reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 03 - Law Enforcement Agencies › Section 23-3-15.1 - Cooperation with Sisseton-Wahpeton Sioux Tribe--Certain positions to have criminal history checks.

23-3-15.1. Cooperation with Sisseton-Wahpeton Sioux Tribe--Certain positions to have criminal history checks.
The Division of Criminal Investigation may, upon the request of the Sisseton-Wahpeton Sioux Tribe, obtain national criminal history record information on any applicant for or holder of a position:
(1)As a member of the tribal council or a district council;
(2)As judge of the tribal court;
(3)On tribal commissions and boards;
(4)A tribal conservation officer;
(5)As an executive officer of a tribal commercial enterprise;
(6)As a faculty member or administrator of any tribal educational institution or program;
(7)With tribal child protection and youth program responsibilities, to the extent that such criminal history record information is not available through the Bureau of Indian Affairs by means of the Indian Child Protection and Family Violence Act;
(8)To work with tribal juvenile delinquents and offenders;
(9)As a tribal gaming licensee for whom criminal history background screening is not available through the National Indian Gaming Commission; and
(10)As a tribal foster parent or prospective adoptive parent.
Source:
SL 1998, ch 144, §1.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 03 - Law Enforcement Agencies › Section 23-3-15.2 - Fingerprint check of applicants for certain tribal positions--Fee.

23-3-15.2. Fingerprint check of applicants for certain tribal positions--Fee.
In order to determine the suitability of any applicant for or holder of a position listed in §23-3-15.1, the Sisseton-Wahpeton Sioux Tribe shall require a background investigation, by means of fingerprint checks by the Division of Criminal Investigation and the Federal Bureau of Investigation, of each applicant or position holder. The tribe shall submit completed fingerprint cards to the Division of Criminal Investigation. If no disqualifying record is identified at the state level, the fingerprints shall be forwarded by the Division of Criminal Investigation to the Federal Bureau of Investigation for a national criminal history record check. The tribe, or, if required by the tribe, the applicant or position holder shall pay all processing fees required either by the Division of Criminal Investigation or the Federal Bureau of Investigation.
Source:
SL 1998, ch 144, §2.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 03 - Law Enforcement Agencies › Section 23-3-15.3 - Exchange of information.

23-3-15.3. Exchange of information.
The information obtained from the state or national criminal history record check conducted pursuant to §§23-3-15.1 to 23-3-15.3, inclusive, may be exchanged with and used by the tribe to determine the applicant's eligibility to hold a position specified in §23-3-15.1.
Source:
SL 1998, ch 144, §3.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 03 - Law Enforcement Agencies › Section 23-3-16 - System of criminal identification and investigation--Maintenance by division.

23-3-16. System of criminal identification and investigation--Maintenance by division.
It shall be the duty of the Division of Criminal Investigation to establish, develop, and carry on a system of criminal identification and investigation.
Source:
SDC 1939, §55.1603 (5).
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 03 - Law Enforcement Agencies › Section 23-3-17 - Assistance by division in establishing local bureaus of identification.

23-3-17. Assistance by division in establishing local bureaus of identification.
It shall be the duty of the Division of Criminal Investigation to offer assistance and instructions when practicable to sheriffs, chiefs of police, and other peace officers in establishing efficient local bureaus of identification in their respective subdivisions.
Source:
SDC 1939, §55.1603 (6); SL 1966, ch 161, §2.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 03 - Law Enforcement Agencies › Section 23-3-18 - Division as official agency to train law enforcement officers--Intra-departmental training encouraged.

23-3-18. Division as official agency to train law enforcement officers--Intra-departmental training encouraged.
In order to supplement the provisions of §23-3-17 the Division of Criminal Investigation is hereby designated as the official agency to coordinate and administer the training of all law enforcement officers within this state. By such designation it is not the intention to interfere with or to abolish any intra-department training program sponsored by state, tribal governments, county, or local law enforcement agencies, but rather it is the intention to encourage intra-departmental training.
Source:
SDC 1939, §55.1603 (6) as added by SL 1966, ch 161, §2; SL 2018, ch 139, §2.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 03 - Law Enforcement Agencies › Section 23-3-18.1 - Guidelines and procedures for reporting and investigation of missing persons, murdered indigenous women and children, and runaways--Training programs.

