Administrative Rule 02:01:13 | South Dakota Legislature

(1) "Police service dog," a canine used by a law enforcement agency to assist a law enforcement officer in accelerant detection, drug detection, explosive detection, patrol, or scent discriminatory tracking;

(2) "Corrections service dog," a canine used by the Department of Corrections in Department of Corrections facilities that is trained to detect the odor of any article which is unlawful for an inmate to possess pursuant to state law or the rules of the Department of Corrections;

(3) "Accelerant detection canine," a police service dog that is trained to detect the odors of various ignitable liquids or substances, and meets the standards as established by the Bureau of Alcohol, Tobacco and Firearms as an Accelerant Detection Canine;

(4) "BATF," the Bureau of Alcohol, Tobacco and Firearms;

(5) "Canine handler," a certified law enforcement officer authorized and designated by a law enforcement agency to utilize a police service dog to perform law enforcement duties, or an employee of the Department of Corrections authorized and designated by the department to utilize a corrections service dog;

(6) "Police canine team," a police service dog and a certified law enforcement officer assigned as the dog's exclusive handler;

(7) "Corrections canine team," a corrections service dog and an employee of the Department of Corrections assigned as the dog's exclusive handler;

(8) "Commission," the Law Enforcement Officers Standards Commission created by SDCL 23-3-28;

(9) "Department of Corrections," the South Dakota Department of Corrections created by SDCL 1-15-1.2;

(10) "Drug detection canine," a police service dog that is trained to detect the odors of drugs and controlled substances;

(11) "Explosive detection canine," a police service dog that is trained to detect the odors of explosive materials, explosive devices, and materials which can be used to construct an explosive device;

(12) Repealed;

(13) "INBTI," the International Bloodhound Training Institute;

(14) "Law enforcement agency," any state, county, municipal, tribal, or federal law enforcement agency in South Dakota and the Department of Corrections;

(15) "Patrol canine," a police service dog that is trained in apprehension or search skills including tracking, building suspect search, article recovery, evidence search, and suspect apprehension;

(16) Repealed;

(17) "Scent discriminatory tracking canine," a police service dog that is trained to detect and track persons or items from a scent article, and meets the standards as established by the International Bloodhound Training Institute.

Source: 31 SDR 192, effective June 9, 2005; 37 SDR 182, effective April 21, 2011; 38 SDR 214, effective June 21, 2012; 41 SDR 58, effective October 14, 2014; 44 SDR 158, effective May 7, 2018.

General Authority: SDCL 23-3-35(1)(14).

Law Implemented: SDCL 23-3-35.4, 23-3-35.5.

Rule 02:01:13:02 Repealed.

2:01:13:02. Certification required. Repealed.

Source: 31 SDR 192, effective June 9, 2005; repealed, 38 SDR 214, effective June 21, 2012.

Rule 02:01:13:02.01 Certificate of qualification.

2:01:13:02.01. Certificate of qualification. The commission shall issue a South Dakota canine team certificate to a canine team upon the successful completion of the certification or recertification standards as required by this chapter.

Any certification or recertification shall commence on the date all certification or recertification standards have been met. The date of the issuance of the certificate by the commission does not change or otherwise invalidate the dates for which certification or recertification commences or ends.

Source: 36 SDR 216, effective July 6, 2010; 38 SDR 214, effective June 21, 2012.

General Authority: SDCL 23-3-35(1)(14).

Law Implemented: SDCL 23-3-35.4, 23-3-35.5.

Rule 02:01:13:03 Standards for certification as an accelerant detection canine team.

2:01:13:03. Standards for certification as an accelerant detection canine team. An accelerant detection canine team may be certified only upon:

(1) Successful completion of a training program that is approved and administered by the BATF for Accelerant Detection Canine Certification; and

(2) Certification by the BATF as a certified Accelerant Detection Canine Team.

