprint files to disclose any criminal record.

History

  • Source: 2 SDR 37, effective November 20, 1975; 11 SDR 135, effective April 14, 1985; 12 SDR 1, effective July 17, 1985.
  • General Authority: SDCL 23-3-35(1).
  • Law Implemented: SDCL 23-3-35(1), 23-3-42.
ARSD 02:01:02:06 Waiver

The commission may waive any of the requirements of § 2:01:02:01 before the appointment of a law enforcement officer upon formal application to the commission by the law enforcement agency requesting the waiver, a showing that the requesting agency's jurisdiction includes fewer than 500 persons, and a showing that the waiver is necessary to maintain an adequate law enforcement staff in the requesting agency.

History

  • Source: SL 1975, ch 16, § 1; transferred from § 2:01:02:04, 2 SDR 37, effective November 20, 1975; 11 SDR 135, effective April 14, 1985; 12 SDR 1, effective July 17, 1985.
  • General Authority: SDCL 23-3-42.
  • Law Implemented: SDCL 23-3-42.
ARSD 02:01:02:07 Transferred

Transferred to § 2:01:11:01.**

ARSD 02:01:02:08 Discontinuance of employment of law enforcement officer

No temporary or probationary law enforcement officer may continue as an officer after a showing that the officer has violated any of the conditions of § 2:01:11:01 or has been dismissed from the basic law enforcement training program pursuant to § 2:01:06:14.

Applicants who have been rejected for certification, have falsified information, or have been dismissed from the basic law enforcement training program may, after one year, reapply to the Law Enforcement Officers Standards and Training Commission for certification if the reasons for rejection have been eliminated and a new application is submitted. The commission, upon application by the original appointing authority and a determination of good cause, may allow one new certification application for the applicant from the original appointing authority prior to the expiration of one year.

History

  • Source: 2 SDR 37, effective November 20, 1975; 3 SDR 75, effective May 2, 1977; 8 SDR 82, effective January 13, 1982; 14 SDR 81, effective December 6, 1987; 28 SDR 150, effective May 2, 2002; 31 SDR 94, effective January 4, 2005; 50 SDR 63, effective November 28, 2023.
  • General Authority: SDCL 23-3-42.
  • Law Implemented: SDCL 23-3-42.
ARSD 02:01:02:09 Transferred

Transferred to § 2:01:11:02.**

ARSD 02:01:02:10 Transferred

Transferred to § 2:01:11:09.**

ARSD 02:01:02:11 Expiration of certification

Certification expires on the last day of the twenty-fourth calendar month following separation from law enforcement employment. Upon application the Law Enforcement Officers Standards and Training Commission may waive all or any of the basic training program for recertification of a person whose certification has expired under this provision. Certification does not expire if a certified law enforcement officer is in compliance with § 2:01:06:17 and, prior to the last day of the twenty-fourth calendar month following separation from employment, becomes reemployed as a law enforcement officer by a local, state, or tribal law enforcement agency in South Dakota.

A law enforcement officer who is reemployed prior to the last day of the twenty-fourth calendar month following separation from employment but who has not remained in compliance with § 2:01:06:17 may not perform the duties of a law enforcement officer until the law enforcement officer or employing agency provides documentation to the commission or its executive secretary establishing the standards of § 2:01:06:17 have been satisfied.

A certified law enforcement officer who is reemployed prior to the last day of the twenty-fourth calendar month following separation from employment may have the requirements of § 2:01:06:17 prorated or waived at the discretion of the executive secretary.

History

  • Source: 8 SDR 82, effective January 13, 1982; 11 SDR 135, effective April 14, 1985; 12 SDR 1, effective July 17, 1985; 31 SDR 94, effective January 4, 2005; 50 SDR 63, effective November 28, 2023.
  • General Authority: SDCL 23-3-42.
  • Law Implemented: SDCL 23-3-42.

Chapter 02:01:03 Administration of grants and funds

ARSD 02:01:03:01 Priority of use

Gifts or grants to the commission received under the authority of SDCL 23-3-37 shall be used in the administration of authorized functions of the commission in statewide law enforcement training programs conducted by the division of criminal investigation in the office of the attorney general. Any balances remaining shall be used in other approved statewide police training programs and thirdly, in local programs designed to reach the greatest number of law enforcement officers available for training.

History

  • Source: SL 1975, ch 16, § 1; 2 SDR 37, effective November 20, 1975.
  • General Authority: SDCL 23-3-35(11).
  • Law Implemented: SDCL 23-3-38.
ARSD 02:01:03:02 Expenditure of funds

All expenses of the commission and its programs shall be paid on warrants drawn by the state auditor on vouchers approved by the chairman of the commission.

History

  • Source: SL 1975, ch 16, § 1; 2 SDR 37, effective November 20, 1975.
  • General Authority: SDCL 23-3-35(11).
  • Law Implemented: SDCL 23-3-38.

Chapter 02:01:04 Procedure for commission rulings

ARSD 02:01:04:01 Repealed

Informal procedure.** Repealed.

History

  • Source: SL 1975, ch 16, § 1; repealed, 2 SDR 37, effective November 20, 1975.
ARSD 02:01:04:01.01 Rules not applicable to rule-making procedure

Nothing in this chapter shall apply to the promulgation, amendment or repeal of rules by the commission.

History

  • Source: 2 SDR 37, effective November 20, 1975.
  • General Authority: SDCL 23-3-35(11).
  • Law Implemented: SDCL 1-26-13, 23-3-35(11).
ARSD 02:01:04:02 Repealed

Place of filing, investigations.** Repealed.

History

  • Source: SL 1975, ch 16, § 1; repealed, 2 SDR 37, effective November 20, 1975.
ARSD 02:01:04:02.01 Burden of proof

Whenever these rules require the showing, proof, finding or other demonstration of any fact upon the application of any person, such showing, proof, finding or other demonstration must be established by a preponderance of the evidence.

History

  • Source: 2 SDR 37, effective November 20, 1975.
  • General Authority: SDCL 23-3-35(1).
  • Law Implemented: SDCL 23-3-42.
ARSD 02:01:04:03 Repealed

Formal matters, commission determination.** Repealed.

History

  • Source: SL 1975, ch 16, § 1; repealed, 2 SDR 37, effective November 20, 1975.
ARSD 02:01:04:03.01 Who may file

Any person interested and affected by any of the provisions of SDCL 23-3 or the rules or orders of the commission promulgated thereunder may, if he has genuine interest in a questionable interpretation thereof, file an application for declaratory or other ruling as provided in this chapter.

History

  • Source: SL 1975, ch 16, § 1; transferred from § 2:01:05:01, 2 SDR 37, effective November 20, 1975.
  • General Authority: SDCL 23-3-35(1).
  • Law Implemented: SDCL 1-26-15, 23-3-42.
ARSD 02:01:04:04 Repealed

Rules, petition for change.** Repealed.

History

  • Source: SL 1975, ch 16, § 1; repealed, 2 SDR 37, effective November 20, 1975.
ARSD 02:01:04:04.01 Content of application, filing

The application shall be submitted in duplicate, identifying all parties known to the applicant by name or by class to be affected by the outcome of such ruling. The application shall also clearly identify the statute, rule or order sought to be interpreted and concisely state the factual considerations which necessitate the ruling. The applicant shall sign and verify the same to be true to the best of his knowledge and belief. The application and copy shall be filed with the executive secretary who shall immediately transmit copies thereof to the members of the commission.

History

  • Source: 2 SDR 37, effective November 20, 1975.
  • General Authority: SDCL 23-3-35(1).
  • Law Implemented: SDCL 1-26-15.
ARSD 02:01:04:05 Transferred

Transferred to § 2:01:05:01.01.**

ARSD 02:01:04:05.01 Investigation

Except in the event of an application for declaratory ruling, the executive secretary shall conduct a thorough investigation as to the facts stated in the application.

History

  • Source: SL 1975, ch 16, § 1; transferred from § 2:01:05:03, 2 SDR 37, effective November 20, 1975.
  • General Authority: SDCL 23-3-35(1).
  • Law Implemented: SDCL 23-3-35(1).
ARSD 02:01:04:06 Transferred

Transferred to § 2:01:04:17.**

ARSD 02:01:04:06.01 Initial recommendation to be made at the option of the executive secretary

On any application, or other request permitted under these rules or SDCL 1-26, the executive secretary shall make an initial recommendation of whether to grant or deny the relief requested. Such recommendation shall be made no later than 30 days after the application has been submitted. This time limit may be extended if a written request stating good cause for such extension is granted by the chairman of the commission and written notice of such extension, including the length of the extension is given by mail, to the applicant.

History

  • Source: 2 SDR 37, effective November 20, 1975.
  • General Authority: SDCL 23-3-35(1).
  • Law Implemented: SDCL 1-26-27, 1-26-29, 23-3-35(1), 23-3-42.
ARSD 02:01:04:07 Notice of recommendation

The executive secretary shall send notice of his recommendation on any application by mail to the applicant, the commission members and all other interested parties. Such notice shall contain a brief statement of both the nature of the decision and the executive secretary's reasons for the decision, the procedures to follow if an interested person desires to contest the recommendation, and the place where copies of the recommendation may be obtained.

History

  • Source: SL 1975, ch 16, § 1; transferred from § 2:01:04:06, 2 SDR 37, effective November 20, 1975.
  • General Authority: SDCL 23-3-35(1).
  • Law Implemented: SDCL 23-3-35(1), 23-3-35(11).
ARSD 02:01:04:08 Opportunity for hearing upon any application

Thirty days after issuance of notice under § 2:01:04:07, the executive secretary's recommendation will become the commission's final decision unless a person adversely affected or having a beneficial interest in the executive secretary's recommendation petitions the commission for a contested case hearing within such time.

History

  • Source: 2 SDR 37, effective November 20, 1975.
  • General Authority: SDCL 23-3-35(1).
  • Law Implemented: SDCL 1-26-16, 1-26-18, 23-3-35(1), 23-3-42.
ARSD 02:01:04:09 Contents of petition for contested case

A petition for a contested case hearing shall request a hearing before the commission and shall contain a statement of the petitioner's interest in the case, a statement of the relief and decision requested of the commission, a statement alleging relevant facts and issues known to the petitioner upon which be bases his request of the commission, and the signature of the petitioner or any other person who will represent the petitioner before the commission. The signature on a petition, or any other pleading, shall constitute a certificate by the signer that he has read the petition or pleading, that to the best of his knowledge, information, and belief there are good grounds to support the claim, and that it is not filed for purposes of delay.

History

  • Source: SL 1975, ch 16, § 1; transferred from § 2:01:05:02, 2 SDR 37, effective November 20, 1975.
  • General Authority: SDCL 23-3-35(1).
  • Law Implemented: SDCL 23-3-35(1), 23-3-42.
ARSD 02:01:04:10 Executive secretary may initiate contested case hearing on his recommendation

The executive secretary, if he desires, shall have the option of initiating a contested case hearing concerning his recommendation without waiting for a petition from an interested person. In such event, notice of a contested case hearing under § 2:01:04:14 shall be given and may be in lieu of the notice specified by § 2:01:04:07.

History

  • Source: 2 SDR 37, effective November 20, 1975.
  • General Authority: SDCL 23-3-35(1).
  • Law Implemented: SDCL 23-3-35(1).
ARSD 02:01:04:11 Executive secretary may initiate contested case hearing on an application

The executive secretary may initiate a contested case hearing on an application without making an initial recommendation. The applicant shall, within 10 days, be notified of the executive secretary's decision to refer the application to a contested case hearing. The hearing may be conducted by a hearing examiner and shall be before the commission, and the notice required by § 2:01:04:14 shall be given in addition to, or in conjunction with, the notice required by this section.

History

  • Source: 2 SDR 37, effective November 20, 1975; 14 SDR 81, effective December 6, 1987.
  • General Authority: SDCL 23-3-35(1).
  • Law Implemented: SDCL 23-3-35(1).
ARSD 02:01:04:12 Commission members may initiate contested case hearing

Whenever two or more commission members request, in writing, a review of the executive secretary's recommendation, the executive secretary shall issue the notice required in § 2:01:04:14.

History

  • Source: 2 SDR 37, effective November 20, 1975.
  • General Authority: SDCL 23-3-35(1).
  • Law Implemented: SDCL 1-26-16, 1-26-18, 23-3-42.
ARSD 02:01:04:13 Hearing officer may hear contested cases

The chairman of the commission or any other person who is appointed by the chairman may act as a hearing examiner in all contested case hearings.