23-3-18.1. Guidelines and procedures for reporting and investigation of missing persons, murdered indigenous women and children, and runaways--Training programs.
The director of the Division of Criminal Investigation shall prepare guidelines and uniform procedures for the reporting of and investigation of missing persons, including missing and murdered indigenous women and children, and runaways. The director shall distribute the guidelines to law enforcement agencies within the state.
The director of the Division of Criminal Investigation shall establish training programs for law enforcement personnel regarding the conduct of investigations into missing persons, including missing and murdered indigenous women and children, and the provision of runaway assistance.
Source:
SL 1986, ch 188; SL 2019, ch 114, §1.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 03 - Law Enforcement Agencies › Section 23-3-18.2 - Collection and sharing of information on missing and murdered indigenous persons.

23-3-18.2.Collection and sharing of information on missing and murdered indigenous persons.
The Division of Criminal Investigation shall collect data and share information on missing and murdered indigenous persons in cooperation with similar divisions, bureaus, or departments of other states, tribal governments or law enforcement agencies, county or municipal governments and law enforcement agencies, the Bureau of Indian Affairs of the U.S. Department of the Interior, or the Bureau of Investigation of the U. S. Department of Justice.
Source:
SL 2019, ch 114, §2.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 03 - Law Enforcement Agencies › Section 23-3-18.3 - Definitions.

23-3-18.3  .  Definitions.
Terms used in §§  23-3-18.1   to 23-3-18.8, inclusive, mean:
(1) "Missing person," a person who has been reported as missing to a law enforcement agency;
(2) "Missing persons clearinghouse," the repository established in §23-3-18.5.
Source:  SL 2020, ch 90, § 1.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 03 - Law Enforcement Agencies › Section 23-3-18.4 - Missing persons clearinghouse--Establishment--Purpose.

23-3-18.4  .  Missing persons clearinghouse--Establishment--Purpose.
The missing persons clearinghouse is hereby established within the Division of Criminal Investigation. The Division of Criminal Investigation shall administer the clearinghouse as provided in §23-3-18.5.
The missing persons clearinghouse shall be used by all law enforcement agencies in the state as a central repository for information on missing persons. A law enforcement agency shall provide information to the clearinghouse on a form prescribed by the Division of Criminal Investigation.
Source:  SL 2020, ch 90, § 2.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 03 - Law Enforcement Agencies › Section 23-3-18.5 - Missing persons clearinghouse--Administration--Requirements.

23-3-18.5  .  Missing persons clearinghouse--Administration--Requirements.
To administer the missing persons clearinghouse, the Division of Criminal Investigation shall:
(1) Collect, process, maintain, and disseminate information about missing persons in this state through a hard copy or an electronic means;
(2) Develop training programs for law enforcement agencies concerning the appropriate procedures to report missing persons to the clearinghouse;
(3) Cooperate with other states and the National Crime Information Center in the exchange of information on missing persons;
(4) Maintain an internet web site accessible to law enforcement agencies and to the public with information on missing persons and with information about the resources available through the clearinghouse. The web site may contain information on missing persons including names, photographs, or other images, if available; descriptions of missing persons; the law enforcement agencies or persons to contact with information regarding missing persons; and the names of persons reported missing whose locations have been determined and confirmed. Nothing in this subdivision prevents the Division of Criminal Investigation from establishing a separate link accessible only to law enforcement agencies for the dissemination and collection of sensitive information as determined by the Division of Criminal Investigation;
(5) Maintain a registry of prevention and education materials and programs regarding missing and runaway minors through hard copy or electronic means; and
(6) Compile statistics relating to the incidence of missing persons within this state.
Source:  SL 2020, ch 90, § 3.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 03 - Law Enforcement Agencies › Section 23-3-18.6 - Missing persons clearinghouse--Report--Notification.

23-3-18.6  .  Missing persons clearinghouse--Report--Notification.
If a report of a missing person is received by a law enforcement agency having jurisdiction, the agency shall make an immediate entry into the National Crime Information Center and shall then notify the missing persons clearinghouse. If the report of a missing person involves a child, the law enforcement agency shall transmit the proper information for inclusion in the National Crime Information Center computer pursuant to §  26-17-2   and to the missing persons clearinghouse.
Source:  SL 2020, ch 90, § 4.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 03 - Law Enforcement Agencies › Section 23-3-18.7 - Missing person clearinghouse--Purpose.

23-3-18.7  .  Missing person clearinghouse--Purpose.
The purpose of the missing persons clearinghouse is to serve as a repository. The clearinghouse does not relieve the law enforcement agency having jurisdiction over a missing person case of the agency's investigatory duties and does not automatically involve the Division of Criminal Investigation as the primary investigatory agency in any case.
Source:  SL 2020, ch 90, § 5.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 03 - Law Enforcement Agencies › Section 23-3-18.8 - Missing person located--Purging of information.

