reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:13 - Police canine team certification › Section 2:01:13:03 - Standards for certification as an accelerant detection canine team

Current through Register Vol. 51, page 10, July 15, 2024
An accelerant detection canine team may be certified only upon:
(1) Successful completion of a training program that is approved and administered by the BATF for Accelerant Detection Canine Certification; and
(2) Certification by the BATF as a certified Accelerant Detection Canine Team.
General Authority:
SDCL  23-3-35(1)(14).
Law Implemented:
SDCL  23-3-35.4,  23-3-35.5.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:13 - Police canine team certification › Section 2:01:13:04 - Expiration of certification as an accelerant detection canine team

Current through Register Vol. 51, page 10, July 15, 2024
Unless renewed, certification as an accelerant detection canine team expires one year and thirty days after the date all certification or recertification standards were last met.
General Authority:
SDCL  23-3-35(1)(14).
Law Implemented:
SDCL  23-3-35.4,  23-3-35.5.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:13 - Police canine team certification › Section 2:01:13:05 - Standards for certification as a drug detection canine team

Current through Register Vol. 51, page 10, July 15, 2024
A drug detection canine team may be certified by the commission only upon the successful completion of the commission's training program that is administered by Law Enforcement Training which consists of a minimum 240-hour curriculum of training which includes the following subject areas:
(a) Drug detector dog handling;
(b) Daily care, maintenance, and first aid;
(c) Obedience and safety skills;
(d) Packaging and smuggling;
(e) Activity logs; and
(f) Statutes and caselaw.
General Authority:
SDCL  23-3-35(1)(14).
Law Implemented:
SDCL  23-3-35.4,  23-3-35.5.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:13 - Police canine team certification › Section 2:01:13:05.01 - Standards for certification as an explosive detection canine team

Current through Register Vol. 51, page 10, July 15, 2024
An explosive detection canine team may be certified by the commission only upon the successful completion of the commission's training program that is administered by Law Enforcement Training which consists of a minimum 320-hour curriculum of training which includes the following subject areas:
(a) Explosive detector dog handling;
(b) Daily care, maintenance, and first aid;
(c) Obedience and safety skills;
(d) Packaging and smuggling;
(e) Activity logs; and
(f) Statutes and caselaw.
General Authority:
SDCL  23-3-35(1)(14).
Law Implemented:
SDCL  23-3-35.4,  23-3-35.5.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:13 - Police canine team certification › Section 2:01:13:06 - Standards for certification as a patrol canine team

Current through Register Vol. 51, page 10, July 15, 2024
A patrol canine team may be certified by the commission only upon the successful completion of the commission's training program that is administered by Law Enforcement Training which consists of a minimum 240-hour curriculum of training which includes the following subject areas:
(a) Patrol dog handling;
(b) Daily care, maintenance, and first aid;
(c) Obedience and safety skills;
(d) Apprehension and deployment;
(e) Patrol dog use of force;
(f) Records and activity logs; and
(g) Statutes and caselaw.
General Authority:
SDCL  23-3-35(1)(14).
Law Implemented:
SDCL  23-3-35.4,  23-3-35.5.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:13 - Police canine team certification › Section 2:01:13:06.01 - Standards for certification as a corrections canine team

Current through Register Vol. 51, page 10, July 15, 2024
A canine team may be certified as a corrections canine team by the commission only upon:
(1) Successful completion of a training program that is administered by the Department of Corrections for correction canine teams to search for any article which is unlawful for an inmate to possess pursuant to state law or the rules of the Department of Correction; and
(2) Certification by the Department of Corrections as a certified corrections canine team.
General Authority:
SDCL  23-3-35(1)(14).
Law Implemented:
SDCL  23-3-35.4,  23-3-35.5.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:13 - Police canine team certification › Section 2:01:13:07 - Expiration of certification as a drug detection, explosive detection, patrol, or corrections canine team

Current through Register Vol. 51, page 10, July 15, 2024
Unless renewed, certification as a drug detection, explosive detection, patrol, or corrections canine team expires one year and thirty days after the date all certification or recertification standards were last met.
General Authority:
SDCL  23-3-35(1)(14),  23-3-35.5.
Law Implemented:
SDCL  23-3-35.4,  23-3-35.5.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:13 - Police canine team certification › Section 2:01:13:08 - Standards for certification as a scent discriminatory canine team

