reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:06 - Training program › Section 2:01:06:09 - Student discipline during basic training course

Current through Register Vol. 51, page 10, July 15, 2024
The executive secretary may enforce restrictions and rules of internal management as are necessary to maintain the orderly instruction of students and efficient operation of the school. Students must comply with such restrictions and rules as set forth by the executive secretary in the basic certification course student handbook, or such other specific directives as the executive secretary may issue.
General Authority:
SDCL  23-3-35(2),  23-3-35(11).
Law Implemented:
SDCL  23-3-41,  23-3-42.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:06 - Training program › Section 2:01:06:14 - Dismissal

Current through Register Vol. 51, page 10, July 15, 2024
The executive secretary may dismiss, from the school, any person who violates any restriction or rule established by the executive secretary to administer or maintain order during the basic training course. The executive secretary may dismiss any person who engages in conduct which would be grounds for revocation or suspension of certification if the person was certified. The executive secretary may dismiss, from the school, any person who fails to meet academic and/or skills proficiency standards outlined in the student handbook.
General Authority:
SDCL  23-3-35(1).
Law Implemented:
SDCL  23-3-35(1).
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:06 - Training program › Section 2:01:06:15 - Appeal

Current through Register Vol. 51, page 10, July 15, 2024
The executive secretary's decision to dismiss shall be appealable under chapter 2:01:04.
General Authority:
SDCL  23-3-35(1).
Law Implemented:
SDCL  1-26-18.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:06 - Training program › Section 2:01:06:17 - Basic requirement for continuing education of officers

Current through Register Vol. 51, page 10, July 15, 2024
Beginning July 1, 2006, to maintain a basic certification, a law enforcement officer must complete 40 hours of training in a two-year period in the following areas:
(1) Annual firearms requalification to include completion of a certified shooting course with a passing score of at least 75 percent;
(2) Continuing education to include completion of courses sponsored by law enforcement training or courses approved and documented by the law enforcement officer's agency in subject areas listed in §
									2:01:06:05;
(3) At least two hours of training in crisis intervention or mental illness; and
(4) At least two hours of training in response-to-resistance training.
These hours will be calculated biennially during even-numbered calendar years. A written report containing the name of the law enforcement officer, signed by the agency head or designee, certifying that the officer has successfully completed the continuing educational requirements and firearms requalification, must be submitted by the employing agency to the executive secretary no later than January 25th of the year following an even-numbered year. An agency shall maintain training records and make them available for inspection by the commission, through the Office of Law Enforcement Training. A failure to complete the requirements necessary to maintain basic certification within the two-year period will result in the certification becoming inactive until such time as all training requirements are completed.
General Authority:
SDCL  23-3-35(1)(3),  23-3-42.
Law Implemented:
SDCL  23-3-26,  23-3-42.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:06 - Training program › Section 2:01:06:17.01 - Firearm requalification

Current through Register Vol. 51, page 10, July 15, 2024
Each law enforcement officer shall requalify with the officer's duty handgun every calendar year by completing a certified shooting course that is administered by a firearms instructor who has been approved by the commission or the executive secretary in accordance with §
									2:01:06:17.05. The certified shooting course must be approved by the commission. A law enforcement officer may not qualify or requalify on a noncertified course. A law enforcement officer must obtain a passing score of at least 75 percent.
General Authority:
SDCL  23-3-35(1)(3),  23-3-42.
Law Implemented:
SDCL  23-3-26,  23-3-42.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:06 - Training program › Section 2:01:06:17.02 - Issuance, denial, or revocation of qualification

Current through Register Vol. 51, page 10, July 15, 2024
A law enforcement officer who does not successfully complete the requirements in §
									2:01:06:17, may not perform the duties of a law enforcement officer. If a certified law enforcement officer fails to meet this standard by December 31st of each reporting year, the officer's certificate becomes inactive until the employing agency provides documentation to the commission or executive secretary establishing that these training standards have been satisfied.
General Authority:
SDCL  23-3-35(1)(3),  23-3-42.
Law Implemented:
SDCL  23-3-26,  23-3-42.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:06 - Training program › Section 2:01:06:17.03 - Waiver

Current through Register Vol. 51, page 10, July 15, 2024
The commission may waive the requirements of any provision of this section upon presentation of documentary evidence by an agency that a law enforcement officer has satisfactorily completed training equivalent to that required in §
									2:01:06:17  or that good cause exists for a waiver. Good cause for a waiver would include matters such as military service, illness, injury, or an authorized leave of absence.
General Authority:
SDCL  23-3-26,  23-3-35(1)(3).
Law Implemented:
SDCL  23-3-42.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:06 - Training program › Section 2:01:06:17.04 - Notification of suspension or revocation of certification -Hearing