23-3-18.8  .  Missing person located--Purging of information.
After the location of a missing person is determined and confirmed, the clearinghouse may only release information described in subdivision   23-3-18.5  (4) concerning the located person. Other information concerning the history of the missing person case may only be disclosed to law enforcement agencies of this state and other jurisdictions if necessary for the discharge of official duties, and to the juvenile court in the county of residence of a located person who is a minor. Any information in the clearinghouse relating to a missing person shall be purged when the person's location is determined and confirmed.
Source:  SL 2020, ch 90, § 6.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 03 - Law Enforcement Agencies › Section 23-3-19 - Performance by division of other required duties.

23-3-19. Performance by division of other required duties.
It shall be the duty of the Division of Criminal Investigation to perform such other duties as may be prescribed by law or the orders of the Governor or attorney general in carrying out an effective plan for the investigation, detection, prevention of crime, and apprehension of criminals, fugitives, or persons charged with violation of law.
Source:
SDC 1939, §55.1603 (7).
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 03 - Law Enforcement Agencies › Section 23-3-19.1 - State Forensic Laboratory created--Assignment to criminal investigation division--Employees.

23-3-19.1. State Forensic Laboratory created--Assignment to criminal investigation division--Employees.
There is created in the Office of the Attorney General a State Forensic Laboratory. The attorney general may assign the State Forensic Laboratory to the Division of Criminal Investigation. The employees of the laboratory serve at the will of the attorney general, except those employees who are agents of the Division of Criminal Investigation.
Source:
SL 1979, ch 158, §§1, 2, 4; SL 1985, ch 188, §1.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 03 - Law Enforcement Agencies › Section 23-3-19.2 - Scientific examinations conducted by laboratory.

23-3-19.2. Scientific examinations conducted by laboratory.
The State Forensic Laboratory shall conduct scientific examinations to assist law enforcement officers in criminal investigations.
Source:
SL 1979, ch 158, §3; SL 1985, ch 188, §2.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 03 - Law Enforcement Agencies › Section 23-3-19.3 - Copy of statement of laboratory's or certified chemist's findings as prima facie evidence of facts therein--Force and effect--Personal testimony at accused's request.

23-3-19.3. Copy of statement of laboratory's or certified chemist's findings as prima facie evidence of facts therein--Force and effect--Personal testimony at accused's request.
A copy of a statement of the methods and findings of any examination or analysis conducted by employees of the State Forensic Laboratory or by a certified chemist employed by a law enforcement agency within the state, authenticated under oath by the employee, is prima facie evidence in all grand jury, court, parole, probation, and contested case proceedings in the State of South Dakota of the facts contained therein reciting the methods and findings.
The statement has the same force and effect as if the person who performed the analysis or examination had testified in person. An accused person or the accused's attorney may request that the person in the State Forensic Laboratory or the certified chemist employed by a law enforcement agency within the state, who conducted the examination testify in person at a criminal trial, parole revocation, or probation revocation, concerning the examination or analysis.
Source:
SL 1979, ch 158, §5; SL 1985, ch 188, §3; SL 1996, ch 152; SL 2006, ch 132, §1.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 03 - Law Enforcement Agencies › Section 23-3-26 - Training of law enforcement officers--Findings and policy.

23-3-26. Training of law enforcement officers--Findings and policy.
The Legislature finds that the administration of criminal justice is of state-wide concern, and that law enforcement work is important to the health, safety, and welfare of the people of this state and is of such a nature as to require education and training of a professional character. It is in the public interest that such education and training be made available to persons who seek to become law enforcement officers, persons who are serving as such officers in a temporary or probationary capacity, and persons already in regular service.
Source:
SL 1970, ch 145, §1.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 03 - Law Enforcement Agencies › Section 23-3-27 - Law enforcement officer defined.

23-3-27. Law enforcement officer defined.
Law enforcement officer means any employee or officer of the state or any political subdivision thereof and who is responsible for the prevention and detection of crime and the enforcement of the criminal or highway traffic laws of this state.
Source:
SL 1970, ch 145, §2.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 03 - Law Enforcement Agencies › Section 23-3-27.1 - Tribal law enforcement defined.

23-3-27.1. Tribal law enforcement defined.
The term, tribal law enforcement, means law enforcement agencies administered by one of the federally recognized Indian tribes or Bureau of Indian Affairs with land geographically located within the borders of this state.
Source:
SL 2018, ch 139, §6.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 03 - Law Enforcement Agencies › Section 23-3-28 - Law Enforcement Officers Standards Commission--Appointment--Terms of members.