Current through Register Vol. 51, page 10, July 15, 2024
A scent discriminatory canine team may be certified only upon being certified by the INBTI as a Scent Discriminatory Tracking Canine Team.
General Authority:
SDCL  23-3-35(1)(14),  23-3-35.5.
Law Implemented:
SDCL  23-3-35.4,  23-3-35.5.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:13 - Police canine team certification › Section 2:01:13:09 - Expiration of certification to act as a scent discriminatory canine team

Current through Register Vol. 51, page 10, July 15, 2024
Unless renewed, certification as a scent discriminatory canine team expires one year and thirty days after the date all certification or recertification standards were last met.
General Authority:
SDCL  23-3-35(1)(14).
Law Implemented:
SDCL  23-3-35.4,  23-3-35.5.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:13 - Police canine team certification › Section 2:01:13:10 - Renewal of certification as a canine team

Current through Register Vol. 51, page 10, July 15, 2024
A canine team may renew its certification, at any time prior to its expiration, by successfully completing the recertification standards established by the certifying organization.
General Authority:
SDCL  23-3-35(1)(14).
Law Implemented:
SDCL  23-3-35.4,  23-3-35.5.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:13 - Police canine team certification › Section 2:01:13:11 - Training records maintained by canine handlers

Current through Register Vol. 51, page 10, July 15, 2024
A canine handler shall maintain records indicating:
(1) The name and title of the canine handler;
(2) The name and address of the agency employing and designating the handler as a canine handler; and
(3) Any training and use of the canine.
General Authority:
SDCL  23-3-35(1)(14).
Law Implemented:
SDCL  23-3-35.4,  23-3-35.5.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:13 - Police canine team certification › Section 2:01:13:12 - Training records maintained by commission

Current through Register Vol. 51, page 10, July 15, 2024
The commission, through the office of law enforcement training, shall maintain records as follows:
(1) Applications requesting certification or recertification of canine teams; and
(2) Records indicating the issuance or denial of certification or recertification.
General Authority:
SDCL  23-3-35(1)(14).
Law Implemented:
SDCL  23-3-35.4,  23-3-35.5.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:13 - Police canine team certification › Section 2:01:13:13 - Forms

Current through Register Vol. 51, page 10, July 15, 2024
The form of all applications, evaluations, and related documents shall be prescribed by the commission. The forms may require applicants to provide information to identify the applicant, canine team, and the performance of the canine or canine team in the field or as a part of an evaluation.
General Authority:
SDCL  23-3-35(1)(14).
Law Implemented:
SDCL  23-3-35.4,  23-3-35.5.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:13 - Police canine team certification › Section 2:01:13:14 - Request for certification of canine team

Current through Register Vol. 51, page 10, July 15, 2024
A law enforcement agency shall apply to the commission for issuance of certification for a canine team.
General Authority:
SDCL  23-3-35(1)(14).
Law Implemented:
SDCL  23-3-35.4,  23-3-35.5.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:13 - Police canine team certification › Section 2:01:13:15 - Change in eligibility of canine team

Current through Register Vol. 51, page 10, July 15, 2024
A law enforcement agency shall provide the office of law enforcement training with written notification within thirty days of any change in the status of a canine team to the extent the change affects the canine team's eligibility for certification or recertification.
General Authority:
SDCL  23-3-35(1)(14).
Law Implemented:
SDCL  23-3-35.4,  23-3-35.5.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:13 - Police canine team certification › Section 2:01:13:18 - Revocation or suspension of certification or authorization

Current through Register Vol. 51, page 10, July 15, 2024
The commission may revolte or suspend the certification of any canine team if the team violates any state law or rule of the commission. The canine team may, after one year, apply to the commission for reinstatement of certification.
General Authority:
SDCL  23-3-35(1)(14).
Law Implemented:
SDCL  23-3-35.4,  23-3-35.5.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:13 - Police canine team certification › Section 2:01:13:19 - Reciprocity

Current through Register Vol. 51, page 10, July 15, 2024
The commission may waive all or any portion of the training program requirement of §
									2:01:13:05, 2:01:13:05.01, and 2:01:13:06 upon formal application of a canine team requesting the waiver and a showing that the canine team to be exempted from the training program has completed a course of equivalent content and quality in another jurisdiction no more than one year previous to the date of the application or has been employed within the previous one year as a canine team in another jurisdiction and has completed a course of equivalent content and quality. The executive secretary, through the office of law enforcement training, may administer to the canine team an examination to determine the canine team's state of competence. Upon completion of the evaluation, the commission shall issue the canine team a certificate or shall notify the canine team of the training to be completed before the canine team can be certified. After the canine team successfully completes the required training the commission shall issue the canine team a certificate.
General Authority:
SDCL  23-3-35(1)(14).
Law Implemented:
SDCL  23-3-35.4,  23-3-35.5.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:13 - Police canine team certification › Section 2:01:13:20 - Waiver

