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.

 2:01:02:03         Repealed.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.

 2:01:02:05         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 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, physician assistant, or nurse practitioner who certifies, on forms prescribed by the commission, that the applicant is 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 applicant's general suitability for law enforcement service, appearance, personality, temperament, ability to communicate, and other characteristics reasonably necessary to the performance of the duties of a law enforcement officer;

 

          (8)  Takes the oath of office as required by SDCL 9-14-7 or 3-1-5. The oath may be taken before the nearest available judge of a court of record;

 

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

 

          (10)  Is eligible to reapply for certification, if the person has for any reason failed to successfully complete the basic law enforcement training program;

 

          (11)  Has not had his certification revoked, voluntarily surrendered certification, had an application for certification refused, or been dismissed from the basic training program, unless the commission upon application declares the person eligible for employment or certification; and

 

          (12)  Has not become ineligible for employment or certification as a law enforcement officer, as a result of any proceedings involving any revocation, suspension, surrender of, or resignation or dismissal from certification, employment, or training, unless the commission, upon application, declares the person eligible for employment or certification in South Dakota.

 

          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.

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

          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.


          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).


          2:01:02:05.  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 such employment after a showing that he has violated any of the conditions of § 2:01:11:01 or has been dismissed from the basic law enforcement training program for disciplinary reasons 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 commission for certification provided the reasons for rejection have been eliminated and a new application is submitted. The commission upon application by the original appointing authority may, when it determines there is good cause, allow one new application reapplying for certification 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.

          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 termination of employment. Upon petition the 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, prior to the last day of the twenty-fourth calendar month following termination of employment becomes reemployed as a law enforcement officer by:

          (1)  A local, state, or tribal law enforcement agency in South Dakota;

          (2)  A law enforcement agency outside of South Dakota; or

          (3)  A federal law enforcement agency.

          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.

          General Authority: SDCL 23-3-42.

          Law Implemented: SDCL 23-3-42.