23-3-28. Law Enforcement Officers Standards Commission--Appointment--Terms of members.
There is hereby created a Law Enforcement Officers Standards Commission in the Office of the Attorney General. This commission shall consist of thirteen members, eight of whom shall be appointed by the attorney general as follows: one person from the Division of Highway Patrol; one person who is a duly elected, qualified, and acting sheriff of this state; one person who is a duly appointed, qualified, and acting member of a municipal police department of this state; one member who is a certified tribal law enforcement officer; one person who is a member of the State Bar of South Dakota; one member recommended by the executive director of the Board of Regents; one member recommended by the South Dakota Municipal League; and one member recommended by the South Dakota County Commissioners Association. Two members of the commission shall be civilians appointed by the Governor after consultation with the attorney general. Civilians are defined as a person who is not currently or ever has been a certified law enforcement officer.
The attorney general on the first appointments shall appoint three members for terms of one year and four members for a term of two years; thereafter all appointments shall be for two years. The Governor shall appoint civilian members to terms of two years. An appointee is eligible to be reappointed.
Source:
SDC 1939, §55.1603 (6) as added by SL 1966, ch 161, §2; SDCL §23-3-21; SL 1970, ch 145, §3 (a); SL 2011, ch 121, §1; SL 2018, ch 139, §3; SL 2021, ch 102, § 1.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 03 - Law Enforcement Agencies › Section 23-3-28.1 - Commission supported by attorney general's office.

23-3-28.1. Commission supported by attorney general's office.
The law enforcement officers standards commission shall be attached to the Office of the Attorney General and be provided with staff assistance and support from that office.
Source:
SL 1973, ch 156, §2.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 03 - Law Enforcement Agencies › Section 23-3-29 - Death, resignation, or incapacity of commission member--Appointment of successor.

23-3-29. Death, resignation, or incapacity of commission member--Appointment of successor.
In the event of death, resignation, or other disability, which shall result in any appointee under §23-3-28 being removed from that capacity in which he was appointed to such commission, his membership on such commission shall immediately terminate and the attorney general shall appoint a qualified successor to complete such term of office.
Source:
SDC 1939, §55.1603 (6) as added by SL 1966, ch 161, §2; SDCL, §23-3-21; SL 1970, ch 145, §3 (a).
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 03 - Law Enforcement Agencies › Section 23-3-30 - Ex officio members of commission.

23-3-30. Ex officio members of commission.
In addition to the appointive members described in §23-3-28, the following persons shall be members of such commission, to wit: the chief agent of the Division of Criminal Investigation, who shall serve as chairman of such commission: the special agent in charge, Federal Bureau of Investigation, who is in charge of the district in which South Dakota is located; and the attorney general.
Source:
SDC 1939, §55.1603 (6) as added by SL 1966, ch 161, §2; SDCL, §23-3-21; SL 1970, ch 145, §3 (a).
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 03 - Law Enforcement Agencies › Section 23-3-31 - Commission membership compatible with other office.

23-3-31. Commission membership compatible with other office.
Notwithstanding any provision of any statute, ordinance, local law, or charter provision to the contrary, membership on the commission shall not disqualify any member from holding any other public office or employment, or cause the forfeiture thereof.
Source:
SL 1970, ch 145, §3 (b).
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 03 - Law Enforcement Agencies › Section 23-3-32 - Meetings of commission.

23-3-32. Meetings of commission.
The commission shall hold no less than four regular meetings a year. Subject to the requirements of this section, the chairman shall fix the times and places of meetings, either on his own motion or upon written request of any five members of the commission.
Source:
SDC 1939, §55.1603 (6) as added by SL 1966, ch 161, §2; SDCL, §23-3-23; SL 1970, ch 145, §3 (d).
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 03 - Law Enforcement Agencies › Section 23-3-33 - Reports of commission.

23-3-33. Reports of commission.
The commission shall report annually to the attorney general, the Governor, and the Legislature on its activities, and may make such other reports as it deems desirable.
Source:
SL 1970, ch 145, §3 (e).
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 03 - Law Enforcement Agencies › Section 23-3-35.1 - Definitions.

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.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 03 - Law Enforcement Agencies › Section 23-3-35.2 - License required to question person using CVSA--Violation a misdemeanor.

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.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 03 - Law Enforcement Agencies › Section 23-3-35.3 - Requirements for license as CVSA examiner.

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.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 03 - Law Enforcement Agencies › Section 23-3-35.4 - Law enforcement canine team certification--Specialties.

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.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 03 - Law Enforcement Agencies › Section 23-3-35.5 - Canine certification standards and criteria--Rules--Fees.

