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 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.
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.
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.
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 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.
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.
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.
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.
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;
(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.
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.
