23-3-35. Powers of commission.

In addition to powers conferred upon the Law Enforcement Officers Standards Commission elsewhere in this chapter, the commission may:

(1)    Promulgate rules for the administration of §§ 23-3-26 to 23-3-47, inclusive, including the authority to require the submission of reports and information by law enforcement agencies within this state;

(2)    Establish minimum educational and training standards for admission to employment as a law enforcement officer:

(a)    In permanent positions; and

(b)    In temporary or probationary status;

(3)    Certify persons as being qualified under the provisions of §§ 23-3-26 to 23-3-47, inclusive, to be law enforcement officers, and by rule to establish criteria and procedure for the revocation or suspension of the certification of officers who have been convicted of a felony or misdemeanor involving moral turpitude, have intentionally falsified any application or document to achieve certification, or have been discharged from employment for cause, or have engaged in conduct unbecoming of a law enforcement officer;

(4)    Establish minimum curriculum requirements for preparatory, in-service, and advanced courses and programs for schools operated by or for the state or any political subdivisions of the state for the specific purpose of training recruits, other law enforcement officers, or tribal law enforcement;

(5)    Consult and cooperate with counties, municipalities, agencies of this state, tribal governments, other governmental agencies, and with universities, colleges, junior colleges, and other institutions concerning the development of law enforcement training schools and programs or courses of instruction;

(6)    Approve institutions and facilities for school operation by or for the state or any political subdivision of the state for the specific purpose of training law enforcement officers and recruits;

(7)    Make or encourage studies of any aspect of police administration;

(8)    Conduct and stimulate research by public and private agencies which is designed to improve police administration and law enforcement;

(9)    Make recommendations concerning any matter within its purview pursuant to §§ 23-3-26 to 23-3-47, inclusive;

(10)    Make such evaluations as may be necessary to determine if governmental units are complying with the provisions of §§ 23-3-26 to 23-3-47, inclusive;

(11)    Adopt and amend bylaws, consistent with law, for its internal management and control;

(12)    Enter into contracts or do such things as may be necessary and incidental to the administration of its authority pursuant to §§ 23-3-26 to 23-3-47, inclusive;

(13)    License and regulate the activities of private or law enforcement polygraph and computer voice stress analyzer examiners;

(14)    Certify canine teams; and

(15)    Establish minimum educational and training standards for newly selected county coroners and advanced training standards for incumbent county coroners;

(16)    Establish minimum educational and training standards for school sentinels authorized in § 13-64-1.

Source: SDC 1939, § 55.1603 (6) as added by SL 1966, ch 161, § 2; SDCL § 23-3-25; SL 1970, ch 145, § 4; SL 1976, ch 160; SL 1984, ch 174, § 1; SL 1998, ch 141, § 1; SL 2003, ch 132, § 4; SL 2004, ch 158, § 1; SL 2010, ch 123, § 1; SL 2013, ch 93, § 7; SL 2018, ch 139, § 4.

23-3-35.1. Definitions.

Terms used in §§ 23-3-35 to 23-3-35.3, inclusive, mean:

(1)    "Computer voice stress analyzer" or "CVSA," an instrument that detects, measures, and displays changes in voice frequency, which can be recorded permanently and simultaneously;

(2)    "CVSA examiner," a person who uses a computer voice stress analyzer to question individuals for the purpose of detecting deception.

Source: SL 2003, ch 132, § 1.

23-3-35.2. License required to question person using CVSA--Violation a misdemeanor.

No person may question any individual using a computer voice stress analyzer for the purpose of detecting deception unless the person is a licensed CVSA examiner. A violation of this section is a Class 2 misdemeanor.

Source: SL 2003, ch 132, § 2.

23-3-35.3. Requirements for license as CVSA examiner.

A person may receive a license as a CVSA examiner if the person:

(1)    Establishes that he or she is a person of good moral character;

(2)    Has satisfactorily completed a sixty-hour course of study in the use of a computer voice stress analyzer in the detection of deception; and

(3)    Submits an application to the Office of the Attorney General along with a nonrefundable twenty-five dollar license fee.