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.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 03 - Law Enforcement Agencies › Section 23-3-36 - Commission supported by appropriations.

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).
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 03 - Law Enforcement Agencies › Section 23-3-37 - Acceptance of donations and grants--Report and deposit.

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).
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 03 - Law Enforcement Agencies › Section 23-3-38 - Administration of grants--Efficiency in operation.

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).
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 03 - Law Enforcement Agencies › Section 23-3-39 - Establishment and maintenance of training programs.

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.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 03 - Law Enforcement Agencies › Section 23-3-39.1 - Airport security training to be provided--Maximum duration.

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.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 03 - Law Enforcement Agencies › Section 23-3-39.2 - Criteria for accepting person not employed as an officer in training program.

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.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 03 - Law Enforcement Agencies › Section 23-3-39.3 - Fee for person not employed as officer for training program.

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.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 03 - Law Enforcement Agencies › Section 23-3-39.4 - Domestic abuse training for law enforcement officers.

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.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 03 - Law Enforcement Agencies › Section 23-3-39.5 - Initial training to include domestic abuse.

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.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 03 - Law Enforcement Agencies › Section 23-3-39.6 - Domestic abuse and mental health training for state's attorney or deputy state's attorney.

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.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 03 - Law Enforcement Agencies › Section 23-3-39.7 - Domestic abuse training to utilize law enforcement officer training fund.

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.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 03 - Law Enforcement Agencies › Section 23-3-39.8 - Policies on response to domestic abuse situations.

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.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 03 - Law Enforcement Agencies › Section 23-3-39.9 - Response to resistance training.

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.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 03 - Law Enforcement Agencies › Section 23-3-40 - Reimbursement of expenses of officers in training.

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).
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 03 - Law Enforcement Agencies › Section 23-3-41 - Probationary appointment of officers until training completed--Maximum probationary employment.

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.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 03 - Law Enforcement Agencies › Section 23-3-42 - Qualifications prescribed for law enforcement officers.

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.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 03 - Law Enforcement Agencies › Section 23-3-42.1 - Training in domestic abuse issues required.

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.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 03 - Law Enforcement Agencies › Section 23-3-42.2 - Unified Judicial System to provide access to juvenile adjudications and dispositions.

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.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 03 - Law Enforcement Agencies › Section 23-3-43 - Elected county sheriffs not exempt from prescribed qualifications--Education and training required.

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.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 03 - Law Enforcement Agencies › Section 23-3-43.1 - Certification of qualification of candidate for county sheriff.

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.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 03 - Law Enforcement Agencies › Section 23-3-44 - Certification of qualified officer trained in another state.

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).
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 03 - Law Enforcement Agencies › Section 23-3-45 - Exemption of officers already serving.

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).
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 03 - Law Enforcement Agencies › Section 23-3-46 - Division of Criminal Investigation to administer programs--Personnel.

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.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 03 - Law Enforcement Agencies › Section 23-3-47 - Severability.

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.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 03 - Law Enforcement Agencies › Section 23-3-48 - Legislative finding of necessity for law enforcement training center and other law enforcement facilities.

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.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 03 - Law Enforcement Agencies › Section 23-3-49 - Attorney general to accept gifts for training center and facilities.

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.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 03 - Law Enforcement Agencies › Section 23-3-50 - Division of Criminal Investigation to provide training and operate center--Supervision by attorney general.

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.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 03 - Law Enforcement Agencies › Section 23-3-52 - Liquidated costs--Amount--Purposes--Waiver.

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.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 03 - Law Enforcement Agencies › Section 23-3-53 - Collection by clerk of courts--Transmittal to state treasurer--Funds--Uses.

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.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 03 - Law Enforcement Agencies › Section 23-3-55 - Annual appropriation from fund--Allocation.

23-3-55. Annual appropriation from fund--Allocation.
Moneys in the law enforcement officers training fund shall be annually appropriated by the Legislature to be used with any other moneys otherwise appropriated to pay necessary costs of law enforcement, law enforcement training, and judicial training and to pay expenses for the operation of the Law Enforcement Officers Standards Commission. The funds shall be allocated for: law enforcement training programs conducted by the Office of the Attorney General through the Law Enforcement Officers Standards Commission; highway safety law enforcement training; the operation of a statewide drug enforcement unit; state law enforcement equipment; the State Forensic Laboratory; the training of prosecutors and Unified Judicial System personnel; and other law enforcement and training purposes.
Source:
SL 1977, ch 194, §2; SL 1982, ch 186, §2; SL 1985, ch 188, §4; SL 1987, ch 171, §2; SL 1988, ch 189, §3.