History

  • Source: SL 1975, ch 16, § 1; transferred from § 2:01:05:01, 2 SDR 37, effective November 20, 1975.
  • General Authority: SDCL 23-3-35(1).
  • Law Implemented: SDCL 1-26-15, 23-3-42.
ARSD 02:01:04:14 Notice of contested case hearing

At least ten days notice of a contested case hearing shall be given by the executive secretary to all interested persons including the person who filed the original application, the petitioner requesting the contested case hearing, any law enforcement officers and agencies having a beneficial interest in the executive secretary's recommendation, and all members of the commission.

History

  • Source: 2 SDR 37, effective November 20, 1975.
  • General Authority: SDCL 23-3-35(1).
  • Law Implemented: SDCL 1-26-16, 1-26-17.
ARSD 02:01:04:15 Intervention in contested case

The commission or hearing officer may allow any person beneficially interested in the controversy to intervene in a contested case hearing upon filing with the executive secretary, no later than the hearing date, a petition conforming to § 2:01:04:09. Such petition in intervention shall also state which side of the controversy at issue the intervener is supporting.

History

  • Source: 2 SDR 37, effective November 20, 1975.
  • General Authority: SDCL 23-3-35(1).
  • Law Implemented: SDCL 1-26-18, 23-3-42.
ARSD 02:01:04:16 Service of petition in intervention

The executive secretary shall, if time permits before the contested case hearing, mail copies of any duly filed petition in intervention to all parties to the contested case hearing including any beneficially interested law enforcement agency and officer, the members of the commission, and the person petitioning for the contested case hearing.

History

  • Source: 2 SDR 37, effective November 20, 1975.
  • General Authority: SDCL 23-3-35(1).
  • Law Implemented: SDCL 1-26-18, 23-3-35(1), 23-3-42.
ARSD 02:01:04:17 Hearing procedure

All petitions for contested case hearings to be heard shall be upon notice and the procedure shall be as follows:

(1) Presentation by petitioners;

(2) Cross-examination of petitioners, proponents, witnesses or staff by adverse party or parties;

(3) Presentation by party or parties adverse to the issue;

(4) Cross-examination of adverse witnesses or staff by party or parties advocating the issue;

(5) Summary by advocating party; and

(6) Summary by adverse party.

The commission or hearing officer may, if practicable, recess the hearing to a subsequent date and may require the opponents and proponents to file briefs to aid in determination of the case.

History

  • Source: SL 1975, ch 16, § 1; transferred from § 2:01:04:06, 2 SDR 37, effective November 20, 1975.
  • General Authority: SDCL 23-3-35(1).
  • Law Implemented: SDCL 23-3-35(1), 23-3-35(11).

Chapter 02:01:05 Rule-making procedure

ARSD 02:01:05:01 Transferred

Transferred to § 2:01:04:03.01.**

ARSD 02:01:05:01.01 Investigation of proposal, report

The executive secretary shall make an investigation and secure the advice and counsel of experts in the field and submit such report and recommendations to the commission within 15 days of receipt of a petition for rules.

History

  • Source: SL 1975, ch 16, § 1; transferred from § 2:01:04:05, 2 SDR 37, effective November 20, 1975.
  • General Authority: SDCL 23-3-35(1).
  • Law Implemented: SDCL 23-3-35(11).
ARSD 02:01:05:02 Transferred

Transferred to § 2:01:04:09.**

ARSD 02:01:05:02.01 Consideration of a petition for rules

The executive secretary shall notify the petitioner of the time and place of the board meeting at which his request will be considered, and the petitioner shall be given an opportunity to be heard at the meeting.

History

  • Source: 2 SDR 37, effective November 20, 1975.
  • General Authority: SDCL 23-3-35(1).
  • Law Implemented: SDCL 1-26-4, 1-26-13.
ARSD 02:01:05:03 Transferred

Transferred to § 2:01:04:05.01.**

ARSD 02:01:05:03.01 Executive secretary responsible for administrative functions of rule-making process

The secretary shall be responsible for the filing of notice and proposed rules with the secretary of state, publication of the notice to the public, and the submission of copies of proposed rules to the interim rules review committee, code counsel and the attorney general. Upon adoption of rules, the executive secretary is delegated the responsibility of filing a copy of the rules adopted, certified by him as a true and correct copy, a certified statement of the fact and means of publication, and an endorsement of the attorney general's and code counsel's approval with the secretary of state.

History

  • Source: 2 SDR 37, effective November 20, 1975.
  • General Authority: SDCL 23-3-35(1).
  • Law Implemented: SDCL 1-26-4, 1-26-4.1, 1-26-6.5, 23-3-35(11).
ARSD 02:01:05:04 Repealed

Commission action.** Repealed.

History

  • Source: SL 1975, ch 16, § 1; repealed, 2 SDR 37, effective November 20, 1975.
ARSD 02:01:05:04.01 Executive secretary shall hold a public hearing on proposed rules

Public hearings shall be held in a community or communities which the executive secretary selects unless the commission directs otherwise.

History

  • Source: 2 SDR 37, effective November 20, 1975.
  • General Authority: SDCL 23-3-35(1).
  • Law Implemented: SDCL 1-26-4, 23-3-35(1).
ARSD 02:01:05:05 Executive secretary shall make a record of public comment for commission

The executive secretary shall keep accurate minutes of the oral testimony given at the public hearing, send copies of such minutes to the persons who submitted oral and written comments, and send copies of such minutes to the commission along with any written comments which are submitted.

History

  • Source: 2 SDR 37, effective November 20, 1975.
  • General Authority: SDCL 23-3-35(1).
  • Law Implemented: SDCL 1-26-4, 1-26-7, 23-3-35(1).
ARSD 02:01:05:06 Emergency rules

Repealed.

History

  • Source: 2 SDR 37, effective November 20, 1975; 50 SDR 63, effective November 28, 2023.
ARSD 02:01:05:07 Request for explanation of the adoption of a rule

A person who desires a statement from the commission of its reasons for adoption of a rule under SDCL 1-26-7.1 shall file a written request with the executive secretary describing any objections he might have. The statement shall be issued at the next regular meeting of the commission if requested no later than 30 days after adoption of the rules.

History

  • Source: 2 SDR 37, effective November 20, 1975.
  • General Authority: SDCL 23-3-35(1).
  • Law Implemented: SDCL 1-26-7.1.

Chapter 02:01:06 Training program

ARSD 02:01:06:01 Training program required for permanent status

No person shall be certified as a law enforcement officer until such person has satisfactorily completed a training program approved by the commission.

History

  • Source: 2 SDR 37, effective November 20, 1975.
  • General Authority: SDCL 23-3-41.
  • Law Implemented: SDCL 23-3-41.
ARSD 02:01:06:01.01 Priority for training

Municipal officers, county officers, highway patrolmen, division of criminal investigation agents, and conservation officers shall have priority for certification training.

The request for certification by another type of officer shall be reviewed in accordance with Attorney General's Opinion 78-3.

History

  • Source: 8 SDR 82, effective January 13, 1982.
  • General Authority: SDCL 23-3-41.
  • Law Implemented: SDCL 23-3-41.
ARSD 02:01:06:02 Temporary or probationary appointment

A person qualified under chapter 2:01:02 who has not completed the training program required by § 2:01:06:01 or whose certification has expired under § 2:01:02:11, may be appointed on a temporary or probationary basis as a noncertified law enforcement officer for a period not to exceed twelve cumulative months. The person may not work in an enforcement capacity until the person has successfully completed the state qualifying firearms course and received instruction from the appointing agency on its use of force or response to resistance policy. The Law Enforcement Officers Standards and Training Commission may waive the requirement to complete the state qualifying firearms course upon written request of a law enforcement agency documenting that the appointed person is a certified officer with another agency and has successfully completed a firearms qualification course within the year prior to the appointment. In municipalities of the third class, the commission may extend the one-year temporary or probationary period for an additional year if a written request has been received by the commission from the hiring agency prior to the expiration of the first year.

History

  • Source: 2 SDR 37, effective November 20, 1975; 11 SDR 135, effective April 14, 1985; 12 SDR 1, effective July 17, 1985; 42 SDR 101, effective January 12, 2016; 50 SDR 63, effective November 28, 2023.
  • General Authority: SDCL 23-3-35(3),23-3-41.
  • Law Implemented: SDCL 23-3-35(3), 23-3-41.
ARSD 02:01:06:02.01 Emergency response appointment

02 : 01 : 06 : 02.01 . Emergency response appointment. A person qualified under chapter 2:01:02 who has not completed the training program required by § 2:01:06:01 may be appointed on a temporary basis as a law enforcement officer in order to provide assistance to an appointing agency under an Emergency Management Assistance Compact. An appointed person may not work in an enforcement capacity until the appointed person has received instruction from the appointing agency on its use of force or response to resistance policy. The appointed person shall be a certified officer with another law enforcement agency and shall have successfully completed a firearms qualification course within the year prior to the appointment. Proof of certification and qualification required under this section shall be provided to the Office of Law Enforcement Training.

History

  • Source: 43 SDR 161, effective May 19, 2017; 44 SDR 21, effective August 16, 2017.
  • General Authority: SDCL 23-3-35(3), 23-3-41.
  • Law Implemented: SDCL 23-3-35(3), 23-3-41.
ARSD 02:01:06:02.02 Calculation of temporary or probationary appointment period

The Law Enforcement Officers Standards and Training Commission shall count any time the officer served as a noncertified law enforcement officer and subtract said time from the period authorized by § 2:01:06:02 to complete the training program required by § 2:01:06:01. The commission will allow the officer the remaining balance of time to complete the training program required by § 2:01:06:01.

History

  • Source: 50 SDR 63, effective November 28, 2023.
  • General Authority: SDCL 23-3-35(3), 23-3-41.
  • Law Implemented: SDCL 23-3-35(3), 23-3-41.
ARSD 02:01:06:02.03 Temporary or probationary period reset

Notwithstanding § 2:01:06:02.02, the Law Enforcement Officers Standards and Training Commission shall grant a person an additional twelve months to complete the training program required by § 2:01:06:01 if said person:

(1) Separated from a law enforcement agency during the person's temporary or probationary period;

(2) Has not been employed as a noncertified law enforcement officer for three or more years from date of first appointment; and

(3) Is appointed to a South Dakota law enforcement agency.

History

  • Source: 50 SDR 63, effective November 28, 2023.
  • General Authority: SDCL 23-3-35(3), 23-3-41.
  • Law Implemented: SDCL 23-3-35(3), 23-3-41.
ARSD 02:01:06:03 Reciprocity

The Law Enforcement Officers Standards and Training Commission may waive any portion of the training program requirement of § 2:01:06:01, except firearms, emergency vehicle operations course, use of force, and the written reciprocity examination, upon formal application of a person requesting the waiver. The application must show that the person has completed a basic law enforcement certification course of equivalent content and quality in another jurisdiction no more than two years prior to the date of the appointment or has been employed within the prior two years as a fully empowered certified law enforcement officer in another jurisdiction and has completed a basic law enforcement certification course of equivalent content and quality. The commission's executive secretary shall administer to the applicant a written examination to determine the applicant's state of competence. Upon completion of the examination, the executive secretary or designee must notify the applicant of the training to be completed before the applicant may be certified. After the applicant successfully completes the required training and if the applicant meets the minimum standards for certification of § 2:01:02:01, the commission must issue the applicant a certificate as a certified law enforcement officer.

Upon application, the commission may permit a person to undertake the reciprocity certification process outlined in this section if that person:

(1) Completed a basic law enforcement certification course of equivalent content and quality in another jurisdiction more than two years prior to the date of the appointment; or

(2) Separated as a fully empowered certified law enforcement officer in another jurisdiction more than two years prior to the date of the appointment and has completed a basic law enforcement certification course of equivalent content and quality.

In determining whether to permit the person to undertake the reciprocity certification process, the commission shall consider in totality the person's law enforcement experience, law enforcement training, and related substantiative experience. Prior to considering the application, the executive secretary shall conduct a review of the person's law enforcement experience, law enforcement training, and related substantiative experience and provide a recommendation to the commission.

History

  • Source: SL 1975, ch 16, § 1; transferred from § 2:01:02:04, 2 SDR 37, effective November 20, 1975; 8 SDR 82, effective January 13, 1982; 14 SDR 81, effective December 6, 1987; 32 SDR 113, effective January 3, 2006; 47 SDR 41, effective October 12, 2020; 50 SDR 63, effective November 28, 2023.
  • General Authority: SDCL 23-3-35(1), 23-3-42.
  • Law Implemented: SDCL 23-3-44.
ARSD 02:01:06:03.01 Refresher course, Repealed

Refresher course. Repealed.