Source: SL 2003, ch 132, § 3.

23-3-35.4. Law enforcement canine team certification--Specialties.

Each law enforcement canine team in the state shall be initially certified and annually recertified in one or more of the following specialties:

(1)    The detection of the odors of drugs and controlled substances;

(2)    The detection of the odors of explosive materials, explosive devices, and materials which can be used to construct an explosive device;

(3)    The detection of odors of any other substance or material which can be used with criminal intent;

(4)    Apprehension or search skills including tracking, building suspect search, article recovery, evidence search, and suspect apprehension.

Source: SL 2004, ch 158, § 2.

23-3-35.5. Canine certification standards and criteria--Rules--Fees.

The commission shall, by rules promulgated pursuant to chapter 1-26, establish standards and criteria for canine certification and recertification. The commission may also, by rules promulgated pursuant to chapter 1-26, establish a certification fee and recertification fee to cover the reasonable costs of developing, implementing, and administering the canine certification program. However, the certification fee may not exceed three hundred dollars and the recertification fee may not exceed one hundred dollars.

Source: SL 2004, ch 158, § 3.

23-3-36. Commission supported by appropriations.

Except as otherwise specifically provided in §§ 23-3-37 and 23-3-38, the commission shall be supported only by appropriations made by the Legislature.

Source: SL 1970, ch 145, § 7 (a).

23-3-37. Acceptance of donations and grants--Report and deposit.

The commission may accept for any of its purposes and functions under §§ 23-3-26 to 23-3-47, inclusive, any and all donations, both real and personal, and grants of money from any governmental unit or public agency, or from any institution, person, firm, or corporation, and may receive, utilize, and dispose of the same. Any arrangements pursuant to this section shall be detailed in the annual report of the commission. Such report shall include the identity of the donor, the nature of the transaction, and the conditions, if any. Any moneys received by the commission pursuant to this section shall be deposited in the state treasury to the account of the commission.

Source: SDC 1939, § 55.1603 (8) as added by SL 1966, ch 161, § 3; SDCL, § 23-3-20; SL 1970, ch 145, § 7 (b).

23-3-38. Administration of grants--Efficiency in operation.

The commission, by rules and regulations, shall provide for the administration of the grant program authorized by § 23-3-37. In promulgating such rules, the commission shall promote the most efficient and economical program for law enforcement training, including the maximum utilization of existing facilities and programs for the purpose of avoiding duplication.

Source: SL 1970, ch 145, § 7 (c).

23-3-39. Establishment and maintenance of training programs.

The commission shall establish and maintain law enforcement training programs through the tribal governments of the federally recognized Indian tribes and the agencies and institutions the commission may deem appropriate.

Source: SL 1970, ch 145, § 6 (a); SL 2018, ch 139, § 5.

23-3-39.1. Airport security training to be provided--Maximum duration.

Notwithstanding §§ 23-3-41 and 23-3-42, the Law Enforcement Officers Standards Commission shall establish a training and certification program for any employee or officer of the state or its political subdivisions responsible for providing law enforcement support within the confines of airport property. Such training program shall not exceed five days in duration.

Source: SL 1978, ch 167.

23-3-39.2. Criteria for accepting person not employed as an officer in training program.

The Law Enforcement Officers Standards Commission may establish criteria for acceptance into any of its training programs of any resident of the State of South Dakota who is not employed as a law enforcement officer when he applies for admission to the program.

Source: SL 1983, ch 181, § 1.

23-3-39.3. Fee for person not employed as officer for training program.

The Law Enforcement Officers Standards Commission may establish by rule a fee to be paid by those residents admitted to a training program under § 23-3-39.2. The fee shall be reasonably related to the cost the State of South Dakota incurs in providing the training to the trainee.

Source: SL 1983, ch 181, § 2.

23-3-39.4. Domestic abuse training for law enforcement officers.