Current through Register Vol. 51, page 10, July 15, 2024
The executive secretary shall notify in writing any law enforcement officer and the agency administrator when there is a reasonable basis for suspending or revoking a law enforcement officer's certification due to the officer's failure to comply with the continuing educational requirements of this section. Every law enforcement officer has the right to a hearing on the issue of suspension or revocation.
General Authority:
SDCL  23-3-26,  23-3-35(1)(3).
Law Implemented:
SDCL  23-3-42.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:06 - Training program › Section 2:01:06:17.05 - Standards for authorization to act as firearms instructor

Current through Register Vol. 51, page 10, July 15, 2024
The commission or the executive secretary may authorize an individual to act as a firearms instructor under §
									2:01:06:17.01, if the individual successfully completes the following courses:
(1) A law enforcement handgun instructor course which, at a minimum, addresses the following subject areas:
(a) Liability and use of force;
(b) Safety and basic handgun nomenclature;
(c) Basic handling and operation of handguns;
(d) Fundamentals of shooting and remediation of shooting errors; and
(e) Skill building and testing; and
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:07 - Reserve law enforcement officers › Section 2:01:07:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms used in chapters 2:01:07 to 2:01:09, inclusive, mean:
(1) "Commission," the law enforcement standards and training commission established by SDCL  23-3-28;
(2) "Emergency," any unforeseen condition or situation that involves imminent peril to the health, safety, and welfare of the public;
(3) "Law enforcement agency," a municipal police department or county sheriff's office of a political subdivision of the state of South Dakota, or a law enforcement agency of the state of South Dakota;
(4) "Reserve law enforcement officer" or "reserve officer," a person appointed by the appointing authority of a law enforcement agency to supplement and support, without supplanting, law enforcement officers of that agency as a member of a reserve law enforcement officer unit, and who acts in that capacity without compensation except in an emergency, or as permitted by §
									2:01:07:03; and
(5) "Reserve law enforcement officer unit" or "reserve unit," one or more reserve law enforcement officers trained by a law enforcement agency to perform duties as a reserve law enforcement officer and which as a unit has been certified by the state law enforcement standards and training commission.
General Authority:
SDCL  23-3-35(1).
Law Implemented:
SDCL  23-3-27,  23-3-35,  23-3-42.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:07 - Reserve law enforcement officers › Section 2:01:07:02 - Direction and control of chief officer

Current through Register Vol. 51, page 10, July 15, 2024
Any reserve law enforcement officer or reserve law enforcement officer unit is subject to the direction and control of the chief officer of the law enforcement agency that appointed the reserve officer or established the reserve unit.
General Authority:
SDCL  23-3-35(1).
Law Implemented:
SDCL  23-3-26,  23-3-27,  23-3-35,  23-3-42.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:07 - Reserve law enforcement officers › Section 2:01:07:03 - Compensation for special events

Current through Register Vol. 51, page 10, July 15, 2024
The executive secretary may authorize a law enforcement agency to pay compensation to a reserve officer for order, maintenance, and security functions at sporting events, parades, and other special events. The law enforcement agency shall submit any request for authority to pay compensation to the executive secretary 30 days in advance of the performance of services for which compensation is requested.
General Authority:
SDCL  23-3-35(1).
Law Implemented:
SDCL  23-3-26,  23-3-27,  23-3-35,  23-3-42.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:07 - Reserve law enforcement officers › Section 2:01:07:03.01 - Compensation of reserve law enforcement officers when full- or part-time officers are called to active military duty

Current through Register Vol. 51, page 10, July 15, 2024
The executive secretary may authorize a law enforcement agency to compensate a reserve officer when the reserve officer is assigned duties to replace a full- or part-time officer who has been called to active military duty for a period exceeding 30 consecutive days. A law enforcement agency's authority to compensate a reserve officer terminates when the absent law enforcement officer completes active military duty. A law enforcement agency requesting authority to compensate a reserve officer must provide the executive secretary with documentation of the absent law enforcement officer's military activation orders.
General Authority:
SDCL  23-3-35(1).
Law Implemented:
SDCL  23-3-35,  23-3-42.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:07 - Reserve law enforcement officers › Section 2:01:07:03.02 - Compensation of reserve law enforcement officers to respond to emergencies

Current through Register Vol. 51, page 10, July 15, 2024
The Emergency Adopted version of this section by 46 SDR 046, effective 4/27/2020 is not yet available.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:07 - Reserve law enforcement officers › Section 2:01:07:04 - Supervision