Source: 31 SDR 19, effective June 9, 2005; 32 SDR 225, effective June 26, 2006; 34 SDR 77, effective September 25, 2007; 35 SDR 171, effective December 30, 2008; 38 SDR 214, effective June 21, 2012.

General Authority: SDCL 23-3-35(1)(14).

Law Implemented: SDCL 23-3-35.4, 23-3-35.5.

Rule 02:01:13:04 Expiration of certification as an accelerant detection canine team.

2:01:13:04. Expiration of certification as an accelerant detection canine team. Unless renewed, certification as an accelerant detection canine team expires one year and thirty days after the date all certification or recertification standards were last met.

Source: 31 SDR 192, effective June 9, 2005; 38 SDR 214, effective June 21, 2012; 44 SDR 158, effective May 7, 2018.

General Authority: SDCL 23-3-35(1)(14).

Law Implemented: SDCL 23-3-35.4, 23-3-35.5.

Rule 02:01:13:05 Standards for certification as a drug detection canine team.

2:01:13:05. Standards for certification as a drug detection canine team. A drug detection canine team may be certified by the commission only upon the successful completion of the commission's training program that is administered by Law Enforcement Training which consists of a minimum 240-hour curriculum of training which includes the following subject areas:

(a) Drug detector dog handling;

(b) Daily care, maintenance, and first aid;

(d) Packaging and smuggling;

(e) Activity logs; and

(f) Statutes and caselaw.

Source: 31 SDR 192, effective June 9, 2005; 32 SDR 225, effective June 26, 2006; 38 SDR 214, effective June 21, 2012; 44 SDR 158, effective May 7, 2018.

General Authority: SDCL 23-3-35(1)(14).

Law Implemented: SDCL 23-3-35.4, 23-3-35.5.

Rule 02:01:13:05.01 Standards for certification as an explosive detection canine team.

2:01:13:05.01. Standards for certification as an explosive detection canine team. An explosive detection canine team may be certified by the commission only upon the successful completion of the commission's training program that is administered by Law Enforcement Training which consists of a minimum 320-hour curriculum of training which includes the following subject areas:

(a) Explosive detector dog handling;

(b) Daily care, maintenance, and first aid;

(d) Packaging and smuggling;

(e) Activity logs; and

(f) Statutes and caselaw.

Source: 44 SDR 158, effective May 7, 2018.

General Authority: SDCL 23-3-35(1)(14).

Law Implemented: SDCL 23-3-35.4, 23-3-35.5.

Rule 02:01:13:06 Standards for certification as a patrol canine team.

2:01:13:06. Standards for certification as a patrol canine team. A patrol canine team may be certified by the commission only upon the successful completion of the commission's training program that is administered by Law Enforcement Training which consists of a minimum 240-hour curriculum of training which includes the following subject areas:

(a) Patrol dog handling;

(b) Daily care, maintenance, and first aid;

(d) Apprehension and deployment;

(e) Patrol dog use of force;

(f) Records and activity logs; and

(g) Statutes and caselaw.

Source: 31 SDR 192, effective June 9, 2005; 38 SDR 214, effective June 21, 2012; 44 SDR 158, effective May 7, 2018.

General Authority: SDCL 23-3-35(1)(14).

Law Implemented: SDCL 23-3-35.4, 23-3-35.5.

Rule 02:01:13:06.01 Standards for certification as a corrections canine team.

2:01:13:06.01. Standards for certification as a corrections canine team. A canine team may be certified as a corrections canine team by the commission only upon:

(1) Successful completion of a training program that is administered by the Department of Corrections for correction canine teams to search for any article which is unlawful for an inmate to possess pursuant to state law or the rules of the Department of Corrections; and

(2) Certification by the Department of Corrections as a certified corrections canine team.

Source: 41 SDR 58, effective October 14, 2014.

General Authority: SDCL 23-3-35(1)(14).

Law Implemented: SDCL 23-3-35.4, 23-3-35.5.

Rule 02:01:13:07 Expiration of certification as a drug detection, explosive detection, patrol, or corrections canine team.