A law enforcement officer shall attend training on the following issues pertaining to domestic abuse: enforcement of criminal laws in domestic abuse situations; availability of community resources; and protection of the victim. After initial training, an officer shall attend further training at least once every four years.

Source: SL 1994, ch 171, § 1.

23-3-39.5. Initial training to include domestic abuse.

The initial training of law enforcement officers shall include domestic abuse training as described in § 23-3-39.4.

Source: SL 1994, ch 171, § 1A.

23-3-39.6. Domestic abuse and mental health training for state's attorney or deputy state's attorney.

Each state's attorney or deputy state's attorney shall receive training on evidence-based practices, as defined in subdivision 16-22-1(7); mental health and available mental health services; and the following issues pertaining to domestic abuse: enforcement of criminal laws in domestic abuse situations; availability of community resources; and protection of the victim. After initial training, each state's attorney or deputy state's attorney shall attend further training at least once every four years.

Source: SL 1994, ch 171, § 2; SL 2017, ch 92, § 7; SL 2017, ch 109, § 8.

23-3-39.7. Domestic abuse training to utilize law enforcement officer training fund.

The attorney general's office shall provide the training as required in § 23-3-39.5 utilizing the law enforcement officer training fund.

Source: SL 1994, ch 171, § 2A.

23-3-39.8. Policies on response to domestic abuse situations.

Each law enforcement agency shall adopt and implement written policies on its response to domestic abuse situations. The policies shall include standards of a felony, misdemeanor, and citizen's arrest; verification and enforcement of restraining and stay away orders; cite and release policies; emergency assistance to victims including medical care, transportation to shelter, and police standbys for removing personal property; assistance to victims in pursuing criminal prosecution; notification to victims of their rights; and incident report writing.

Source: SL 1994, ch 171, § 3.

23-3-39.9. Response to resistance training.

A law enforcement officer shall attend response to resistance training. After initial training, an officer shall attend further training at least once every two years.

Source: SL 2021, ch 103, § 1.

23-3-40. Reimbursement of expenses of officers in training.

The commission is authorized to reimburse each political subdivision a percentage of the salary and of the living and traveling expenses incurred by the officers in attendance at approved training programs, providing that such political subdivisions or state agencies do in fact adhere to the selection and training standards established by the commission, and providing funds for this purpose are available.

Source: SL 1970, ch 145, § 6 (b).

23-3-41. Probationary appointment of officers until training completed--Maximum probationary employment.

At the earliest practicable time, the commission shall provide, by regulation, that no person shall be appointed as a law enforcement officer, except on a temporary or probationary basis, unless such person has satisfactorily completed a preparatory program of law enforcement training at a school approved by the commission. No law enforcement officer who lacks the education and training qualifications required by the commission may have his temporary or probationary employment extended beyond one year by renewal of appointment or otherwise. However, in municipalities of the third class, the probationary period may be extended for one additional year.

Source: SL 1970, ch 145, § 5 (b); SL 1981, ch 184.

23-3-42. Qualifications prescribed for law enforcement officers.

In addition to the requirements of § 23-3-41, the commission, by rules promulgated pursuant to chapter 1-26, shall fix other qualifications for the employment and training of appointed law enforcement officers, including minimum age, education, physical and mental standards, citizenship, good moral character, experience, and such other matters as relate to the competence and reliability of persons to assume and discharge the various responsibilities of law enforcement officers. The commission shall also prescribe the means for presenting evidence of fulfillment of these requirements. Notwithstanding §§ 23A-27-14 and 23A-27-17, any person seeking certification as a law enforcement officer who has received an order pursuant to § 23A-27-13 may have his or her application refused. Notwithstanding §§ 26-7A-105 and 26-7A-106, any person seeking certification as a law enforcement officer who has received an adjudication or disposition pursuant to chapter 26-7A or 26-8C may have his or her application refused if the adjudication or disposition was for a crime which, if committed by an adult, would constitute a crime under chapter 22-42 that is punishable as a felony, a sex crime as defined in § 22-24B-1, or a crime of violence as defined in subdivision 22-1-2(9).