History

  • Source: 28 SDR 150, effective May 2, 2002; 50 SDR 63, effective November 28, 2023.
ARSD 02:01:06:04 Certificate of qualification

Upon successful completion of the training program required by § 2:01:06:01 or the waiver of the training program under § 2:01:06:03, and upon receipt of a statement signed by the head of the hiring agency verifying compliance with chapter 2:01:02, the commission shall issue a certificate to the law enforcement officer stating that he is a certified South Dakota law enforcement officer.

History

  • Source: 2 SDR 37, effective November 20, 1975; 11 SDR 135, effective April 14, 1985; 12 SDR 1, effective July 17, 1985.
  • General Authority: SDCL 23-3-35(1), 23-3-35(2), 23-3-35(3).
  • Law Implemented: SDCL 23-3-35(1), 23-3-35(2), 23-3-35(3), 23-3-42, 23-3-44.
ARSD 02:01:06:05 Approved basic training course

The commission shall approve a basic training course for certification as a law enforcement officer which consists of a 520 hour curriculum of training which includes the following subject areas:

(1) Program administration;

(2) Police practices and procedures;

(3) Legal aspects;

(4) Human behavior; and

(5) Domestic abuse.

History

  • Source: 2 SDR 37, effective November 20, 1975; 11 SDR 135, effective April 14, 1985; 12 SDR 1, effective July 17, 1985; 18 SDR 188, effective May 17, 1992; 25 SDR 118, effective March 29, 1999; 27 SDR 63, effective January 2, 2001; 31 SDR 94, effective January 4, 2005; 37 SDR 182, effective April 21, 2011.
  • General Authority: SDCL 23-3-35(2), 23-3-35(4), 23-3-39.4, 23-3-41.
  • Law Implemented: SDCL 23-3-35(4), 23-3-39.4, 23-3-42.
ARSD 02:01:06:05.01 Dismissal from basic training course

02 : 01 : 06 : 05.01 . Dismissal from basic training course. A person who fails to successfully complete the basic training program due to dismissal from employment or a voluntary resignation from the basic training program, but is otherwise in compliance with the basic academy handbook at the time of dismissal or resignation, may apply to the executive secretary for reinstatement in a future basic training program so long as that individual is otherwise eligible.

History

  • Source: 47 SDR 41, effective October 12, 2020.
  • General Authority: SDCL 23-3-35(2).
  • Law Implemented: SDCL 23-3-41, 23-3-42.
ARSD 02:01:06:06 Successful completion of training course

An applicant, to successfully complete the training course, must receive a passing score on all written and skills examinations administered in connection with the course. The executive secretary, at the direction of the commission, shall establish rules of internal management setting forth the passing score for each examination. The executive secretary shall, prior to the commencement of the training course, notify applicants of the level of performance that constitutes a passing score for each examination. An applicant may retake the examination within seven days of failing the examination. The executive secretary may for cause allow an applicant to retake a test at other times. An applicant may not take an examination more than twice.

History

  • Source: 2 SDR 37, effective November 20, 1975; 3 SDR 75, effective May 2, 1977; 11 SDR 135, effective April 14, 1985; 12 SDR 1, effective July 17, 1985; 14 SDR 81, effective December 6, 1987; 25 SDR 34, effective September 16, 1998; 27 SDR 63, effective January 2, 2001; 28 SDR 150, effective May 2, 2002.
  • General Authority: SDCL 23-3-35(2).
  • Law Implemented: SDCL 23-3-35(2), 23-3-41.
ARSD 02:01:06:07 Place of training

Unless otherwise stated by the executive secretary, the approved basic training course shall be conducted at the criminal justice training center in Pierre, South Dakota.

History

  • Source: 2 SDR 37, effective November 20, 1975.
  • General Authority: SDCL 23-3-35(6).
  • Law Implemented: SDCL 23-3-35(6).
ARSD 02:01:06:08 Time course is conducted

The approved basic training course shall commence at such times as the executive secretary shall deem appropriate.

History

  • Source: 2 SDR 37, effective November 20, 1975.
  • General Authority: SDCL 23-3-35(1), 23-3-35(4).
  • Law Implemented: SDCL 23-3-35(1), 23-3-35(4).
ARSD 02:01:06:09 Student discipline during basic training course

The executive secretary may enforce restrictions and rules of internal management as are necessary to maintain the orderly instruction of students and efficient operation of the school. Students must comply with such restrictions and rules as set forth by the executive secretary in the basic certification course student handbook, or such other specific directives as the executive secretary may issue.

History

  • Source: 2 SDR 37, effective November 20, 1975; 25 SDR 34, effective September 16, 1998; 31 SDR 94, effective January 4, 2005.
  • General Authority: SDCL 23-3-35(2), 23-3-35(11).
  • Law Implemented: SDCL 23-3-41, 23-3-42.
ARSD 02:01:06:10 Repealed

Firearms.** Repealed.

History

  • Source: 2 SDR 37, effective November 20, 1975; repealed, 25 SDR 34, effective September 16, 1998.
ARSD 02:01:06:11 Repealed

Guests of opposite sex.** Repealed.

History

  • Source: 2 SDR 37, effective November 20, 1975; repealed, 25 SDR 34, effective September 16, 1998.
ARSD 02:01:06:12 Repealed

Alcoholic beverages.** Repealed.

History

  • Source: 2 SDR 37, effective November 20, 1975; repealed, 25 SDR 34, effective September 16, 1998.
ARSD 02:01:06:13 Repealed

Arrest.** Repealed.

History

  • Source: 2 SDR 37, effective November 20, 1975; 8 SDR 82, effective January 13, 1982; repealed, 25 SDR 34, effective September 16, 1998.
ARSD 02:01:06:14 Dismissal

The executive secretary of the Law Enforcement Officers Standards and Training Commission may dismiss from the school any person who violates any restriction or regulation established by the executive secretary to administer or maintain order during the basic training course. The executive secretary may dismiss any person who engages in conduct that would be grounds for revocation or suspension of certification if the person was certified. The executive secretary may dismiss from the school any person who fails to meet academic or skills proficiency standards outlined in the student handbook.

History

  • Source: 2 SDR 37, effective November 20, 1975; 25 SDR 34, effective September 16, 1998; 50 SDR 63, effective November 28, 2023.
  • General Authority: SDCL 23-3-35(1).
  • Law Implemented: SDCL 23-3-35(1)(2)(4).
ARSD 02:01:06:15 Appeal

The executive secretary's decision to dismiss shall be appealable under chapter 2:01:04.

History

  • Source: 2 SDR 37, effective November 20, 1975.
  • General Authority: SDCL 23-3-35(1).
  • Law Implemented: SDCL 1-26-18.
ARSD 02:01:06:16 Repealed

Training program fees.** Repealed.

History

  • Source: 14 SDR 81, effective December 6, 1987; 18 SDR 188, effective May 17, 1992; 25 SDR 34, effective September 16, 1998; 27 SDR 63, effective January 2, 2001; repealed, 36 SDR 216, effective July 6, 2010.
ARSD 02:01:06:17 Basic requirement for continuing education of officers

Beginning July 1, 2006, to maintain a basic certification, a law enforcement officer must complete 40 hours of training in a two-year period in the following areas:

(1) Annual firearms requalification to include completion of a certified shooting course with a passing score of at least 75 percent;

(2) Continuing education to include completion of courses sponsored by law enforcement training or courses approved and documented by the law enforcement officer's agency in subject areas listed in § 2:01:06:05;

(3) At least two hours of training in crisis intervention or mental illness; and

(4) At least two hours of training in response-to-resistance training.

These hours will be calculated biennially during even-numbered calendar years. A written report containing the name of the law enforcement officer, signed by the agency head or designee, certifying that the officer has successfully completed the continuing educational requirements and firearms requalification, must be submitted by the employing agency to the executive secretary no later than January 25th of the year following an even-numbered year. An agency shall maintain training records and make them available for inspection by the commission, through the Office of Law Enforcement Training. A failure to complete the requirements necessary to maintain basic certification within the two-year period will result in the certification becoming inactive until such time as all training requirements are completed.

History

  • Source: 32 SDR 225, effective June 26, 2006; 35 SDR 171, effective December 30, 2008; 42 SDR 101, effective January 12, 2016; 47 SDR 130, effective June 6, 2021.
  • General Authority: SDCL 23-3-35(1)(3), 23-3-42.
  • Law Implemented: SDCL 23-3-26, 23-3-42.
ARSD 02:01:06:17.01 Firearm requalification

Each law enforcement officer shall requalify with the officer's duty handgun every calendar year by completing a certified shooting course that is administered by a firearms instructor who has been approved by the commission or the executive secretary in accordance with § 2:01:06:17.05. The certified shooting course must be approved by the commission. A law enforcement officer may not qualify or requalify on a noncertified course. A law enforcement officer must obtain a passing score of at least 75 percent.

History

  • Source: 32 SDR 225, effective June 26, 2006; 35 SDR 171, effective December 30, 2008.
  • General Authority: SDCL 23-3-35(1)(3), 23-3-42.
  • Law Implemented: SDCL 23-3-26, 23-3-42.
ARSD 02:01:06:17.02 Issuance, denial, or revocation of qualification

A law enforcement officer who does not successfully complete the requirements in § 2:01:06:17, may not perform the duties of a law enforcement officer. If a certified law enforcement officer fails to meet this standard by December 31st of each reporting year, the officer's certificate becomes inactive until the employing agency provides documentation to the commission or executive secretary establishing that these training standards have been satisfied.

History

  • Source: 32 SDR 225, effective June 26, 2006; 35 SDR 171, effective December 30, 2008.
  • General Authority: SDCL 23-3-35(1)(3), 23-3-42.
  • Law Implemented: SDCL 23-3-26, 23-3-42.
ARSD 02:01:06:17.03 Waiver

The commission may waive the requirements of any provision of this section upon presentation of documentary evidence by an agency that a law enforcement officer has satisfactorily completed training equivalent to that required in § 2:01:06:17 or that good cause exists for a waiver. Good cause for a waiver would include matters such as military service, illness, injury, or an authorized leave of absence.

History

  • Source: 32 SDR 225, effective June 26, 2006.
  • General Authority: SDCL 23-3-26, 23-3-35(1)(3).
  • Law Implemented: SDCL 23-3-42.
ARSD 02:01:06:17.04 Notification of suspension or revocation of certification -- Hearing

The executive secretary shall notify in writing any law enforcement officer and the agency administrator when there is a reasonable basis for suspending or revoking a law enforcement officer's certification due to the officer's failure to comply with the continuing educational requirements of this section. Every law enforcement officer has the right to a hearing on the issue of suspension or revocation.

History

  • Source: 32 SDR 225, effective June 26, 2006.
  • General Authority: SDCL 23-3-26, 23-3-35(1)(3).
  • Law Implemented: SDCL 23-3-42.
ARSD 02:01:06:17.05 Standards for authorization to act as firearms instructor

The commission or the executive secretary may authorize an individual to act as a firearms instructor under § 2:01:06:17.01, if the individual successfully completes the following courses:

(1) A law enforcement handgun instructor course which, at a minimum, addresses the following subject areas:

(a) Liability and use of force;

(b) Safety and basic handgun nomenclature;

(c) Basic handling and operation of handguns;

(d) Fundamentals of shooting and remediation of shooting errors; and

(e) Skill building and testing; and

(2) An instructor development course or a similar course of study that includes the development of lesson plans, teaching objectives, and test questions.

A firearms instructor must successfully complete a minimum of 24 hours of continuing education in the areas listed in subdivision (1) or (2), every four calendar years, beginning January 1, 2009. If a firearms instructor fails to meet or maintain the training requirements listed in this section, the instructor's authorization to act as a commission-approved firearms instructor is suspended until such time as the appropriate training has been successfully completed and approved by the commission or executive secretary.

History

  • Source: 35 SDR 171, effective December 30, 2008.
  • General Authority: SDCL 23-3-35(1)(3), 23-3-42.
  • Law Implemented: SDCL 23-3-26, 23-3-42.