2:01:13:07. Expiration of certification as a drug detection, explosive detection, patrol, or corrections canine team. Unless renewed, certification as a drug detection, explosive detection, patrol, or corrections canine team expires one year and thirty days after the date all certification or recertification standards were last met.

Source: 31 SDR 192, effective June 9, 2005; 33 SDR 50, effective September 26, 2006; 38 SDR 214, effective June 21, 2012; 41 SDR 58, effective October 14, 2014; 44 SDR 158, effective May 7, 2018.

General Authority: SDCL 23-3-35(1)(14), 23-3-35.5.

Law Implemented: SDCL 23-3-35.4, 23-3-35.5.

Rule 02:01:13:08 Standards for certification as a scent discriminatory canine team.

2:01:13:08. Standards for certification as a scent discriminatory canine team. A scent discriminatory canine team may be certified only upon being certified by the INBTI as a Scent Discriminatory Tracking Canine Team.

Source: 31 SDR 192, effective June 9, 2005; 33 SDR 50, effective September 26, 2006; 38 SDR 214, effective June 21, 2012.

General Authority: SDCL 23-3-35(1)(14), 23-3-35.5.

Law Implemented: SDCL 23-3-35.4, 23-3-35.5.

Rule 02:01:13:09 Expiration of certification to act as a scent discriminatory canine team.

2:01:13:09. Expiration of certification to act as a scent discriminatory canine team. Unless renewed, certification as a scent discriminatory canine team expires one year and thirty days after the date all certification or recertification standards were last met.

Source: 31 SDR 192, effective June 9, 2005; 38 SDR 214, effective June 21, 2012; 44 SDR 158, effective May 7, 2018.

General Authority: SDCL 23-3-35(1)(14).

Law Implemented: SDCL 23-3-35.4, 23-3-35.5.

Rule 02:01:13:10 Renewal of certification as a canine team.

2:01:13:10. Renewal of certification as a canine team. A canine team may renew its certification, at any time prior to its expiration, by successfully completing the recertification standards established by the certifying organization.

Source: 31 SDR 192, effective June 9, 2005; 38 SDR 214, effective June 21, 2012.

General Authority: SDCL 23-3-35(1)(14).

Law Implemented: SDCL 23-3-35.4, 23-3-35.5.

Rule 02:01:13:11 Training records maintained by canine handlers.

2:01:13:11. Training records maintained by canine handlers. A canine handler shall maintain records indicating:

(1) The name and title of the canine handler;

(2) The name and address of the agency employing and designating the handler as a canine handler; and

(3) Any training and use of the canine.

Source: 31 SDR 192, effective June 9, 2005.

General Authority: SDCL 23-3-35(1)(14).

Law Implemented: SDCL 23-3-35.4, 23-3-35.5.

Rule 02:01:13:12 Training records maintained by commission.

2:01:13:12. Training records maintained by commission. The commission, through the office of law enforcement training, shall maintain records as follows:

(1) Applications requesting certification or recertification of canine teams; and

(2) Records indicating the issuance or denial of certification or recertification.

Source: 31 SDR 192, effective June 9, 2005; 38 SDR 214, effective June 21, 2012.

General Authority: SDCL 23-3-35(1)(14).

Law Implemented: SDCL 23-3-35.4, 23-3-35.5.

Rule 02:01:13:13 Forms.

2:01:13:13. Forms. The form of all applications, evaluations, and related documents shall be prescribed by the commission. The forms may require applicants to provide information to identify the applicant, canine team, and the performance of the canine or canine team in the field or as a part of an evaluation.

Source: 31 SDR 192, effective June 9, 2005.

General Authority: SDCL 23-3-35(1)(14).

Law Implemented: SDCL 23-3-35.4, 23-3-35.5.

Rule 02:01:13:14 Request for certification of canine team.

2:01:13:14. Request for certification of canine team. A law enforcement agency shall apply to the commission for issuance of certification for a canine team.

