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.
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.