Chapter 02:01:07 Reserve law enforcement officers

ARSD 02:01:07:01 Definitions

Terms used in chapters 2:01:07 to 2:01:09, inclusive, mean:

(1) "Commission," the law enforcement standards and training commission established by SDCL 23-3-28;

(2) "Emergency," any unforeseen condition or situation that involves imminent peril to the health, safety, and welfare of the public;

(3) "Law enforcement agency," a municipal police department or county sheriff's office of a political subdivision of the state of South Dakota, or a law enforcement agency of the state of South Dakota;

(4) "Reserve law enforcement officer" or "reserve officer," a person appointed by the appointing authority of a law enforcement agency to supplement and support, without supplanting, law enforcement officers of that agency as a member of a reserve law enforcement officer unit, and who acts in that capacity without compensation except in an emergency, or as permitted by § 2:01:07:03; and

(5) "Reserve law enforcement officer unit" or "reserve unit," one or more reserve law enforcement officers trained by a law enforcement agency to perform duties as a reserve law enforcement officer and which as a unit has been certified by the state law enforcement standards and training commission.

History

  • Source: 3 SDR 75, effective May 2, 1977; 8 SDR 82, effective January 13, 1982; 26 SDR 120, effective March 27, 2000.
  • General Authority: SDCL 23-3-35(1).
  • Law Implemented: SDCL 23-3-27, 23-3-35, 23-3-42.
ARSD 02:01:07:02 Direction and control of chief officer

Any reserve law enforcement officer or reserve law enforcement officer unit is subject to the direction and control of the chief officer of the law enforcement agency that appointed the reserve officer or established the reserve unit.

History

  • Source: 26 SDR 120, effective March 27, 2000.
  • General Authority: SDCL 23-3-35(1).
  • Law Implemented: SDCL 23-3-26, 23-3-27, 23-3-35, 23-3-42.
ARSD 02:01:07:03 Compensation for special events

The executive secretary may authorize a law enforcement agency to pay compensation to a reserve officer for order, maintenance, and security functions at sporting events, parades, and other special events. The law enforcement agency shall submit any request for authority to pay compensation to the executive secretary 30 days in advance of the performance of services for which compensation is requested.

History

  • Source: 26 SDR 120, effective March 27, 2000.
  • General Authority: SDCL 23-3-35(1).
  • Law Implemented: SDCL 23-3-26, 23-3-27, 23-3-35, 23-3-42.
ARSD 02:01:07:03.01 Compensation of reserve law enforcement officers when full- or part-time officers are called to active military duty

The executive secretary may authorize a law enforcement agency to compensate a reserve officer when the reserve officer is assigned duties to replace a full- or part-time officer who has been called to active military duty for a period exceeding 30 consecutive days. A law enforcement agency's authority to compensate a reserve officer terminates when the absent law enforcement officer completes active military duty. A law enforcement agency requesting authority to compensate a reserve officer must provide the executive secretary with documentation of the absent law enforcement officer's military activation orders.

History

  • Source: 30 SDR 40, effective October 1, 2003.
  • General Authority: SDCL 23-3-35(1).
  • Law Implemented: SDCL 23-3-35, 23-3-42.
ARSD 02:01:07:03.02 Expired

02 : 01 : 07 : 03.02 . Compensation of reserve law enforcement officers to respond to emergencies. ( E xpired 7 /2 6 /2020)

History

  • Source: 46 SDR 125, effective April 27, 2020 (Emergency Rule); Expired July 26, 2020.
ARSD 02:01:07:04 Supervision

A reserve officer shall work under the direct supervision of a certified law enforcement officer, unless the reserve officer is certified pursuant to chapter 2:01:02, or has at least 320 hours of training and experience as a reserve officer and is authorized by the chief officer to work independently.

History

  • Source: 26 SDR 120, effective March 27, 2000.
  • General Authority: SDCL 23-3-35(1).
  • Law Implemented: SDCL 23-3-27, 23-3-35, 23-3-42.
ARSD 02:01:07:05 Power of arrest

A certified reserve law enforcement officer has the same power of arrest granted to a law enforcement officer pursuant to SDCL chapter 23A-3.

History

  • Source: 26 SDR 120, effective March 27, 2000.
  • General Authority: SDCL 23-3-35(1).
  • Law Implemented: SDCL 23-3-27, 23-3-35, 23-3-42.

Chapter 02:01:08 Reserve officer certification

ARSD 02:01:08:01 Reserve officer certification

No person may serve as a reserve law enforcement officer without meeting the minimum standards set forth in chapter 2:01:02 and obtaining certification from the law enforcement standards and training commission as a reserve law enforcement officer.

History

  • Source: 3 SDR 75, effective May 2, 1977; 26 SDR 120, effective March 27, 2000.
  • General Authority: SDCL 23-3-35(1).
  • Law Implemented: SDCL 23-3-27, 23-3-35, 23-3-42.
ARSD 02:01:08:02 Time of certification

A reserve law enforcement officer appointed by an appointing authority has one year from the date of appointment to obtain certification from the commission as a reserve law enforcement officer.

History

  • Source: 3 SDR 75, effective May 2, 1977; 26 SDR 120, effective March 27, 2000.
  • General Authority: SDCL 23-3-35(1).
  • Law Implemented: SDCL 23-3-27, 23-3-35, 23-3-42.
ARSD 02:01:08:03 Required training program

No person may be certified as a reserve law enforcement officer or perform any duties as a reserve law enforcement officer until such person has satisfactorily completed a training program approved by the commission.

History

  • Source: 3 SDR 75, effective May 2, 1977; 26 SDR 120, effective March 27, 2000.
  • General Authority: SDCL 23-3-35(1).
  • Law Implemented: SDCL 23-3-27, 23-3-35, 23-3-39, 23-3-42.
ARSD 02:01:08:04 Contents of mandatory training program

The training program referred to in § 2:01:08:03 shall consist of at least 100 hours of training by qualified instructors, with curriculum approved by the law enforcement standards and training commission in the following areas:

(1) Program administration;

(2) Police practices and procedures;

(3) Legal aspects;

(4) Human behavior; and

(5) Domestic violence.

History

  • Source: 3 SDR 75, effective May 2, 1977; 25 SDR 34, effective September 16, 1998; 26 SDR 120, effective March 27, 2000; 31 SDR 94, effective January 4, 2005.
  • General Authority: SDCL 23-3-35(1).
  • Law Implemented: SDCL 23-3-27, 23-3-35, 23-3-39, 23-3-42.
ARSD 02:01:08:04.01 Requirements for continuing education

To maintain certification, a reserve law enforcement officer must comply with the requirements of § 2:01:06:17.

History

  • Source: 33 SDR 50, effective September 26, 2006.
  • General Authority: SDCL 23-3-35(1).
  • Law Implemented: SDCL 23-3-27, 23-3-35, 23-3-39, 23-3-42.
ARSD 02:01:08:05 Transfer of certification credits not allowed

If a person certified as a reserve law enforcement officer desires to be certified as a law enforcement officer all the requirements of certification as a law enforcement officer must be met. No credit will be available for prior service or training as a reserve officer.

History

  • Source: 3 SDR 75, effective May 2, 1977; 26 SDR 120, effective March 27, 2000.
  • General Authority: SDCL 23-3-35(1).
  • Law Implemented: SDCL 23-3-27, 23-3-35, 23-3-42.
ARSD 02:01:08:06 Revocation of reserve law enforcement officer certification

The commission may revoke or suspend the certification of a reserve law enforcement officer for the same reasons as set forth in chapter 2:01:11, and using the same procedure as set forth is chapter 2:01:11.

History

  • Source: 25 SDR 34, effective September 16, 1998; 26 SDR 120, effective March 27, 2000.
  • General Authority: SDCL 23-3-35(1).
  • Law Implemented: SDCL 23-3-35, 23-3-42.

Chapter 02:01:09 Reserve unit certification

ARSD 02:01:09:01 Establishing reserve law enforcement officer units

A law enforcement agency may establish and maintain a reserve law enforcement officer unit only when certified by the commission to operate a reserve unit.

History

  • Source: 3 SDR 75, effective May 2, 1977; 26 SDR 120, effective March 27, 2000.
  • General Authority: SDCL 23-3-35(1).
  • Law Implemented: SDCL 23-3-27, 23-3-35, 23-3-42.
ARSD 02:01:09:02 Standards for certification

The commission shall certify a law enforcement agency to establish and maintain a reserve unit when the agency implements and maintains the training program required by §§ 2:01:08:03 and 2:01:08:04 and complies with the requirements of chapters 2:01:07, 2:01:08, and 2:01:09.

History

  • Source: 3 SDR 75, effective May 2, 1977; 26 SDR 120, effective March 27, 2000.
  • General Authority: SDCL 23-3-35(1).
  • Law Implemented: SDCL 23-3-27, 23-3-35, 23-3-42.
ARSD 02:01:09:03 Required duty hours

A reserve law enforcement officer shall perform a minimum of ninety-six hours of duty each calendar year, or a proportionate share thereof when an appointment is for less than an entire calendar year. A reserve law enforcement officer failing to perform the minimum hours required in a year is inactive and may not perform further duty as a reserve law enforcement officer until recertified by the commission's executive secretary. No reserve law enforcement officer may perform more than forty hours of duty during any month except if necessary in an emergency. The executive secretary may, upon written request of a law enforcement agency, authorize a reserve officer to perform more than forty hours of duty during a month. Reportable duty hours are both hours worked performing reserve law enforcement officer duties and hours received in training as a reserve law enforcement officer.

History

  • Source: 3 SDR 75, effective May 2, 1977; 26 SDR 120, effective March 27, 2000; 31 SDR 94, effective January 4, 2005; 50 SDR 63, effective November 28, 2023.
  • General Authority: SDCL 23-3-35(1), 23-3-42.
  • Law Implemented: SDCL 23-3-35(1), 23-3-42.
ARSD 02:01:09:03.01 Expired

Waiver. (Expired 3/21/2021)

History

  • Source: 47 SDR 78, effective December 21, 2020 (Emergency Rule, effective December 21, 2020); Expired March 21, 2021.
ARSD 02:01:09:04 Required records

A law enforcement agency certified to establish and maintain a reserve law enforcement officer unit shall keep a record of training, duties, and hours on duty for each reserve law enforcement officer, on forms prescribed and furnished by the commission.

History

  • Source: 3 SDR 75, effective May 2, 1977; 26 SDR 120, effective March 27, 2000.
  • General Authority: SDCL 23-3-35(1).
  • Law Implemented: SDCL 23-3-27, 23-3-35, 23-3-42.
ARSD 02:01:09:05 Inspection of records

A law enforcement agency shall make the records required by § 2:01:09:04 available for inspection and copying at the request of the commission.

History

  • Source: 3 SDR 75, effective May 2, 1977; 26 SDR 120, effective March 27, 2000.
  • General Authority: SDCL 23-3-35(1).
  • Law Implemented: SDCL 23-3-27, 23-3-35, 23-3-42.
ARSD 02:01:09:06 Repealed

Records of duty hours required.** Repealed.

History

  • Source: 3 SDR 75, effective May 2, 1977; repealed, 26 SDR 120, effective March 27, 2000.
ARSD 02:01:09:07 Revocation of unit certification

The commission may suspend or revoke the reserve unit certification of any law enforcement agency violating the provisions of chapters 2:01:07, 2:01:08, and 2:01:09 .

History

  • Source: 3 SDR 75; effective May 2, 1977; 26 SDR 120, effective March 27, 2000.
  • General Authority: SDCL 23-3-35(1).
  • Law Implemented: SDCL 23-3-27, 23-3-35, 23-3-42.
ARSD 02:01:09:08 Repealed

Annual reports.** Repealed.

History

  • Source: 3 SDR 75, effective May 2, 1977; repealed, 26 SDR 120, effective March 27, 2000.

Chapter 02:01:10 Polygraph examiner licensing

ARSD 02:01:10:01 Definitions

Terms used in this chapter mean:

(1) "Commission," the Law Enforcement Standards and Training Commission codified by SDCL 23-3-28 and 23-3-30;

(2) "Executive secretary," an agent of the Division of Criminal Investigation appointed by the commission;

(3) "Polygraph," an instrument that records permanently and simultaneously a subject's cardiovascular and respiratory patterns or other physiological changes pertinent to the detection of deception; and

(4) "Polygraph examiner," a person who uses a polygraph to test or question individuals for the purpose of detecting deception.