Current through Register Vol. 51, page 10, July 15, 2024
A reserve officer shall work under the direct supervision of a certified law enforcement officer, unless the reserve officer is certified pursuant to chapter 2:01:02, or has at least 320 hours of training and experience as a reserve officer and is authorized by the chief officer to work independently.
General Authority:
SDCL  23-3-35(1).
Law Implemented:
SDCL  23-3-27,  23-3-35,  23-3-42.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:07 - Reserve law enforcement officers › Section 2:01:07:05 - Power of arrest

Current through Register Vol. 51, page 10, July 15, 2024
A certified reserve law enforcement officer has the same power of arrest granted to a law enforcement officer pursuant to SDCL chapter 23A-3.
General Authority:
SDCL  23-3-35(1).
Law Implemented:
SDCL  23-3-27,  23-3-35,  23-3-42.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:08 - Reserve officer certification › Section 2:01:08:01 - Reserve officer certification

Current through Register Vol. 51, page 10, July 15, 2024
No person may serve as a reserve law enforcement officer without meeting the minimum standards set forth in chapter 2:01:02 and obtaining certification from the law enforcement standards and training commission as a reserve law enforcement officer.
General Authority:
SDCL  23-3-35(1).
Law Implemented:
SDCL  23-3-27,  23-3-35,  23-3-42.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:08 - Reserve officer certification › Section 2:01:08:02 - Time of certification

Current through Register Vol. 51, page 10, July 15, 2024
A reserve law enforcement officer appointed by an appointing authority has one year from the date of appointment to obtain certification from the commission as a reserve law enforcement officer.
General Authority:
SDCL  23-3-35(1).
Law Implemented:
SDCL  23-3-27,  23-3-35,  23-3-42.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:08 - Reserve officer certification › Section 2:01:08:03 - Required training program

Current through Register Vol. 51, page 10, July 15, 2024
No person may be certified as a reserve law enforcement officer or perform any duties as a reserve law enforcement officer until such person has satisfactorily completed a training program approved by the commission.
General Authority:
SDCL  23-3-35(1).
Law Implemented:
SDCL  23-3-27,  23-3-35,  23-3-39,  23-3-42.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:08 - Reserve officer certification › Section 2:01:08:04 - Contents of mandatory training program

Current through Register Vol. 51, page 10, July 15, 2024
The training program referred to in §
									2:01:08:03  shall consist of at least 100 hours of training by qualified instructors, with curriculum approved by the law enforcement standards and training commission in the following areas:
(1) Program administration;
(2) Police practices and procedures;
(3) Legal aspects;
(4) Human behavior; and
(5) Domestic violence.
General Authority:
SDCL  23-3-35(1).
Law Implemented:
SDCL  23-3-27,  23-3-35,  23-3-39,  23-3-42.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:08 - Reserve officer certification › Section 2:01:08:04.01 - Requirements for continuing education

Current through Register Vol. 51, page 10, July 15, 2024
To maintain certification, a reserve law enforcement officer must comply with the requirements of §
									2:01:06:17.
General Authority:
SDCL  23-3-35(1).
Law Implemented:
SDCL  23-3-27,  23-3-35,  23-3-39,  23-3-42.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:08 - Reserve officer certification › Section 2:01:08:05 - Transfer of certification credits not allowed

Current through Register Vol. 51, page 10, July 15, 2024
If a person certified as a reserve law enforcement officer desires to be certified as a law enforcement officer all the requirements of certification as a law enforcement officer must be met. No credit will be available for prior service or training as a reserve officer.
General Authority:
SDCL  23-3-35(1).
Law Implemented:
SDCL  23-3-27,  23-3-35,  23-3-42.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:08 - Reserve officer certification › Section 2:01:08:06 - Revocation of reserve law enforcement officer certification

Current through Register Vol. 51, page 10, July 15, 2024
The commission may revoke or suspend the certification of a reserve law enforcement officer for the same reasons as set forth in chapter 2:01:11, and using the same procedure as set forth is chapter 2:01:11.
General Authority:
SDCL  23-3-35(1).
Law Implemented:
SDCL  23-3-35,  23-3-42.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:09 - Reserve unit certification › Section 2:01:09:01 - Establishing reserve law enforcement officer units

Current through Register Vol. 51, page 10, July 15, 2024
A law enforcement agency may establish and maintain a reserve law enforcement officer unit only when certified by the commission to operate a reserve unit.
General Authority:
SDCL  23-3-35(1).
Law Implemented:
SDCL  23-3-27,  23-3-35,  23-3-42.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:09 - Reserve unit certification › Section 2:01:09:02 - Standards for certification