Source: 31 SDR 192, effective June 9, 2005; 38 SDR 214, effective June 21, 2012.

General Authority: SDCL 23-3-35(1)(14).

Law Implemented: SDCL 23-3-35.4, 23-3-35.5.

Rule 02:01:13:15 Change in eligibility of canine team.

2:01:13:15. Change in eligibility of canine team. A law enforcement agency shall provide the office of law enforcement training with written notification within thirty days of any change in the status of a canine team to the extent the change affects the canine team's eligibility for certification or recertification.

Source: 31 SDR 192, effective June 9, 2005.

General Authority: SDCL 23-3-35(1)(14).

Law Implemented: SDCL 23-3-35.4, 23-3-35.5.

Rule 02:01:13:16 Repealed.

2:01:13:16. Reevaluation upon failure. Repealed.

Source: 31 SDR 192, effective June 9, 2005; 32 SDR 225, effective June 26, 2006; repealed, 38 SDR 214, effective June 21, 2012.

Rule 02:01:13:17 Repealed.

2:01:13:17. Fees. Repealed.

Source: 31 SDR 192, effective June 9, 2005; 32 SDR 225, effective June 26, 2006; repealed, 38 SDR 214, effective June 21, 2012.

Rule 02:01:13:18 Revocation or suspension of certification or authorization.

2:01:13:18. Revocation or suspension of certification or authorization. The commission may revoke or suspend the certification of any canine team if the team violates any state law or rule of the commission. The canine team may, after one year, apply to the commission for reinstatement of certification.

Source: 31 SDR 192, effective June 9, 2005; 34 SDR 77, effective September 25, 2007; 35 SDR 171, effective December 30, 2008; 38 SDR 214, effective June 21, 2012; 47 SDR 41, effective October 12, 2020.

General Authority: SDCL 23-3-35(14), 23-3-35.5.

Law Implemented: SDCL 23-3-35.4, 23-3-35.5.

Rule 02:01:13:19 Reciprocity.

2:01:13:19. Reciprocity. The commission may waive all or any portion of the training program requirement of § 2:01:13:05, 2:01:13:05.01, and 2:01:13:06 upon formal application of a canine team requesting the waiver and a showing that the canine team to be exempted from the training program has completed a course of equivalent content and quality in another jurisdiction no more than one year previous to the date of the application or has been employed within the previous one year as a canine team in another jurisdiction and has completed a course of equivalent content and quality. The executive secretary, through the office of law enforcement training, may administer to the canine team an examination to determine the canine team's state of competence. Upon completion of the evaluation, the commission shall issue the canine team a certificate or shall notify the canine team of the training to be completed before the canine team can be certified. After the canine team successfully completes the required training the commission shall issue the canine team a certificate.

Source: 44 SDR 158, effective May 7, 2018.

General Authority: SDCL 23-3-35(1)(14).

Law Implemented: SDCL 23-3-35.4, 23-3-35.5.

Rule 02:01:13:20 Waiver.

2:01:13:20. Waiver. The commission may waive all or any portion of the training program requirement of § 2:01:13:05, 2:01:13:05.01, and 2:01:13:06 upon formal application of a canine team requesting the waiver and a showing that the police service dog and canine handler were both previously certified as a separate canine team. The executive secretary, through the office of law enforcement training, may administer to the canine team an examination to determine the canine team's state of competence. Upon completion of the evaluation, the commission shall issue the canine team a certificate or shall notify the canine team of the training to be completed before the canine team can be certified. After the canine team successfully completes the required training the commission shall issue the canine team a certificate.

Source: 44 SDR 158, effective May 7, 2018.

General Authority: SDCL 23-3-35(1)(14).

Law Implemented: SDCL 23-3-35.4, 23-3-35.5.

Rule 02:01:13:20.01 Expired.

02:01:13:20.01. Certification expiration extension. (Expired 7/26/2020).

Source: 46 SDR 125, effective April 27, 2020 (Emergency Rule); Expired July 26, 2020.

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