History

  • Source: 11 SDR 135, effective April 14, 1985; 12 SDR 1, effective July 17, 1985; 50 SDR 63, effective November 28, 2023.
  • General Authority: SDCL 23-3-35(1).
  • Law Implemented: SDCL 23-3-35(13), 36-30-1.
ARSD 02:01:10:02 Additional licensing requirements

In addition to the licensing requirements in SDCL 36-30-3, a person must be at least 21 years of age to receive a license as a polygraph examiner. The study requirements in SDCL 36-30-3(2) may be satisfied by completion of at least 240 hours of study in the use of a polygraph in the detection of deception at a school certified by the American Polygraph Association or the American Association of Police Polygraphists. An applicant may not previously have had an examiner's license or its equivalent refused, revoked, suspended, or otherwise invalidated for any of the grounds listed in § 2:01:10:05.

History

  • Source: 11 SDR 135, effective April 14, 1985; 12 SDR 1, effective July 17, 1985; 45 SDR 84, effective December 18, 2018.
  • General Authority: SDCL 23-3-35(13).
  • Law Implemented: SDCL 36-30-2, 36-30-3.
ARSD 02:01:10:03 License renewal or transfer

An examiner's license expires on December 31 of the third year after its issuance. The license may be renewed every three years upon payment of the required fee of $75. A license issued pursuant to this chapter is not assignable or transferable.

History

  • Source: 11 SDR 135, effective April 14, 1985; 12 SDR 1, effective July 17, 1985; 31 SDR 94, effective January 4, 2005.
  • General Authority: SDCL 23-3-35(13).
  • Law Implemented: SDCL 36-30-3.
ARSD 02:01:10:04 Reciprocity

An applicant who is a licensed polygraph examiner in another state or territory of the United States may be issued a license if he meets the following requirements:

(1) The requirements for a polygraph examiner in the other state or territory are substantially equivalent to the requirements of SDCL 36-30 and this chapter;

(2) The applicant has engaged in the administration of truth and deception examinations under the laws of the other state or territory for at least six months prior to the application for license;

(3) The other state or territory grants similar reciprocity to the license holders of this state;

(4) The applicant has paid the required $75 fee.

History

  • Source: 11 SDR 135, effective April 14, 1985; 12 SDR 1, effective July 17, 1985; 34 SDR 77, effective September 25, 2007.
  • General Authority: SDCL 23-3-35(13).
  • Law Implemented: SDCL 36-30-3.
ARSD 02:01:10:05 Reasons for denial, suspension, or revocation of license

The commission may deny, suspend, or revoke a license for any one or more of the following grounds after a hearing held in accordance with chapter 2:01:04:

(1) Failure to inform a subject to be examined of the nature of the examination;

(2) Failure to inform a subject to be examined that participation is voluntary;

(3) Asking questions during a polygraph examination regarding the examinee's sexual practices; labor union, political, or religious affiliations; or marital relationship, except when such questions have a bearing on the areas or issues under examination;

(4) Material misstatement in the application for the original license or in the application for a renewal of the license;

(5) Willfully making a false report concerning a polygraph examination;

(6) Conviction of a felony or of a crime involving moral turpitude, including, but not limited to, dishonesty, fraud, or unauthorized divulging or selling of information or evidence;

(7) Making a willful misrepresentation or false promise or causing to be printed a false or misleading advertisement for the purpose of directly or indirectly obtaining business;

(8) Having demonstrated incompetence to act as a polygraph examiner;

(9) Allowing a license under this act to be used by an unlicensed person;

(10) Willfully aiding or abetting another in the violation of SDCL 36-30 or this chapter;

(11) Adjudication of mental illness;

(12) Failure to provide information requested by the executive secretary as a result of a formal complaint in writing to the executive secretary or as a result of substantive information otherwise received by him which would indicate a violation of SDCL 36-30 or this chapter;

(13) Failing to inform the subject of the results of the examination if so required; or

(14) Willful disregard or violation of any of the provisions of SDCL 36-30 or this chapter.

History

  • Source: 11 SDR 135, effective April 14, 1985; 12 SDR 1, effective July 17, 1985.
  • General Authority: SDCL 23-3-35(13).
  • Law Implemented: SDCL 36-30-3.
ARSD 02:01:10:06 Period of license suspension or revocation

If a license is suspended, it shall be suspended for a definite period of time, but not more than two years. If a license is revoked, it shall be revoked for not less than two years. A person who has had his license revoked for cause may apply to the commission for reinstatement two years after the license was revoked.

History

  • Source: 11 SDR 135, effective April 14, 1985; 12 SDR 1, effective July 17, 1985.
  • General Authority: SDCL 23-3-35(13).
  • Law Implemented: SDCL 36-30-3.
ARSD 02:01:10:07 Surrender of license

The licensee shall surrender a revoked or suspended license to the executive secretary within 30 days after notice of revocation or suspension. If the licensee fails to do so, the executive secretary may seize the license.

History

  • Source: 11 SDR 135, effective April 14, 1985; 12 SDR 1, effective July 17, 1985.
  • General Authority: SDCL 23-3-35(13).
  • Law Implemented: SDCL 36-30-3.
ARSD 02:01:10:08 Nonresident court compliance

An applicant for a license under SDCL 36-30 who is a nonresident of this state shall file a consent with the executive secretary stating that suits and actions may be commenced against the applicant in the proper court of any county of this state by service of process on the executive secretary. The nonresident applicant shall stipulate in the consent that service of process on the executive secretary shall be taken in all courts as valid and binding as if service has been made upon the applicant himself in the state. A duplicate of the process served on the executive secretary shall be immediately forwarded by registered mail to the main office of the applicant against whom the process is directed.

History

  • Source: 11 SDR 135, effective April 14, 1985; 12 SDR 1, effective July 17, 1985.
  • General Authority: SDCL 23-3-35(13).
  • Law Implemented: SDCL 36-30-3.

Chapter 02:01:11 Revocation of law enforcement officer certification

ARSD 02:01:11:01 Revocation or suspension of certification of law enforcement officer -- Executive secretary to report

The commission may revoke or suspend the certification of a law enforcement officer who: has been convicted of or received a suspended imposition of sentence for either a misdemeanor involving moral turpitude or a felony; has falsified any information required to obtain certification; has been discharged for cause from employment as a law enforcement officer; has failed to secure domestic abuse training required by SDCL 23-3-39.4; or has engaged in conduct unbecoming of a law enforcement officer. The executive secretary shall place on the National Decertification Index the officer's name concerning such revocation or suspension and supply, upon request from any other law enforcement agency, any investigative report regarding the conduct leading to the revocation or suspension.

History

  • Source: 2 SDR 37, effective November 20, 1975; 8 SDR 82, effective January 13, 1982; transferred from § 2:01:02:07, 14 SDR 81, effective December 6, 1987; 25 SDR 34, effective September 16, 1998; 25 SDR 118, effective March 29, 1999; 31 SDR 94, effective January 4, 2005; 34 SDR 77, effective September 25, 2007; 47 SDR 130, effective June 6, 2021.
  • General Authority: SDCL 23-3-35(3), 23-3-42.
  • Law Implemented: SDCL 23-3-39.4, 23-3-42.
ARSD 02:01:11:02 Moral turpitude

For the purposes of this chapter, "moral turpitude" has the same meaning as in SDCL 22-1-2(25).

History

  • Source: 2 SDR 37, effective November 20, 1975; 11 SDR 135, effective April 14, 1985; 12 SDR 1, effective July 17, 1985; transferred from § 2:01:02:09, 14 SDR 81, effective December 6, 1987; 18 SDR 188, effective May 17, 1992; 47 SDR 130, effective June 6, 2021.
  • General Authority: SDCL 23-3-35(3).
  • Law Implemented: SDCL 22-1-2(25), 23-3-35(3).
ARSD 02:01:11:03 Procedure for obtaining a complaint form and filing a complaint requesting revocation of certification of law enforcement officer

A person believing that a violation of this chapter exists may request, either orally or in writing, a complaint form from the executive secretary. Within ten days after receiving the request, the executive secretary shall provide that person a complaint form approved by the commission. The complaint form may be provided by mail or by directing the person to an online complaint form.

The person submitting the complaint shall identify the law enforcement officer and state the relevant facts known to the complainant. The complainant must sign and verify the complaint to be true to the best of the complainant's knowledge, information, and belief. The complaint shall be filed with the executive secretary.

History

  • Source: 14 SDR 81, effective December 6, 1987; 25 SDR 34, effective September 16, 1998; 47 SDR 130, effective June 6, 2021.
  • General Authority: SDCL 23-3-35(3).
  • Law Implemented: SDCL 23-3-35(3).
ARSD 02:01:11:04 Investigation and dismissal of complaint

Upon the filing of a complaint, the executive secretary shall conduct an investigation of the allegations in the complaint, in accordance with the commission's internal operating procedures for complaints against certified law enforcement officers. In conjunction with an investigation, the executive secretary may require the law enforcement officer to undergo a psychological evaluation by a psychologist designated by the executive secretary to determine the officer's ability to perform the duties of a law enforcement officer. After the investigation is concluded, the executive secretary shall give notice of a contested case hearing under SDCL chapter 1-26 or submit the complaint and any investigative report to a commission member. After examining the complaint and investigative report, the commission member must either request further investigation, direct the executive secretary to give notice of a contested case hearing, or the commission member may dismiss the complaint if it appears that the grounds alleged in the complaint are frivolous, clearly unfounded in fact, or in the opinion of the commission member, the appointing authority has adequately responded to the allegations in the complaint. If the commission member dismisses the complaint, such dismissal shall be reported to the commission at its next regularly scheduled meeting.

History

  • Source: 14 SDR 81, effective December 6, 1987; 25 SDR 34, effective September 16, 1998; 47 SDR 130, effective June 6, 2021.
  • General Authority: SDCL 23-3-35(3).
  • Law Implemented: SDCL 23-3-35(3).
ARSD 02:01:11:05 Repealed

Notice of hearing.** Repealed.

History

  • Source: 14 SDR 81, effective December 6, 1987; repealed, 25 SDR 34, effective September 16, 1998.
ARSD 02:01:11:06 Hearing

The hearing on a complaint requesting the revocation or suspension of the certification of a law enforcement officer may be conducted, at the direction of the commission, by the full commission with the assistance of a hearing officer appointed by the chairman of the commission, or with the assistance of a hearing officer when less than a majority of the commission members are present. The commission may assign the contested case hearing to the Office of Hearing Examiners. The hearing shall be conducted pursuant to contested case procedure in SDCL chapter 1-26. The hearing shall be held in Pierre unless the commission designates otherwise.

History

  • Source: 14 SDR 81, effective December 6, 1987; 25 SDR 34, effective September 16, 1998.
  • General Authority: SDCL 23-3-35(3).
  • Law Implemented: SDCL 23-3-35(3).
ARSD 02:01:11:07 Burden of proof

At a hearing on a complaint, the complainant has the burden of establishing grounds for the revocation or suspension through proof by clear and convincing evidence.

History

  • Source: 14 SDR 81, effective December 6, 1987; 25 SDR 34, effective September 16, 1998; 31 SDR 94, effective January 4, 2005; 47 SDR 130, effective June 6, 2021.
  • General Authority: SDCL 23-3-35(3).
  • Law Implemented: SDCL 23-3-35(3).
ARSD 02:01:11:08 Application for reinstatement of certification

A person whose certification as a law enforcement officer has been revoked may, after one year, apply to the commission for reinstatement of the certification.

History

  • Source: 14 SDR 81, effective December 6, 1987; 47 SDR 41, effective October 12, 2020.
  • General Authority: SDCL 23-3-35(3).
  • Law Implemented: SDCL 23-3-35(3).
ARSD 02:01:11:09 Consent of decertification

Consent to decertification. A certified law enforcement officer who is subject to an investigation or pending action involving allegations of misconduct may consent to decertification. However, any ongoing investigation into allegations of misconduct will continue despite the consent to decertification.

A certified law enforcement officer who consents to decertification may, after one year, apply to the commission for reinstatement of certification. The executive secretary shall place on the National Decertification Index the officer's name concerning such decertification and supply, upon request from any other law enforcement agency, any investigative report regarding the conduct leading to decertification.

