Administrative Rule 02:01:06 | South Dakota Legislature

2:01:06:01. 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.

Source: 2 SDR 37, effective November 20, 1975.

General Authority:SDCL 23-3-41.

Law Implemented:SDCL 23-3-41.

Rule 02:01:06:01.01 Priority for training.

2:01:06:01.01. 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.

Source: 8 SDR 82, effective January 13, 1982.

General Authority:SDCL 23-3-41.

Law Implemented:SDCL 23-3-41.

2:01:06:02. 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.

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.

Rule 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.

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.

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.

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.

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.

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.

2:01:06:03. 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.

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.

2:01:06:03.01. Refresher course. Repealed.

Source: 28 SDR 150, effective May 2, 2002; 50 SDR 63, effective November 28, 2023.

Rule 02:01:06:04 Certificate of qualification.

2:01:06:04. 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.

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.

Rule 02:01:06:05 Approved basic training course.

2:01:06:05. 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.

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.

Rule 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.

Source: 47 SDR 41, effective October 12, 2020.

General Authority: SDCL 23-3-35(2).

Law Implemented: SDCL 23-3-41, 23-3-42.

Rule 02:01:06:06 Successful completion of training course.

2:01:06:06. 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.

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.

Rule 02:01:06:07 Place of training.

2:01:06:07. 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.

Source: 2 SDR 37, effective November 20, 1975.

General Authority:SDCL 23-3-35(6).

Law Implemented:SDCL 23-3-35(6).

Rule 02:01:06:08 Time course is conducted.

2:01:06:08. Time course is conducted. The approved basic training course shall commence at such times as the executive secretary shall deem appropriate.

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).

Rule 02:01:06:09 Student discipline during basic training course.

2:01:06:09. 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.

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.

Rule 02:01:06:10 Repealed.

2:01:06:10. Firearms.Repealed.

Source: 2 SDR 37, effective November 20, 1975; repealed, 25 SDR 34, effective September 16, 1998.

Rule 02:01:06:11 Repealed.

2:01:06:11. Guests of opposite sex.Repealed.

Source: 2 SDR 37, effective November 20, 1975; repealed, 25 SDR 34, effective September 16, 1998.

Rule 02:01:06:12 Repealed.

2:01:06:12. Alcoholic beverages.Repealed.

Source: 2 SDR 37, effective November 20, 1975; repealed, 25 SDR 34, effective September 16, 1998.

Rule 02:01:06:13 Repealed.

2:01:06:13. Arrest.Repealed.

Source: 2 SDR 37, effective November 20, 1975; 8 SDR 82, effective January 13, 1982; repealed, 25 SDR 34, effective September 16, 1998.

2:01:06:14. 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.

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).

Rule 02:01:06:15 Appeal.

2:01:06:15. Appeal. The executive secretary's decision to dismiss shall be appealable under chapter 2:01:04.

Source: 2 SDR 37, effective November 20, 1975.

General Authority:SDCL 23-3-35(1).

Law Implemented:SDCL 1-26-18.

Rule 02:01:06:16 Repealed.

2:01:06:16. Training program fees. Repealed.

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.

2:01:06:17. 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 25^th 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.

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.

Rule 02:01:06:17.01 Firearm requalification.

2:01:06:17.01. 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.

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.

Rule 02:01:06:17.02 Issuance, denial, or revocation of qualification.

2:01:06:17.02. 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 31^st 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.

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.

Rule 02:01:06:17.03 Waiver.

2:01:06:17.03. 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.

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.

Rule 02:01:06:17.04 Notification of suspension or revocation of certification -- Hearing.

2:01:06:17.04. 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.

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.

Rule 02:01:06:17.05 Standards for authorization to act as firearms instructor.

2:01:06:17.05. 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;

(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.

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.

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