Current through Register Vol. 51, page 10, July 15, 2024
The commission shall certify a law enforcement agency to establish and maintain a reserve unit when the agency implements and maintains the training program required by §§
									2:01:08:03  and 2:01:08:04  and complies with the requirements of chapters 2:01:07, 2:01:08, and 2:01:09.
General Authority:
SDCL  23-3-35(1).
Law Implemented:
SDCL  23-3-27,  23-3-35,  23-3-42.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:09 - Reserve unit certification › Section 2:01:09:03 - Required duty hours

Current through Register Vol. 51, page 10, July 15, 2024
A reserve law enforcement officer shall perform a minimum of 96 hours of duty each calendar year, or proportionate share thereof when an appointment is for less than an entire calendar year. A reserve law enforcement officer failing to perform the minimum hours required in a year is inactive and may not perform further duty as a reserve law enforcement officer until recertified by the executive secretary. No reserve law enforcement officer may perform more than 40 hours of duty during any month except as made necessary by an emergency. The executive secretary of the commission may, upon written request of a law enforcement agency, authorize a reserve officer to perform more than 40 hours of duty during a month. Reportable duty hours are both hours worked in the performance of a reserve law enforcement officer and hours received in training as a reserve law enforcement officer.
General Authority:
SDCL  23-3-35(1).
Law Implemented:
SDCL  23-3-27,  23-3-35,  23-3-42.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:09 - Reserve unit certification › Section 2:01:09:03.01 - Waiver

Current through Register Vol. 51, page 10, July 15, 2024
The commission may waive the requirements of §
									2:01:09:03  for individual reserve law enforcement officers upon a finding that good cause exists for a waiver based on documentary evidence presented by a law enforcement agency that the reserve law enforcement officer was unable to meet the duty hours requirement because of the COVID-19 pandemic.
General Authority:
SDCL  23-3-35.
Law Implemented:
SDCL  23-3-26,  23-3-42.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:09 - Reserve unit certification › Section 2:01:09:04 - Required records

Current through Register Vol. 51, page 10, July 15, 2024
A law enforcement agency certified to establish and maintain a reserve law enforcement officer unit shall keep a record of training, duties, and hours on duty for each reserve law enforcement officer, on forms prescribed and furnished by the commission.
General Authority:
SDCL  23-3-35(1).
Law Implemented:
SDCL  23-3-27,  23-3-35,  23-3-42.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:09 - Reserve unit certification › Section 2:01:09:05 - Inspection of records

Current through Register Vol. 51, page 10, July 15, 2024
A law enforcement agency shall make the records required by §
									2:01:09:04  available for inspection and copying at the request of the commission.
General Authority:
SDCL  23-3-35(1).
Law Implemented:
SDCL  23-3-27,  23-3-35,  23-3-42.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:09 - Reserve unit certification › Section 2:01:09:07 - Revocation of unit certification

Current through Register Vol. 51, page 10, July 15, 2024
The commission may suspend or revoke the reserve unit certification of any law enforcement agency violating the provisions of chapters 2:01:07, 2:01:08, and 2:01:09.
General Authority:
SDCL  23-3-35(1).
Law Implemented:
SDCL  23-3-27,  23-3-35,  23-3-42.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:10 - Polygraph examiner licensing › Section 2:01:10:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms used in this chapter are defined as follows:
(1) "Commission," the law enforcement standards and training commission codified by SDCL  23-3-28 and  23-3-30;
(2) "Executive secretary," an agent of the division of criminal investigation appointed by the commission to serve as executive secretary to the commission;
(3) "Polygraph," an instrument which records permanently and simultaneously a subject's cardiovascular and respiratory patterns or other physiological changes pertinent to the detection of deception;
(4) "Polygraph examiner," a person who uses a polygraph to test or question individuals for the purpose of detecting deception.
General Authority:
SDCL  23-3-35(13).
Law Implemented:
SDCL  36-30-1.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:10 - Polygraph examiner licensing › Section 2:01:10:02 - Additional licensing requirements

Current through Register Vol. 51, page 10, July 15, 2024
In addition to the licensing requirements in SDCL  36-30-3, a person must be at least 21 years of age to receive a license as a polygraph examiner. The study requirements in SDCL  36-30-3(2)  may be satisfied by completion of at least 240 hours of study in the use of a polygraph in the detection of deception at a school certified by the American Polygraph Association or the American Association of Police Polygraphists. An applicant may not previously have had an examiner's license or its equivalent refused, revoked, suspended, or otherwise invalidated for any of the grounds listed in §
									2:01:10:05.
General Authority:
SDCL  23-3-35(13).
Law Implemented:
SDCL  36-30-2,  36-30-3.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:10 - Polygraph examiner licensing › Section 2:01:10:03 - License renewal or transfer