Source: SL 1970, ch 145, § 5 (c); SL 1992, ch 169, § 3; SL 2004, ch 159, § 1.

23-3-42.1. Training in domestic abuse issues required.

The minimum training required of each law enforcement officer for certification shall include a minimum total of four hours on the following issues pertaining to domestic abuse:

(1)    Enforcement of criminal laws in domestic abuse situations;

(2)    Availability of community resources; and

(3)    Protection of the victim.

Source: SL 1989, ch 203.

23-3-42.2. Unified Judicial System to provide access to juvenile adjudications and dispositions.

The Unified Judicial System shall provide such access about any adjudication or disposition pursuant to chapter 26-7A or 26-8C to the Law Enforcement Officers Standards Commission as may be necessary to effectuate the purposes of § 23-3-42.

Source: SL 2004, ch 159, § 2.

23-3-43. Elected county sheriffs not exempt from prescribed qualifications--Education and training required.

No person may be elected or appointed as a county sheriff who does not meet the same qualifications provided by § 23-3-42 for the employment of appointed law enforcement officers. All elected or appointed sheriffs shall successfully complete the same education and training program required by the commission for appointed law enforcement officers. The education and training program shall be completed within twelve months after the officer has been appointed or elected and qualified.

Source: SL 1970, ch 145, § 5 (d); SL 1977, ch 195; SL 1992, ch 169, § 1.

23-3-43.1. Certification of qualification of candidate for county sheriff.

Any candidate for election to the office of county sheriff shall file with the county auditor by the last Tuesday of March of the election year a certification of qualification issued by the law enforcement officers standards commission that the candidate meets the qualifications provided in § 23-3-43. However, any candidate appointed to fill a vacancy by a party central committee pursuant to § 12-6-56 shall file with the county auditor a certification of qualification by the second Tuesday in August. Any candidate who files an independent nominating petition shall file with the county auditor a certification of qualification by the first Tuesday after the first Monday of June. A sheriff appointed to fill a vacancy by the county commission shall file with the county auditor a certification of qualification within thirty days of the appointment. Failure to file a certification shall prevent the candidate's name from being placed on the ballot.

Source: SL 1992, ch 169, § 2; SL 2002, ch 74, § 6; SL 2005, ch 87, § 6; SL 2009, ch 69, § 1; SL 2015, ch 77, § 11 rejected Nov. 8, 2016.

23-3-44. Certification of qualified officer trained in another state.

The commission shall issue a certificate evidencing satisfaction of the requirements of §§ 23-3-41 and 23-3-42 to any applicant who presents such evidence as may be required by its rules and regulations of satisfactory completion of a program or course of instruction in another jurisdiction equivalent in content and quality to that required by the commission for approved law enforcement education and training programs in this state.

Source: SL 1970, ch 145, § 5 (e).

23-3-45. Exemption of officers already serving.

Law enforcement officers, elected or appointed, who are already serving on July 1, 1970, shall not be required to meet any requirement of §§ 23-3-41 and 23-3-42 as a condition of tenure or continued employment. The Legislature finds, and it is hereby declared to be the policy of §§ 23-3-26 to 23-3-47, inclusive, that such law enforcement officers have satisfied such requirements by their experience.

Source: SL 1970, ch 145, § 5 (a).

23-3-46. Division of Criminal Investigation to administer programs--Personnel.

The Division of Criminal Investigation, Office of Attorney General, is hereby designated as the agency in state government to coordinate and administer all programs under §§ 23-3-26 to 23-3-47, inclusive, and §§ 34-45-22 to 34-45-32, inclusive.

Selection and payment of personnel to implement training and other programs authorized by these sections is the responsibility of the Division of Criminal Investigation, from the 911 telecommunicator training fund.

Source: SL 1970, ch 145, § 8; SL 1998, ch 142, § 14.

23-3-47. Severability.