History

  • Source: 8 SDR 82, effective January 13, 1982; transferred from § 2:01:02:10, 14 SDR 81, effective December 6, 1987; 47 SDR 41, effective October 12, 2020; 47 SDR 130, effective June 6, 2021.
  • General Authority: SDCL 23-3-35(3), 23-3-42.
  • Law Implemented: SDCL 23-3-35(3), 23-3-42.
ARSD 02:01:11:10 Conduct unbecoming of a law enforcement officer

For the purpose of this chapter, "conduct unbecoming of a law enforcement officer" means the following:

(1) Conduct contrary to professional standards that shows an unfitness to discharge duties, including an act of moral turpitude;

(2) Conduct which adversely affects morale or efficiency of the force or damages public confidence;

(3) Failure to cooperate with the executive secretary or the commission regarding any investigation into the conduct of a law enforcement officer, unless the investigation subjects the officer to potential criminal liability;

(4) Failure to disclose to the executive secretary any arrest of the law enforcement officer within ten days from the arrest; disclosure to the executive secretary may be accomplished by the officer's agency administrator;

(5) Failure to intervene when a fellow officer is subjecting a person to excessive force, while having a realistic opportunity to take reasonable steps to prevent harm from occurring; an officer must report such intervention to the executive secretary within five days; disclosure to the executive secretary may be accomplished by the officer's agency administrator;

(6) Use or possession of marijuana or any marijuana derivative regardless of whether such use or possession may be legal under state law or pursuant to a valid prescription; or

(7) Use or possession of any controlled substance not obtained pursuant to a valid prescription.

History

  • Source: 25 SDR 34, effective September 16, 1998; 47 SDR 130, effective June 6, 2021.
  • General Authority: SDCL 23-3-35(3).
  • Law Implemented: SDCL 23-3-35(3).

Chapter 02:01:12 Computer voice stress analyzer examiner licensing

ARSD 02:01:12:01 Definitions

Terms used in this chapter are defined as follows:

(1) "Commission," the Law Enforcement Standards and Training Commission codified by SDCL 23-3-28 and 23-3-30;

(2) "Executive secretary," an agent of the Division of Criminal Investigation appointed by the commission;

(3) "Computer Voice Stress Analyzer (CVSA)," an instrument that detects, measures, and displays changes in voice frequency, which can be recorded permanently and simultaneously;

(4) "CVSA Examiner," a person who uses a CVSA to question individuals for the purpose of detecting deception.

History

  • Source: 31 SDR 94, effective January 4, 2005; 50 SDR 63, effective November 28, 2023.
  • General Authority: SDCL 23-3-35(1).
  • Law Implemented: SDCL 23-3-35(13), 23-3-35.1.
ARSD 02:01:12:02 Additional licensing requirements

In addition to the licensing requirements in SDCL 23-3-35.3, a person must be at least 21 years of age to receive a license as a CVSA examiner. The study requirements in SDCL 23-3-35.3(2) must be completed at a school or program approved by the executive secretary. An applicant may not previously have had an examiner's license or its equivalent refused, revoked, suspended, or otherwise invalidated for any of the grounds listed in these rules. An applicant may not previously have had certification as a law enforcement officer refused, revoked, suspended, or otherwise invalidated for any of the grounds listed in chapter 2:01:11.

History

  • Source: 31 SDR 94, effective January 4, 2005.
  • General Authority: SDCL 23-3-35(13).
  • Law Implemented: SDCL 23-3-35.3.
ARSD 02:01:12:03 License renewal or transfer

An examiner's license is for a term of three years. The license expires on December 31 of the last year that is not more than three years after its issuance. The license may be renewed upon payment of the required fee of $75. A license issued pursuant to this chapter is not assignable or transferable.

History

  • Source: 31 SDR 94, effective January 4, 2005.
  • General Authority: SDCL 23-3-35(13).
  • Law Implemented: SDCL 23-3-35.3.
ARSD 02:01:12:04 Reciprocity

An applicant who is a licensed CVSA examiner in another state or territory of the United States may be issued a license if he meets the following requirements:

(1) The requirements for a CVSA examiner in the other state or territory are substantially equivalent to the requirements of SDCL chapter 23-3 and this chapter;

(2) The applicant has engaged in the administration of truth and deception examinations under the laws of the other state or territory for at least six months prior to the application for license;

(3) The other state or territory grants similar reciprocity to the license holders of this state;

(4) The applicant has paid the required $75 fee.

History

  • Source: 31 SDR 94, effective January 4, 2005.
  • General Authority: SDCL 23-3-35(13).
  • Law Implemented: SDCL 23-3-35.3.
ARSD 02:01:12:05 Reasons for denial, suspension, or revocation of license

The commission may deny, suspend, or revoke a license for any one or more of the following grounds after a hearing held in accordance with chapter 2:01:04:

(1) Failure to inform a subject to be examined of the nature of the examination;

(2) Failure to inform a subject to be examined that participation is voluntary;

(3) Asking questions during a CVSA examination regarding the examinee's sexual practices; labor union, political, or religious affiliations; or marital relationship, except when such questions have a bearing on the areas or issues under examination;

(4) Material misstatement in the application for the original license or in the application for a renewal of the license;

(5) Willfully making a false report concerning a CVSA examination;

(6) Conviction of a felony or of a crime involving moral turpitude, including, but not limited to, dishonesty, fraud, or unauthorized divulging or selling of information or evidence;

(7) Making a willful misrepresentation or false promise or causing to be printed a false or misleading advertisement for the purpose of directly or indirectly obtaining business;

(8) Having demonstrated incompetence to act as a CVSA examiner;

(9) Allowing a license under this act to be used by an unlicensed person;

(10) Willfully aiding or abetting another in the violation of SDCL chapter 23-3 or this chapter;

(11) Adjudication of mental illness;

(12) Failure to provide information requested by the executive secretary as a result of a formal complaint in writing to the executive secretary or as a result of substantive information otherwise received by him which would indicate a violation of SDCL chapter 23-3 or this chapter;

(13) Failing to inform the subject of the results of the examination if so required; or

(14) Willful disregard or violation of any of the provisions of SDCL chapter 23-3 or this chapter.

History

  • Source: 31 SDR 94, effective January 4, 2005.
  • General Authority: SDCL 23-3-35(13).
  • Law Implemented: SDCL 23-3-35.3.
ARSD 02:01:12:06 Period of license suspension or revocation

If a license is suspended, it shall be suspended for a definite period of time, but not more than two years. If a license is revoked, it shall be revoked for not less than two years. A person who has had his license revoked for cause may apply to the commission for reinstatement two years after the license was revoked.

History

  • Source: 31 SDR 94, effective January 4, 2005.
  • General Authority: SDCL 23-3-35(13).
  • Law Implemented: SDCL 23-3-35.3.
ARSD 02:01:12:07 Surrender of license

The licensee shall surrender a revoked or suspended license to the executive secretary within 30 days after notice of revocation or suspension. If the licensee fails to do so, the executive secretary may seize the license.

History

  • Source: 31 SDR 94, effective January 4, 2005.
  • General Authority: SDCL 23-3-35(13).
  • Law Implemented: SDCL 23-3-35.3.
ARSD 02:01:12:08 Nonresident court compliance

An applicant for a license under SDCL chapter 23-3 who is a nonresident of this state shall file a consent with the executive secretary stating that suits and actions may be commenced against the applicant in the proper court of any county of this state by service of process on the executive secretary. The nonresident applicant shall stipulate in the consent that service of process on the executive secretary shall be taken in all courts as valid and binding as if service has been made upon the applicant himself in the state. A duplicate of the process served on the executive secretary shall be immediately forwarded by registered mail to the main office of the applicant against whom the process is directed.

History

  • Source: 31 SDR 94, effective January 4, 2005.
  • General Authority: SDCL 23-3-35(13).
  • Law Implemented: SDCL 23-3-35.3.

Chapter 02:01:13 Police canine team certification

ARSD 02:01:13:01 Definitions

Terms used in this chapter mean:

(1) "Police service dog," a canine used by a law enforcement agency to assist a law enforcement officer in accelerant detection, drug detection, explosive detection, patrol, or scent discriminatory tracking;

(2) "Corrections service dog," a canine used by the Department of Corrections in Department of Corrections facilities that is trained to detect the odor of any article which is unlawful for an inmate to possess pursuant to state law or the rules of the Department of Corrections;

(3) "Accelerant detection canine," a police service dog that is trained to detect the odors of various ignitable liquids or substances, and meets the standards as established by the Bureau of Alcohol, Tobacco and Firearms as an Accelerant Detection Canine;

(4) "BATF," the Bureau of Alcohol, Tobacco and Firearms;

(5) "Canine handler," a certified law enforcement officer authorized and designated by a law enforcement agency to utilize a police service dog to perform law enforcement duties, or an employee of the Department of Corrections authorized and designated by the department to utilize a corrections service dog;

(6) "Police canine team," a police service dog and a certified law enforcement officer assigned as the dog's exclusive handler;

(7) "Corrections canine team," a corrections service dog and an employee of the Department of Corrections assigned as the dog's exclusive handler;

(8) "Commission," the Law Enforcement Officers Standards Commission created by SDCL 23-3-28;

(9) "Department of Corrections," the South Dakota Department of Corrections created by SDCL 1-15-1.2;

(10) "Drug detection canine," a police service dog that is trained to detect the odors of drugs and controlled substances;

(11) "Explosive detection canine," a police service dog that is trained to detect the odors of explosive materials, explosive devices, and materials which can be used to construct an explosive device;

(12) Repealed;

(13) "INBTI," the International Bloodhound Training Institute;

(14) "Law enforcement agency," any state, county, municipal, tribal, or federal law enforcement agency in South Dakota and the Department of Corrections;

(15) "Patrol canine," a police service dog that is trained in apprehension or search skills including tracking, building suspect search, article recovery, evidence search, and suspect apprehension;

(16) Repealed;

(17) "Scent discriminatory tracking canine," a police service dog that is trained to detect and track persons or items from a scent article, and meets the standards as established by the International Bloodhound Training Institute.

History

  • Source: 31 SDR 192, effective June 9, 2005; 37 SDR 182, effective April 21, 2011; 38 SDR 214, effective June 21, 2012; 41 SDR 58, effective October 14, 2014; 44 SDR 158, effective May 7, 2018.
  • General Authority: SDCL 23-3-35(1)(14).
  • Law Implemented: SDCL 23-3-35.4, 23-3-35.5.
ARSD 02:01:13:02 Repealed

Certification required.** Repealed.

History

  • Source: 31 SDR 192, effective June 9, 2005; repealed, 38 SDR 214, effective June 21, 2012.
ARSD 02:01:13:02.01 Certificate of qualification

The commission shall issue a South Dakota canine team certificate to a canine team upon the successful completion of the certification or recertification standards as required by this chapter.

Any certification or recertification shall commence on the date all certification or recertification standards have been met. The date of the issuance of the certificate by the commission does not change or otherwise invalidate the dates for which certification or recertification commences or ends.

History

  • Source: 36 SDR 216, effective July 6, 2010; 38 SDR 214, effective June 21, 2012.
  • General Authority: SDCL 23-3-35(1)(14).
  • Law Implemented: SDCL 23-3-35.4, 23-3-35.5.
ARSD 02:01:13:03 Standards for certification as an accelerant detection canine team

An accelerant detection canine team may be certified only upon:

(1) Successful completion of a training program that is approved and administered by the BATF for Accelerant Detection Canine Certification; and

(2) Certification by the BATF as a certified Accelerant Detection Canine Team.

History

  • Source: 31 SDR 19, effective June 9, 2005; 32 SDR 225, effective June 26, 2006; 34 SDR 77, effective September 25, 2007; 35 SDR 171, effective December 30, 2008; 38 SDR 214, effective June 21, 2012.
  • General Authority: SDCL 23-3-35(1)(14).
  • Law Implemented: SDCL 23-3-35.4, 23-3-35.5.
ARSD 02:01:13:04 Expiration of certification as an accelerant detection canine team

Unless renewed, certification as an accelerant detection canine team expires one year and thirty days after the date all certification or recertification standards were last met.

History

  • Source: 31 SDR 192, effective June 9, 2005; 38 SDR 214, effective June 21, 2012; 44 SDR 158, effective May 7, 2018.
  • General Authority: SDCL 23-3-35(1)(14).
  • Law Implemented: SDCL 23-3-35.4, 23-3-35.5.
ARSD 02:01:13:05 Standards for certification as a drug detection canine team

A drug detection canine team may be certified by the commission only upon the successful completion of the commission's training program that is administered by Law Enforcement Training which consists of a minimum 240-hour curriculum of training which includes the following subject areas:

(a) Drug detector dog handling;

(b) Daily care, maintenance, and first aid;

(c) Obedience and safety skills;

(d) Packaging and smuggling;

(e) Activity logs; and

(f) Statutes and caselaw.