Current through Register Vol. 51, page 10, July 15, 2024
An examiner's license expires on December 31 of the third year after its issuance. The license may be renewed every three years upon payment of the required fee of $75. A license issued pursuant to this chapter is not assignable or transferable.
General Authority:
SDCL  23-3-35(13).
Law Implemented:
SDCL  36-30-3.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:10 - Polygraph examiner licensing › Section 2:01:10:04 - Reciprocity

Current through Register Vol. 51, page 10, July 15, 2024
An applicant who is a licensed polygraph examiner in another state or territory of the United States may be issued a license if he meets the following requirements:
(1) The requirements for a polygraph examiner in the other state or territory are substantially equivalent to the requirements of SDCL 36-30 and this chapter;
(2) The applicant has engaged in the administration of truth and deception examinations under the laws of the other state or territory for at least six months prior to the application for license;
(3) The other state or territory grants similar reciprocity to the license holders of this state;
(4) The applicant has paid the required $75 fee.
General Authority:
SDCL  23-3-35(13).
Law Implemented:
SDCL  36-30-3.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:10 - Polygraph examiner licensing › Section 2:01:10:05 - Reasons for denial, suspension, or revocation of license

Current through Register Vol. 51, page 10, July 15, 2024
The commission may deny, suspend, or revoke a license for any one or more of the following grounds after a hearing held in accordance with chapter 2:01:04:
(1) Failure to inform a subject to be examined of the nature of the examination;
(2) Failure to inform a subject to be examined that participation is voluntary;
(3) Asking questions during a polygraph examination regarding the examinee's sexual practices; labor union, political, or religious affiliations; or marital relationship, except when such questions have a bearing on the areas or issues under examination;
(4) Material misstatement in the application for the original license or in the application for a renewal of the license;
(5) Willfully making a false report concerning a polygraph examination;
(6) Conviction of a felony or of a crime involving moral turpitude, including, but not limited to, dishonesty, fraud, or unauthorized divulging or selling of information or evidence;
(7) Making a willful misrepresentation or false promise or causing to be printed a false or misleading advertisement for the purpose of directly or indirectly obtaining business;
(8) Having demonstrated incompetence to act as a polygraph examiner;
(9) Allowing a license under this act to be used by an unlicensed person;
(10) Willfully aiding or abetting another in the violation of SDCL 36-30 or this chapter;
(11) Adjudication of mental illness;
(12) Failure to provide information requested by the executive secretary as a result of a formal complaint in writing to the executive secretary or as a result of substantive information otherwise received by him which would indicate a violation of SDCL 36-30 or this chapter;
(13) Failing to inform the subject of the results of the examination if so required; or
(14) Willful disregard or violation of any of the provisions of SDCL 36-30 or this chapter.
General Authority:
SDCL  23-3-35(13).
Law Implemented:
SDCL  36-30-3.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:10 - Polygraph examiner licensing › Section 2:01:10:06 - Period of license suspension or revocation

Current through Register Vol. 51, page 10, July 15, 2024
If a license is suspended, it shall be suspended for a definite period of time, but not more than two years. If a license is revoked, it shall be revoked for not less than two years. A person who has had his license revoked for cause may apply to the commission for reinstatement two years after the license was revoked.
General Authority:
SDCL  23-3-35(13).
Law Implemented:
SDCL  36-30-3.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:10 - Polygraph examiner licensing › Section 2:01:10:07 - Surrender of license

Current through Register Vol. 51, page 10, July 15, 2024
The licensee shall surrender a revoked or suspended license to the executive secretary within 30 days after notice of revocation or suspension. If the licensee fails to do so, the executive secretary may seize the license.
General Authority:
SDCL  23-3-35(13).
Law Implemented:
SDCL  36-30-3.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:10 - Polygraph examiner licensing › Section 2:01:10:08 - Nonresident court compliance

Current through Register Vol. 51, page 10, July 15, 2024
An applicant for a license under SDCL 36-30 who is a nonresident of this state shall file a consent with the executive secretary stating that suits and actions may be commenced against the applicant in the proper court of any county of this state by service of process on the executive secretary. The nonresident applicant shall stipulate in the consent that service of process on the executive secretary shall be taken in all courts as valid and binding as if service has been made upon the applicant himself in the state. A duplicate of the process served on the executive secretary shall be immediately forwarded by registered mail to the main office of the applicant against whom the process is directed.
General Authority:
SDCL  23-3-35(13).
Law Implemented:
SDCL  36-30-3.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:11 - Revocation of law enforcement officer certification › Section 2:01:11:01 - Revocation or suspension of certification of law enforcement officer - executive secretary to report suspensions and revocations