Current through Register Vol. 51, page 10, July 15, 2024
The commission may waive all or any portion of the training program requirement of §
									2:01:13:05, 2:01:13:05.01, and 2:01:13:06 upon formal application of a canine team requesting the waiver and a showing that the police service dog and canine handler were both previously certified as a separate canine team. The executive secretary, through the office of law enforcement training, may administer to the canine team an examination to determine the canine team's state of competence. Upon completion of the evaluation, the commission shall issue the canine team a certificate or shall notify the canine team of the training to be completed before the canine team can be certified. After the canine team successfully completes the required training the commission shall issue the canine team a certificate.
General Authority:
SDCL  23-3-35(1)(14).
Law Implemented:
SDCL  23-3-35.4,  23-3-35.5.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:13 - Police canine team certification › Section 2:01:13:20.01 - Certification expiration extension

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 2:01:15 - School sentinel minimum standards › Section 2:01:15:01 - Minimum standards for school sentinel training

Current through Register Vol. 51, page 10, July 15, 2024
The school board may submit a person for school sentinel training only if the person meets the following requirements:
(1) Is a citizen of the United States;
(2) Is at least 21 years of age at time of appointment;
(3) Has fingerprints taken by a qualified law enforcement officer;
(4) Is of good moral character;
(5) Is a graduate of an accredited high school or has a high school equivalency certificate acceptable to the commission;
(6) Is examined by a licensed physician who certifies, on forms prescribed by the commission, that the applicant is able to perform the duties of a school sentinel;
(7) Is interviewed in person by the school board or its designee and approved by the school board to apply to the school sentinel basic training course;
(8) Has received written approval to apply to the school sentinel basic training course by all local law enforcement agencies with jurisdiction over the school premises in which the individual will act as a school sentinel;
(9) Has not unlawfully used any prescribed drug, controlled substance, or marijuana within one year before the time of application for training; and
(10) Has a valid concealed weapons permit.
General Authority:
SDCL  23-3-35(16).
Law Implemented:
SDCL  23-3-35(16).
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:15 - School sentinel minimum standards › Section 2:01:15:02 - Submission of school sentinel training application

Current through Register Vol. 51, page 10, July 15, 2024
To submit an individual for the school sentinel basic training course, the local school board shall complete the school sentinel training application provided by the law enforcement training office and return the application with two sets of the fingerprint cards required by subdivision 2:01:15:01(3).
General Authority:
SDCL  23-3-35(16).
Law Implemented:
SDCL  23-3-35(16).
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:15 - School sentinel minimum standards › Section 2:01:15:02.01 - Refusal of school sentinel training application

Current through Register Vol. 51, page 10, July 15, 2024
The executive secretary. for good cause, may refuse the application of any individual seeking to enroll in the school sentinel training program. Good cause includes failure to meet standards promulgated in §
									2:01:15:01, misrepresenting, falsifying, or omitting material information in one's training application, and being barred from possessing firearms pursuant to SDCL chapter 22-14 or federal law. A school board may resubmit an application for an individual whose application has been refused after one year.
General Authority:
SDCL  23-3-35(16).
Law Implemented:
SDCL  23-3-35(16).
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:15 - School sentinel minimum standards › Section 2:01:15:03 - Filing of fingerprints

Current through Register Vol. 51, page 10, July 15, 2024
An applicant's fingerprints taken under subdivision 2:01:15:01(3) may be distributed to local, state, and national fingerprint files to disclose if the applicant has a criminal record.
General Authority:
SDCL  23-3-35(16).
Law Implemented:
SDCL  23-3-35(16).
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:15 - School sentinel minimum standards › Section 2:01:15:04 - Reapplication for training as a school sentinel

Current through Register Vol. 51, page 10, July 15, 2024
A school board may resubmit an application for an individual who has failed to successfully complete the school sentinel basic sentinel training course, or has been dismissed from the program under §
									2:01:16:09, after one year.
General Authority:
SDCL  23-3-35(16).
Law Implemented:
SDCL  23-3-35(16).
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:15 - School sentinel minimum standards › Section 2:01:15:05 - Expiration of training

