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.