Current through Register Vol. 51, page 10, July 15, 2024
The commission may revoke or suspend the certification of a law enforcement officer who: has been convicted of or received a suspended imposition of sentence for either a misdemeanor involving moral turpitude or a felony; has falsified any information required to obtain certification; has been discharged for cause from employment as a law enforcement officer; has failed to secure domestic abuse training required by SDCL  23-3-39.4; or has engaged in conduct unbecoming of a law enforcement officer. The executive secretary shall place on the National Decertification Index the officer's name concerning such revocation or suspension and supply, upon request from any other law enforcement agency, any investigative report regarding the conduct leading to the revocation or suspension.
General Authority:
SDCL  23-3-35(3),  23-3-42.
Law Implemented:
SDCL  23-3-39.4,  23-3-42.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:11 - Revocation of law enforcement officer certification › Section 2:01:11:02 - Moral turpitude

Current through Register Vol. 51, page 10, July 15, 2024
For the purposes of this chapter, "moral turpitude" has the same meaning as in SDCL  22-1-2(25).
General Authority:
DCL  23-3-35(3).
Law Implemented:
SDCL 23-3-35(3).
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:11 - Revocation of law enforcement officer certification › Section 2:01:11:03 - Procedure for obtaining a complaint form and filing a complaint requesting revocation of certification of law enforcement officer

Current through Register Vol. 51, page 10, July 15, 2024
A person believing that a violation of this chapter exists may request, either orally or in writing, a complaint form from the executive secretary. Within ten days after receiving the request, the executive secretary shall provide that person a complaint form approved by the commission. The complaint form may be provided by mail or by directing the person to an online complaint form.
The person submitting the complaint shall identify the law enforcement officer and state the relevant facts known to the complainant. The complainant must sign and verify the complaint to be true to the best of the complainant's knowledge, information, and belief. The complaint shall be filed with the executive secretary.
General Authority:
SDCL  23-3-35(3).
Law Implemented:
SDCL  23-3-35(3).
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:11 - Revocation of law enforcement officer certification › Section 2:01:11:04 - Investigation and dismissal of complaint

Current through Register Vol. 51, page 10, July 15, 2024
Upon the filing of a complaint, the executive secretary shall conduct an investigation of the allegations in the complaint, in accordance with the commission's internal operating procedures for complaints against certified law enforcement officers. In conjunction with an investigation, the executive secretary may require the law enforcement officer to undergo a psychological evaluation by a psychologist designated by the executive secretary to determine the officer's ability to perform the duties of a law enforcement officer. After the investigation is concluded, the executive secretary shall give notice of a contested case hearing under Chapter 1-26 or submit the complaint and any investigative report to a commission member. After examining the complaint and investigative report, the commission member must either request further investigation, direct the executive secretary to give notice of a contested case hearing, or the commission member may dismiss the complaint if it appears that the grounds alleged in the complaint are frivolous, clearly unfounded in fact, or in the opinion of the commission member, the appointing authority has adequately responded to the allegations in the complaint. If the commission member dismisses the complaint, such dismissal shall be reported to the commission at its next regularly scheduled meeting.
General Authority:
SDCL  23-3-35(3).
Law Implemented:
SDCL  23-3-35(3).
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:11 - Revocation of law enforcement officer certification › Section 2:01:11:06 - Hearing

Current through Register Vol. 51, page 10, July 15, 2024
The hearing on a complaint requesting the revocation or suspension of the certification of a law enforcement officer may be conducted, at the direction of the commission, by the full commission with the assistance of a hearing officer appointed by the chairman of the commission, or with the assistance of a hearing officer when less than a majority of the commission members are present. The commission may assign the contested case hearing to the Office of Hearing Examiners. The hearing shall be conducted pursuant to contested case procedure in SDCL chapter 1-26. The hearing shall be held in Pierre unless the commission designates otherwise.
General Authority:
SDCL  23-3-35(3).
Law Implemented:
SDCL  23-3-35(3).
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:11 - Revocation of law enforcement officer certification › Section 2:01:11:07 - Burden of proof

Current through Register Vol. 51, page 10, July 15, 2024
At a hearing on a complaint, the complainant has the burden of establishing grounds for the revocation or suspension through proof by clear and convincing evidence.
General Authority:
SDCL  23-3-35(3).
Law Implemented:
SDCL  23-3-35(3).
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:11 - Revocation of law enforcement officer certification › Section 2:01:11:08 - Application for reinstatement of certification