History

  • Source: 31 SDR 192, effective June 9, 2005; 32 SDR 225, effective June 26, 2006; 38 SDR 214, effective June 21, 2012; 44 SDR 158, effective May 7, 2018.
  • General Authority: SDCL 23-3-35(1)(14).
  • Law Implemented: SDCL 23-3-35.4, 23-3-35.5.
ARSD 02:01:13:05.01 Standards for certification as an explosive detection canine team

2 : 01 : 13 : 05.01 . Standards for certification as an explosive detection canine team. An explosive detection canine team may be certified by the commission only upon the successful completion of the commission's training program that is administered by Law Enforcement Training which consists of a minimum 320-hour curriculum of training which includes the following subject areas:

(a) Explosive detector dog handling;

(b) Daily care, maintenance, and first aid;

(c) Obedience and safety skills;

(d) Packaging and smuggling;

(e) Activity logs; and

(f) Statutes and caselaw.

History

  • Source: 44 SDR 158, effective May 7, 2018.
  • General Authority: SDCL 23-3-35(1)(14).
  • Law Implemented: SDCL 23-3-35.4, 23-3-35.5.
ARSD 02:01:13:06 Standards for certification as a patrol canine team

A patrol canine team may be certified by the commission only upon the successful completion of the commission's training program that is administered by Law Enforcement Training which consists of a minimum 240-hour curriculum of training which includes the following subject areas:

(a) Patrol dog handling;

(b) Daily care, maintenance, and first aid;

(c) Obedience and safety skills;

(d) Apprehension and deployment;

(e) Patrol dog use of force;

(f) Records and activity logs; and

(g) Statutes and caselaw.

History

  • Source: 31 SDR 192, effective June 9, 2005; 38 SDR 214, effective June 21, 2012; 44 SDR 158, effective May 7, 2018.
  • General Authority: SDCL 23-3-35(1)(14).
  • Law Implemented: SDCL 23-3-35.4, 23-3-35.5.
ARSD 02:01:13:06.01 Standards for certification as a corrections canine team

A canine team may be certified as a corrections canine team by the commission only upon:

(1) Successful completion of a training program that is administered by the Department of Corrections for correction canine teams to search for any article which is unlawful for an inmate to possess pursuant to state law or the rules of the Department of Corrections; and

(2) Certification by the Department of Corrections as a certified corrections canine team.

History

  • Source: 41 SDR 58, effective October 14, 2014.
  • General Authority: SDCL 23-3-35(1)(14).
  • Law Implemented: SDCL 23-3-35.4, 23-3-35.5.
ARSD 02:01:13:07 Expiration of certification as a drug detection, explosive detection, patrol, or corrections canine team

Unless renewed, certification as a drug detection, explosive detection, patrol, or corrections canine team expires one year and thirty days after the date all certification or recertification standards were last met.

History

  • Source: 31 SDR 192, effective June 9, 2005; 33 SDR 50, effective September 26, 2006; 38 SDR 214, effective June 21, 2012; 41 SDR 58, effective October 14, 2014; 44 SDR 158, effective May 7, 2018.
  • General Authority: SDCL 23-3-35(1)(14), 23-3-35.5.
  • Law Implemented: SDCL 23-3-35.4, 23-3-35.5.
ARSD 02:01:13:08 Standards for certification as a scent discriminatory canine team

A scent discriminatory canine team may be certified only upon being certified by the INBTI as a Scent Discriminatory Tracking Canine Team.

History

  • Source: 31 SDR 192, effective June 9, 2005; 33 SDR 50, effective September 26, 2006; 38 SDR 214, effective June 21, 2012.
  • General Authority: SDCL 23-3-35(1)(14), 23-3-35.5.
  • Law Implemented: SDCL 23-3-35.4, 23-3-35.5.
ARSD 02:01:13:09 Expiration of certification to act as a scent discriminatory canine team

Unless renewed, certification as a scent discriminatory canine team expires one year and thirty days after the date all certification or recertification standards were last met.

History

  • Source: 31 SDR 192, effective June 9, 2005; 38 SDR 214, effective June 21, 2012; 44 SDR 158, effective May 7, 2018.
  • General Authority: SDCL 23-3-35(1)(14).
  • Law Implemented: SDCL 23-3-35.4, 23-3-35.5.
ARSD 02:01:13:10 Renewal of certification as a canine team

A canine team may renew its certification, at any time prior to its expiration, by successfully completing the recertification standards established by the certifying organization.

History

  • Source: 31 SDR 192, effective June 9, 2005; 38 SDR 214, effective June 21, 2012.
  • General Authority: SDCL 23-3-35(1)(14).
  • Law Implemented: SDCL 23-3-35.4, 23-3-35.5.
ARSD 02:01:13:11 Training records maintained by canine handlers

A canine handler shall maintain records indicating:

(1) The name and title of the canine handler;

(2) The name and address of the agency employing and designating the handler as a canine handler; and

(3) Any training and use of the canine.

History

  • Source: 31 SDR 192, effective June 9, 2005.
  • General Authority: SDCL 23-3-35(1)(14).
  • Law Implemented: SDCL 23-3-35.4, 23-3-35.5.
ARSD 02:01:13:12 Training records maintained by commission

The commission, through the office of law enforcement training, shall maintain records as follows:

(1) Applications requesting certification or recertification of canine teams; and

(2) Records indicating the issuance or denial of certification or recertification.

History

  • Source: 31 SDR 192, effective June 9, 2005; 38 SDR 214, effective June 21, 2012.
  • General Authority: SDCL 23-3-35(1)(14).
  • Law Implemented: SDCL 23-3-35.4, 23-3-35.5.
ARSD 02:01:13:13 Forms

The form of all applications, evaluations, and related documents shall be prescribed by the commission. The forms may require applicants to provide information to identify the applicant, canine team, and the performance of the canine or canine team in the field or as a part of an evaluation.

History

  • Source: 31 SDR 192, effective June 9, 2005.
  • General Authority: SDCL 23-3-35(1)(14).
  • Law Implemented: SDCL 23-3-35.4, 23-3-35.5.
ARSD 02:01:13:14 Request for certification of canine team

A law enforcement agency shall apply to the commission for issuance of certification for a canine team.

History

  • Source: 31 SDR 192, effective June 9, 2005; 38 SDR 214, effective June 21, 2012.
  • General Authority: SDCL 23-3-35(1)(14).
  • Law Implemented: SDCL 23-3-35.4, 23-3-35.5.
ARSD 02:01:13:15 Change in eligibility of canine team

A law enforcement agency shall provide the office of law enforcement training with written notification within thirty days of any change in the status of a canine team to the extent the change affects the canine team's eligibility for certification or recertification.

History

  • Source: 31 SDR 192, effective June 9, 2005.
  • General Authority: SDCL 23-3-35(1)(14).
  • Law Implemented: SDCL 23-3-35.4, 23-3-35.5.
ARSD 02:01:13:16 Repealed

Reevaluation upon failure.** Repealed.

History

  • Source: 31 SDR 192, effective June 9, 2005; 32 SDR 225, effective June 26, 2006; repealed, 38 SDR 214, effective June 21, 2012.
ARSD 02:01:13:17 Repealed

Fees.** Repealed.

History

  • Source: 31 SDR 192, effective June 9, 2005; 32 SDR 225, effective June 26, 2006; repealed, 38 SDR 214, effective June 21, 2012.
ARSD 02:01:13:18 Revocation or suspension of certification or authorization

The commission may revoke or suspend the certification of any canine team if the team violates any state law or rule of the commission. The canine team may, after one year, apply to the commission for reinstatement of certification.

History

  • Source: 31 SDR 192, effective June 9, 2005; 34 SDR 77, effective September 25, 2007; 35 SDR 171, effective December 30, 2008; 38 SDR 214, effective June 21, 2012; 47 SDR 41, effective October 12, 2020.
  • General Authority: SDCL 23-3-35(14), 23-3-35.5.
  • Law Implemented: SDCL 23-3-35.4, 23-3-35.5.
ARSD 02:01:13:19 Reciprocity

2 : 01 : 13 : 19 . Reciprocity. The commission may waive all or any portion of the training program requirement of § 2:01:13:05, 2:01:13:05.01, and 2:01:13:06 upon formal application of a canine team requesting the waiver and a showing that the canine team to be exempted from the training program has completed a course of equivalent content and quality in another jurisdiction no more than one year previous to the date of the application or has been employed within the previous one year as a canine team in another jurisdiction and has completed a course of equivalent content and quality. The executive secretary, through the office of law enforcement training, may administer to the canine team an examination to determine the canine team's state of competence. Upon completion of the evaluation, the commission shall issue the canine team a certificate or shall notify the canine team of the training to be completed before the canine team can be certified. After the canine team successfully completes the required training the commission shall issue the canine team a certificate.

History

  • Source: 44 SDR 158, effective May 7, 2018.
  • General Authority: SDCL 23-3-35(1)(14).
  • Law Implemented: SDCL 23-3-35.4, 23-3-35.5.
ARSD 02:01:13:20 Waiver

2 : 01 : 13 : 20 . Waiver. The commission may waive all or any portion of the training program requirement of § 2:01:13:05, 2:01:13:05.01, and 2:01:13:06 upon formal application of a canine team requesting the waiver and a showing that the police service dog and canine handler were both previously certified as a separate canine team. The executive secretary, through the office of law enforcement training, may administer to the canine team an examination to determine the canine team's state of competence. Upon completion of the evaluation, the commission shall issue the canine team a certificate or shall notify the canine team of the training to be completed before the canine team can be certified. After the canine team successfully completes the required training the commission shall issue the canine team a certificate.

History

  • Source: 44 SDR 158, effective May 7, 2018.
  • General Authority: SDCL 23-3-35(1)(14).
  • Law Implemented: SDCL 23-3-35.4, 23-3-35.5.
ARSD 02:01:13:20.01 Expired

02 : 01 : 13 : 20.01 . Certification expiration extension. (E xpired 7 /2 6 /2020).

History

  • Source: 46 SDR 125, effective April 27, 2020 (Emergency Rule); Expired July 26, 2020.

Chapter 02:01:14 Accelerant detection canine team certification, Repealed

ARSD 02:01:14 Repealed chapter

CHAPTER 2:01:14

ACCELERANT DETECTION CANINE TEAM CERTIFICATION

(Repealed. 38 SDR 214, effective June 21, 2012)

Chapter 02:01:15 School sentinel minimum standards

ARSD 02:01:15:01 Minimum standards for school sentinel training

The school board may submit a person for school sentinel training only if the person meets the following requirements:

(1) Is a citizen of the United States;

(2) Is at least 21 years of age at time of appointment;

(3) Has fingerprints taken by a qualified law enforcement officer;

(4) Is of good moral character;

(5) Is a graduate of an accredited high school or has a high school equivalency certificate acceptable to the commission;

(6) Is examined by a licensed physician who certifies, on forms prescribed by the commission, that the applicant is able to perform the duties of a school sentinel;

(7) Is interviewed in person by the school board or its designee and approved by the school board to apply to the school sentinel basic training course;

(8) Has received written approval to apply to the school sentinel basic training course by all local law enforcement agencies with jurisdiction over the school premises in which the individual will act as a school sentinel;

(9) Has not unlawfully used any prescribed drug, controlled substance, or marijuana within one year before the time of application for training; and

(10) Has a valid concealed weapons permit.

History

  • Source: 40 SDR 44, effective September 17, 2013.
  • General Authority: SDCL 23-3-35(16).
  • Law Implemented: SDCL 23-3-35(16).
ARSD 02:01:15:02 Submission of school sentinel training application

To submit an individual for the school sentinel basic training course, the local school board shall complete the school sentinel training application provided by the law enforcement training office and return the application with two sets of the fingerprint cards required by subdivision 2:01:15:01(3).

History

  • Source: 40 SDR 44, effective September 17, 2013.
  • General Authority: SDCL 23-3-35(16).
  • Law Implemented: SDCL 23-3-35(16).
ARSD 02:01:15:02.01 Refusal of school sentinel training application

The executive secretary of the Law Enforcement Officers Standards and Training Commission may refuse the application for any individual seeking to enroll in the school sentinel training program for:

(1) Failure to meet standards set forth in § 2:01:15:01;

(2) Misrepresenting, falsifying, or omitting material information in the training application; or

(3) Being barred from possessing firearms pursuant to SDCL chapter 22-14 or federal law.

