CHAPTER 2:01:02
MINIMUM STANDARDS
Section
2:01:02:01 Minimum standards for employment.
2:01:02:02 Felons to be rejected -- Misdemeanants to be reviewed.
2:01:02:02.01 Exception from prohibition on employment or certification for suspended impositions of sentence.
2:01:02:03 Repealed.
2:01:02:03.01 Exception from prohibition on employment or certification.
2:01:02:04 Transferred.
2:01:02:04.01 Notice of appointment of law enforcement officer.
2:01:02:04.02 Notice of discontinuance of employment of law enforcement officer.
2:01:02:05 Filing of fingerprints.
2:01:02:06 Waiver.
2:01:02:07 Transferred.
2:01:02:08 Discontinuance of employment of law enforcement officer.
2:01:02:09 Transferred.
2:01:02:10 Transferred.
2:01:02:11 Expiration of certification.
2:01:02:01. 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.
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.
2:01:02:02. 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.
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.
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.
Source: 50 SDR 63, effective November 28, 2023.
General Authority: SDCL 23-3-42.
Law Implemented: SDCL 23-3-42.
2:01:02:03. Training in service, condition of employment.Repealed.
Source: SL 1975, ch 16, § 1; repealed, 2 SDR 37, effective November 20, 1975.
2:01:02:03.01. 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).
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.
2:01:02:04. Transferred to §§ 2:01:02:06 and 2:01:06:03.
2:01:02:04.01. 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.
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).
2:01:02:04.02. 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.
Source: 47 SDR 130, effective June 6, 2021.
General Authority: SDCL 23-3-35(1).
Law Implemented: SDCL 23-3-35(3).
2:01:02:05. 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.
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.
2:01:02:06. 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.
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.
2:01:02:07. Transferred to § 2:01:11:01.
2:01:02:08. 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.
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.
2:01:02:09. Transferred to § 2:01:11:02.
2:01:02:10. Transferred to § 2:01:11:09.
2:01:02:11. 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.
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.