Current through Register Vol. 51, page 10, July 15, 2024
A person whose certification as a law enforcement officer has been revoked may, after one year, apply to the commission for reinstatement of certification.
General Authority:
SDCL  23-3-35(3).
Law Implemented:
SDCL  23-3-35(3).
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:11 - Revocation of law enforcement officer certification › Section 2:01:11:09 - Consent of decertification

Current through Register Vol. 51, page 10, July 15, 2024
A certified law enforcement officer who is subject to an investigation or pending action involving allegations of misconduct may consent to decertification. However, any ongoing investigation into allegations of misconduct will continue despite the consent to decertification.
A certified law enforcement officer who consents to decertification may, after one year, apply to the commission for reinstatement of certification. The executive secretary shall place on the National Decertification Index the officer's name concerning such decertification and supply, upon request from any other law enforcement agency, any investigative report regarding the conduct leading to decertification.
General Authority:
SDCL  23-3-42.
Law Implemented:
SDCL  23-3-42.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:11 - Revocation of law enforcement officer certification › Section 2:01:11:10 - Conduct unbecoming of a law enforcement officer

Current through Register Vol. 51, page 10, July 15, 2024
For the purpose of this chapter, "conduct unbecoming of a law enforcement officer" means the following:
(1) Conduct contrary to professional standards that shows an unfitness to discharge duties, or including an act of moral turpitude;
(2) Conduct which adversely affects morale or efficiency of the force or damages public confidence;
(3) Failing to cooperate with the executive secretary or the commission regarding any investigation into the conduct of a law enforcement officer, unless the investigation subjects the officer to potential criminal liability;
(4) Failing to disclose to the executive secretary any arrest of the law enforcement officer within ten days from the arrest; disclosure to the executive secretary may be accomplished by the officer's agency administrator;
(5) Failing to intervene when a fellow officer is subjecting a person to excessive force, while having a realistic opportunity to take reasonable steps to prevent harm from occurring; an officer must report such intervention to the executive secretary within five days; disclosure to the executive secretary may be accomplished by the officer's agency administrator;
(6) Use or possession of marijuana or any marijuana derivative regardless of whether such use or possession may be legal under state law or pursuant to a valid prescription; or
(7) Use or possession of any controlled substance not obtained pursuant to a valid prescription.
General Authority:
SDCL  23-3-35(3).
Law Implemented:
SDCL  23-3-35(3).
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:12 - Computer voice stress analyzer examiner licensing › Section 2:01:12:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terais used in this chapter are defined as follows:
(1) "Commission," the law enforcement standards and training commission codified by SDCL  23-3-28 and  23-3-30:
(2) "Executive secretary," an agent of the division of criminal investigation appointed by the commission to serve as executive secretary to the commission;
(3) "Computer Voice Stress Analyzer" or "CVSA," an instrument that detects, measures, and displays changes in voice frequency, which can be recorded permanently and simultaneously;
(4) "CVSA Examiner," a person who uses a Computer Voice Stress Analyzer to question individuals for the purpose of detecting deception.
General Authority:
SDCL  23-3-35(13).
Law Implemented:
SDCL  23-3-35.3.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:12 - Computer voice stress analyzer examiner licensing › Section 2:01:12:02 - Additional licensing requirements

Current through Register Vol. 51, page 10, July 15, 2024
In addition to the licensing requirements in SDCL  23-3-35.3, a person must be at least 21 years of age to receive a license as a CVSA examiner. The study requirements in SDCL  23-3-35.3(2)  must be completed at a school or program approved by the executive secretary. An applicant may not previously have had an examiner's license or its equivalent refused, revoked, suspended, or otherwise invalidated for any of the grounds listed in these rules. An applicant may not previously have had certification as a law enforcement officer refused, revoked, suspended, or otherwise invalidated for any of the grounds listed in chapter 2:01:11.
General Authority:
SDCL  23-3-35(13).
Law Implemented:
SDCL  23-3-35.3.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:12 - Computer voice stress analyzer examiner licensing › Section 2:01:12:03 - License renewal or transfer

Current through Register Vol. 51, page 10, July 15, 2024
An examiner's license is for a term of three years. The license expires on December 31 of the last year that is not more than three years after its issuance. The license may be renewed upon payment of the required fee of $75. A license issued pursuant to this chapter is not assignable or transferable.
General Authority:
SDCL  23-3-35(13).
Law Implemented:
SDCL  23-3-35.3.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:12 - Computer voice stress analyzer examiner licensing › Section 2:01:12:04 - Reciprocity