A school board may resubmit an application for an individual whose application has been refused after one year.

History

  • Source: 50 SDR 63, effective November 28, 2023.
  • General Authority: SDCL 23-3-35(1).
  • Law Implemented: SDCL 23-3-35(16).
ARSD 02:01:15:03 Filing of fingerprints

An applicant's fingerprints taken under subdivision 2:01:15:01(3) may be distributed to local, state, and national fingerprint files to disclose if the applicant has a criminal record.

History

  • Source: 40 SDR 44, effective September 17, 2013.
  • General Authority: SDCL 23-3-35(16).
  • Law Implemented: SDCL 23-3-35(16).
ARSD 02:01:15:04 Reapplication for training as a school sentinel

A school board may resubmit an application for an individual who has failed to successfully complete the school sentinel basic sentinel training course, or has been dismissed from the program under § 2:01:16:09, after one year.

History

  • Source: 40 SDR 44, effective September 17, 2013.
  • General Authority: SDCL 23-3-35(16).
  • Law Implemented: SDCL 23-3-35(16).
ARSD 02:01:15:05 Expiration of training

A school sentinel's training certificate of completion issued under § 2:01:16:01 becomes inactive on the last day of the twelfth calendar month following the issuance date on the certificate, unless the school sentinel completes the continuing educational requirements in §§ 2:01:16:10 and 2:01:16:11. An inactive certification expires two years after becoming inactive.

History

  • Source: 40 SDR 44, effective September 17, 2013; 47 SDR 41, effective October 12, 2020.
  • General Authority: SDCL 23-3-35(16).
  • Law Implemented: SDCL 23-3-35(16).

Chapter 02:01:16 School sentinel training program

ARSD 02:01:16:01 Certification of completion

Certificate of completion.** Upon successful completion of the basic training course required by this chapter, the law enforcement training office shall issue a certificate indicating that the individual successfully completed the school sentinel basic training course.

History

  • Source: 40 SDR 44, effective September 17, 2013.
  • General Authority: SDCL 23-3-35(16).
  • Law Implemented: SDCL 23-3-35(16).
ARSD 02:01:16:02 Approved basic training course

The basic training course for a school sentinel consists of a curriculum of at least 80 hours of training and includes the following subject areas:

(1) Firearms proficiency;

(2) Use of force;

(3) Legal aspects;

(4) Weapons retention;

(5) Weapons storage;

(6) Identifying protocol for identifying sentinel; and

(7) First aid.

History

  • Source: 40 SDR 44, effective September 17, 2013.
  • General Authority: SDCL 23-3-35(16).
  • Law Implemented: SDCL 23-3-35(16).
ARSD 02:01:16:03 Successful completion of training course

An applicant, to successfully complete the basic training course, must receive a passing score on all written and skills examinations administered in connection with the course. The executive secretary, at the direction of the commission, shall establish rules of internal management setting forth the passing score for each examination. The executive secretary shall, prior to the commencement of the training course, notify applicants of the level of performance that constitutes a passing score for each examination. An applicant may retake the examination within seven days of failing. An applicant may not take an examination more than twice. The executive secretary may, for cause, allow an applicant to retake an examination at other times.

History

  • Source: 40 SDR 44, effective September 17, 2013.
  • General Authority: SDCL 23-3-35(16).
  • Law Implemented: SDCL 23-3-35(16).
ARSD 02:01:16:04 Minimum class size

Unless otherwise waived by the commission, upon good cause as shown by a school board, the school sentinel basic training course must consist of at least five individuals.

History

  • Source: 40 SDR 44, effective September 17, 2013.
  • General Authority: SDCL 23-3-35(16).
  • Law Implemented: SDCL 23-3-35(16).
ARSD 02:01:16:05 Time course is conducted

The school sentinel basic training course shall commence at the time the executive secretary deems appropriate.

History

  • Source: 40 SDR 44, effective September 17, 2013.
  • General Authority: SDCL 23-3-35(16).
  • Law Implemented: SDCL 23-3-35(16).
ARSD 02:01:16:06 Place of training

Unless otherwise stated by the executive secretary, the school sentinel basic training course is conducted at the criminal justice training center in Pierre, South Dakota.

History

  • Source: 40 SDR 44, effective September 17, 2013.
  • General Authority: SDCL 23-3-35(16).
  • Law Implemented: SDCL 23-3-35(16).
ARSD 02:01:16:07 Basic training course fees

The commission may establish reasonable and necessary fees for the school sentinel basic training course. The fees are to provide money to meet budgetary needs related to the school sentinel basic training course for such things as salaries and benefits, supplies, and testing.

History

  • Source: 40 SDR 44, effective September 17, 2013.
  • General Authority: SDCL 23-3-35(16).
  • Law Implemented: SDCL 23-3-35(16).
ARSD 02:01:16:08 Student discipline during basic training course

Discipline during basic training course.** The executive secretary may enforce restrictions and rules of internal management as are necessary to maintain the orderly instruction of individuals and efficient operation of the school sentinel basic training course. Individuals must comply with such restrictions and rules as set forth by the executive secretary in the basic training course student handbook, or such other specific directives as the executive secretary may issue.

History

  • Source: 40 SDR 44, effective September 17, 2013.
  • General Authority: SDCL 23-3-35(16).
  • Law Implemented: SDCL 23-3-35(16).
ARSD 02:01:16:09 Dismissal

The executive secretary may dismiss, from the school sentinel basic training course, any person who violates any restrictions or rule established by the executive secretary to administer or maintain order during the basic training course.

History

  • Source: 40 SDR 44, effective September 17, 2013.
  • General Authority: SDCL 23-3-35(16).
  • Law Implemented: SDCL 23-3-35(16).
ARSD 02:01:16:10 Basic requirement for continuing education of school sentinel

To maintain training as a school sentinel beyond twelve months from the date on the certificate, a school sentinel must complete eight hours of annual training in the following areas:

(1) Annual firearms requalification as provided in § 2:01:16:11; and

(2) Continuing education to include completion of courses sponsored by law enforcement training or courses approved and documented by the school sentinel's school board in subject areas listed in § 2:01:16:02.

The training hours are calculated annually. A written report containing the name of school sentinel, signed by the school board chair or designee, certifying that the school sentinel has successfully completed the continuing educational requirements and firearms requalification, shall be submitted by the local school board to the executive secretary no later than January 25th of each year following the original certification date. The local school board shall maintain training records and make them available for inspection by the commission, through the office of law enforcement training.

History

  • Source: 40 SDR 44, effective September 17, 2013.
  • General Authority: SDCL 23-3-35(16).
  • Law Implemented: SDCL 23-3-35(16).
ARSD 02:01:16:11 Firearm requalification

Each school sentinel shall requalify with the school sentinel's duty handgun each calendar year by completing a certified shooting course that is administered by a firearms instructor who has been approved by the commission or the executive secretary in accordance with § 2:01:06:17.05. A certified shooting course is a course approved by the commission. A school sentinel may not qualify or requalify on a noncertified course. A school sentinel must obtain a passing score of at least 75 percent.

History

  • Source: 40 SDR 44, effective September 17, 2013.
  • General Authority: SDCL 23-3-35(16).
  • Law Implemented: SDCL 23-3-35(16).

Chapter 02:01:17 Enhanced concealed pistol use of force training program minimum standards

ARSD 02:01:17:01 Minimum standards for use of force course

A person may attend the use of force course only if the person meets the following requirements:

(1) Is currently certified as a National Rifle Association handgun instructor;

(2) Has a valid South Dakota concealed weapons permit or is a current or retired law enforcement officer in good standing;

(3) Has fingerprints taken by a qualified law enforcement agency; and

(4) Is of good moral character.

History

  • Source: 42 SDR 19, effective August 13, 2015.
  • General Authority: SDCL 23-7-59.
  • Law Implemented: SDCL 23-7-59.
ARSD 02:01:17:02 Submission of use of force training application

An applicant to the use of force training course shall complete the use of force training course application provided by the law enforcement training office and return the application with two sets of the fingerprint cards required by subdivision 2:01:17:01(3).

History

  • Source: 42 SDR 19, effective August 13, 2015.
  • General Authority: SDCL 23-7-59.
  • Law Implemented: SDCL 23-7-59.
ARSD 02:01:17:03 Filing of fingerprints

An applicant's fingerprints taken under subdivision 2:01:17:01(3) may be distributed to local, state, and national fingerprint files to disclose if the applicant has a criminal record.

History

  • Source: 42 SDR 19, effective August 13, 2015.
  • General Authority: SDCL 23-7-59.
  • Law Implemented: SDCL 23-7-59.
ARSD 02:01:17:04 Reapplication for use of force training course

An applicant who has failed to successfully complete the use of force training course, or has been dismissed from the program under § 2:01:18:08, may reapply after one year.

History

  • Source: 42 SDR 19, effective August 13, 2015.
  • General Authority: SDCL 23-7-59.
  • Law Implemented: SDCL 23-7-59.
ARSD 02:01:17:05 Expiration of training

The use of force training certificate of completion issued under § 2:01:18:01 expires on the last day of the twenty-fourth calendar month on the certificate of completion.

History

  • Source: 42 SDR 19, effective August 13, 2015.
  • General Authority: SDCL 23-7-59.
  • Law Implemented: SDCL 23-7-59.

Chapter 02:01:18 Enhanced concealed pistol use of force training program

ARSD 02:01:18:01 Certificate of completion

Upon successful completion of the training course required by this chapter, the law enforcement training office shall issue a certificate indicating that the individual successfully completed the use of force training course.

History

  • Source: 42 SDR 19, effective August 13, 2015.
  • General Authority: SDCL 23-7-59.
  • Law Implemented: SDCL 23-7-59.
ARSD 02:01:18:02 Approved training course

The use of force training course shall consist of a curriculum of at least eight hours of training and includes the following subject areas:

(1) Use of force; and

(2) Legal aspects.

History

  • Source: 42 SDR 19, effective August 13, 2015.
  • General Authority: SDCL 23-7-59.
  • Law Implemented: SDCL 23-7-59.
ARSD 02:01:18:03 Successful completion of training course

An applicant, to successfully complete the use of force training course, must receive a passing score on all written and skills examinations administered in connection with the course. The executive secretary, at the direction of the commission, shall establish rules of internal management setting forth the passing score for each examination. The executive secretary shall, prior to the commencement of the training course, notify applicants of the level of performance that constitutes a passing score for each examination. An applicant may retake the examination within seven days of failing. An applicant may not take an examination more than twice. The executive secretary may, for cause, allow an applicant to retake an examination at other times.

History

  • Source: 42 SDR 19, effective August 13, 2015.
  • General Authority: SDCL 23-7-59.
  • Law Implemented: SDCL 23-7-59.
ARSD 02:01:18:04 Time course is conducted

The use of force training course shall commence at the time the executive secretary deems appropriate, but at least once per year.

History

  • Source: 42 SDR 19, effective August 13, 2015.
  • General Authority: SDCL 23-7-59.
  • Law Implemented: SDCL 23-7-59.
ARSD 02:01:18:05 Place of training

Unless otherwise stated by the executive secretary, the use of force training course is conducted at the criminal justice training center in Pierre, South Dakota.

History

  • Source: 42 SDR 19, effective August 13, 2015.
  • General Authority: SDCL 23-7-59.
  • Law Implemented: SDCL 23-7-59.
ARSD 02:01:18:06 Training course fee

An applicant attending the use of force training course shall pay Law Enforcement Training a $150.00 fee.

History

  • Source: 42 SDR 19, effective August 13, 2015.
  • General Authority: SDCL 23-7-59.
  • Law Implemented: SDCL 23-7-59.
ARSD 02:01:18:07 Discipline during training course

The executive secretary may enforce restrictions and rules of internal management as necessary to maintain the orderly instruction of individuals and efficient operation of the use of force training course. Individuals must comply with such restrictions and rules as set forth by the executive secretary in the basic training course student handbook, or such other specific directives as the executive secretary may issue.

History

  • Source: 42 SDR 19, effective August 13, 2015.
  • General Authority: SDCL 23-7-59.
  • Law Implemented: SDCL 23-7-59.
ARSD 02:01:18:08 Dismissal

The executive secretary may dismiss, from the use of force training course, any person who violates any restrictions or rule established by the executive secretary to administer or maintain order during the training course.

History

  • Source: 42 SDR 19, effective August 13, 2015.
  • General Authority: SDCL 23-7-59.
  • Law Implemented: SDCL 23-7-59.

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