The provisions of §§ 23-3-26 to 23-3-46, inclusive, shall be severable and if any phrase, clause, sentence, or provision of said sections is declared to be contrary to the Constitution or laws of this state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of said sections and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby.

Source: SL 1970, ch 145, § 9.

23-3-48. Legislative finding of necessity for law enforcement training center and other law enforcement facilities.

The South Dakota Legislature finds and declares that a state-wide law enforcement training center for the use of all criminal justice personnel in South Dakota to be necessary to provide adequate training for law enforcement officials in an increasingly complex, modern society; to provide office and laboratory space for the Division of Criminal Investigation; and to provide operations, office, and shop space for the State Police Radio System.

Source: SL 1972, ch 286, § 1.

23-3-49. Attorney general to accept gifts for training center and facilities.

The attorney general is authorized to accept and expend, in addition to any amounts appropriated and for the purpose stated in § 23-3-48, any funds which may be obtained from federal funds and any gifts or contributions from any source for said purpose.

Source: SL 1972, ch 286, § 4.

23-3-50. Division of Criminal Investigation to provide training and operate center--Supervision by attorney general.

The Division of Criminal Investigation shall, pursuant to §§ 23-3-26 to 23-3-50, inclusive, continue to provide law enforcement training programs and to occupy and operate the law enforcement training center under the superintendency and control of the attorney general of the State of South Dakota.

Source: SL 1972, ch 286, § 5; SL 1973, ch 156, § 1.

23-3-51. Law enforcement officers training fund created.

There is hereby created in the Office of the State Treasurer a law enforcement officers training fund.

Source: SL 1977, ch 194, § 1.

23-3-52. Liquidated costs--Amount--Purposes--Waiver.

In addition to any other penalty, assessment, or fine provided by law, there shall be levied liquidated costs in the amount of fifty dollars for partial reimbursement to state government and its subdivisions for law enforcement and judicial expenses incurred in providing the personnel, training, and facilities relative to the criminal justice system and to the 911 emergency reporting system, on each conviction for the following:

(1)    Violation of state statutes or regulations having criminal penalties; or

(2)    Violation of county or municipal ordinances.

If a fine is suspended in whole or in part, the liquidated costs for law enforcement and training may not be reduced, except that the judge may waive all or any part of the payment of liquidated costs which would work a hardship on the person convicted or on the person's immediate family.

Source: SL 1977, ch 194, §§ 3, 5; SL 1978, ch 165, § 3; SL 1982, ch 186, § 1; SL 1987, ch 171, § 1; SL 1991, ch 171; SL 1992, ch 170, § 1; SL 1998, ch 142, § 10; SL 1998, ch 143, § 1; SL 2000, ch 110, § 1; SL 2003, ch 120, § 4; SL 2004, ch 160, § 1; SL 2007, ch 148, § 1; SL 2020, ch 91, § 1.

23-3-53. Collection by clerk of courts--Transmittal to state treasurer--Funds--Uses.

After a determination by the court of the amount due, the clerk of courts shall collect the amount due and transmit the amount monthly to the state treasurer. The state treasurer shall place thirty-seven dollars of the fifty dollar fee into the law enforcement officers training fund, seven dollars and fifty cents of the fifty dollar fee into the court appointed attorney and public defender payment fund, two dollars of the fifty dollar fee into the court appointed special advocates fund, two dollars and fifty cents of the fifty dollar fee into the 911 telecommunicator training fund, and one dollar of the fifty dollar fee into the abused and neglected child defense fund.

Source: SL 1977, ch 194, § 1; SL 1982, ch 186, § 5; SL 1988, ch 189, § 1; SL 1991, ch 197, § 1; SL 1992, ch 170, § 2; SL 1998, ch 142, § 12; SL 1998, ch 143, § 2; SL 2000, ch 110, § 2; SL 2003, ch 120, § 5; SL 2004, ch 160, § 2; SL 2007, ch 148, § 2; SL 2020, ch 91, § 3, eff. Jul. 1, 2021.