Current through Register Vol. 51, page 10, July 15, 2024
An applicant who is a licensed CVSA examiner in another state or territory of the United States may be issued a license if he meets the following requirements:
(1) The requirements for a CVSA examiner in the other state or territory are substantially equivalent to the requirements of SDCL chapter 23-3 and this chapter;
(2) The applicant has engaged in the administration of truth and deception examinations under the laws of the other state or territory for at least six months prior to the application for license;
(3) The other state or territory grants similar reciprocity to the license holders of this state;
(4) The applicant has paid the required $75 fee.
General Authority:
SDCL  23-3-35(13).
Law Implemented:
SDCL  23-3-35.3.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:12 - Computer voice stress analyzer examiner licensing › Section 2:01:12:05 - Reasons for denial, suspension, or revocation of license

Current through Register Vol. 51, page 10, July 15, 2024
The commission may deny, suspend, or revoke a license for any one or more of the following grounds after a hearing held in accordance with chapter 2:01:04:
(1) Failure to inform a subject to be examined of the nature of the examination;
(2) Failure to inform a subject to be examined that participation is voluntary;
(3) Asking questions during a CVSA examination regarding the examinee's sexual practices; labor union, political, or religious affiliations; or marital relationship, except when such questions have a bearing on the areas or issues under examination;
(4) Material misstatement in the application for the original license or in the application for a renewal of the license;
(5) Willfully making a false report concerning a CVSA examination;
(6) Conviction of a felony or of a crime involving moral turpitude, including, but not limited to, dishonesty, fraud, or unauthorized divulging or selling of information or evidence;
(7) Making a willful misrepresentation or false promise or causing to be printed a false or misleading advertisement for the purpose of directly or indirectly obtaining business;
(8) Having demonstrated incompetence to act as a CVSA examiner;
(9) Allowing a license under this act to be used by an unlicensed person;
(10) Willfully aiding or abetting another in the violation of SDCL chapter 23-3 or this chapter;
(11) Adjudication of mental illness;
(12) Failure to provide information requested by the executive secretary as a result of a formal complaint in writing to the executive secretary or as a result of substantive information otherwise received by him which would indicate a violation of SDCL chapter 23-3 or this chapter;
(13) Failing to inform the subject of the results of the examination if so required; or
(14) Willful disregard or violation of any of the provisions of SDCL chapter 23-3 or this chapter.
General Authority:
SDCL  23-3-35(13).
Law Implemented:
SDCL  23-3-35.3.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:12 - Computer voice stress analyzer examiner licensing › Section 2:01:12:06 - Period of license suspension or revocation

Current through Register Vol. 51, page 10, July 15, 2024
If a license is suspended, it shall be suspended for a definite period of time, but not more than two years. If a license is revoked, it shall be revoked for not less than two years. A person who has had his license revoked for cause may apply to the commission for reinstatement two years after the license was revoked.
General Authority:
SDCL  23-3-35(13).
Law Implemented:
SDCL  23-3-35.3.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:12 - Computer voice stress analyzer examiner licensing › Section 2:01:12:07 - Surrender of license

Current through Register Vol. 51, page 10, July 15, 2024
The licensee shall surrender a revoked or suspended license to the executive secretary within 30 days after notice of revocation or suspension. If the licensee fails to do so, the executive secretary may seize the license.
General Authority:
SDCL  23-3-35(13).
Law Implemented:
SDCL  23-3-35.3.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:12 - Computer voice stress analyzer examiner licensing › Section 2:01:12:08 - Nonresident court compliance

Current through Register Vol. 51, page 10, July 15, 2024
An applicant for a license under SDCL chapter 23-3 who is a nonresident of this state shall file a consent with the executive secretary stating that suits and actions may be commenced against the applicant in the proper court of any county of this state by service of process on the executive secretary. The nonresident applicant shall stipulate in the consent that service of process on the executive secretary shall be taken in all courts as valid and binding as if service has been made upon the applicant himself in the state. A duplicate of the process served on the executive secretary shall be immediately forwarded by registered mail to the main office of the applicant against whom the process is directed.
General Authority:
SDCL  23-3-35(13).
Law Implemented:
SDCL  23-3-35.3.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:13 - Police canine team certification › Section 2:01:13:02.01 - Certificate of qualification

Current through Register Vol. 51, page 10, July 15, 2024
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.
General Authority:
SDCL  23-3-35(1)(14).
Law Implemented:
SDCL  23-3-35.4,  23-3-35.5.