Current through Register Vol. 51, page 10, July 15, 2024
A school sentinel's training certificate of completion issued under §
									2:01:16:01  becomes inactive on the last day of the twelfth calendar month following the issuance date on the certificate, unless the school sentinel completes the continuing educational requirements in §§
									2:01:16:10  and 2:01:16:11. An inactive certification expires two years after becoming inactive.
General Authority:
SDCL  23-3-35(16).
Law Implemented:
SDCL  23-3-35(16).
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:16 - School sentinel training program › Section 2:01:16:01 - Certification of completion

Current through Register Vol. 51, page 10, July 15, 2024
Upon successful completion of the basic training course required by this chapter, the law enforcement training office shall issue a certificate indicating that the individual successfully completed the school sentinel basic training course.
General Authority:
SDCL  23-3-35(16).
Law Implemented:
SDCL  23-3-35(16).
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:16 - School sentinel training program › Section 2:01:16:02 - Approved basic training course

Current through Register Vol. 51, page 10, July 15, 2024
The basic training course for a school sentinel consists of a curriculum of at least 80 hours of training and includes the following subject areas:
(1) Firearms proficiency;
(2) Use of force;
(3) Legal aspects;
(4) Weapons retention;
(5) Weapons storage;
(6) Identifying protocol for identifying sentinel; and
(7) First aid.
General Authority:
SDCL  23-3-35(16).
Law Implemented:
SDCL  23-3-35(16).
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:16 - School sentinel training program › Section 2:01:16:03 - Successful completion of training course

Current through Register Vol. 51, page 10, July 15, 2024
An applicant, to successfully complete the basic training course, must receive a passing score on all written and skills examinations administered in connection with the course. The executive secretary, at the direction of the commission, shall establish rules of internal management setting forth the passing score for each examination. The executive secretary shall, prior to the commencement of the training course, notify applicants of the level of performance that constitutes a passing score for each examination. An applicant may retake the examination within seven days of failing. An applicant may not take an examination more than twice. The executive secretary may, for cause, allow an applicant to retake an examination at other times.
General Authority:
SDCL  23-3-35(16).
Law Implemented:
SDCL  23-3-35(16).
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:16 - School sentinel training program › Section 2:01:16:04 - Minimum class size

Current through Register Vol. 51, page 10, July 15, 2024
Unless otherwise waived by the commission, upon good cause as shown by a school board, the school sentinel basic training course must consist of at least five individuals.
General Authority:
SDCL  23-3-35(16).
Law Implemented:
SDCL  23-3-35(16).
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:16 - School sentinel training program › Section 2:01:16:05 - Time course is conducted

Current through Register Vol. 51, page 10, July 15, 2024
The school sentinel basic training course shall commence at the time the executive secretary deems appropriate.
General Authority:
SDCL  23-3-35(16).
Law Implemented:
SDCL  23-3-35(16).
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:16 - School sentinel training program › Section 2:01:16:06 - Place of training

Current through Register Vol. 51, page 10, July 15, 2024
Unless otherwise stated by the executive secretary, the school sentinel basic training course is conducted at the criminal justice training center in Pierre, South Dakota.
General Authority:
SDCL  23-3-35(16).
Law Implemented:
SDCL  23-3-35(16).
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:16 - School sentinel training program › Section 2:01:16:07 - Basic training course fees

Current through Register Vol. 51, page 10, July 15, 2024
The commission may establish reasonable and necessary fees for the school sentinel basic training course. The fees are to provide money to meet budgetary needs related to the school sentinel basic training course for such things as salaries and benefits, supplies, and testing.
General Authority:
SDCL  23-3-35(16).
Law Implemented:
SDCL  23-3-35(16).
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:16 - School sentinel training program › Section 2:01:16:08 - 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 individuals and efficient operation of the school sentinel basic training course. Individuals must comply with such restrictions and rules as set forth by the executive secretary in the basic training course student handbook, or such other specific directives as the executive secretary may issue.
General Authority:
SDCL  23-3-35(16).
Law Implemented:
SDCL  23-3-35(16).
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:16 - School sentinel training program › Section 2:01:16:09 - Dismissal

Current through Register Vol. 51, page 10, July 15, 2024
The executive secretary may dismiss, from the school sentinel basic training course, any person who violates any restrictions or rule established by the executive secretary to administer or maintain order during the basic training course.
General Authority:
SDCL  23-3-35(16).
Law Implemented:
SDCL  23-3-35(16).
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:16 - School sentinel training program › Section 2:01:16:10 - Basic requirement for continuing education of school sentinel

Current through Register Vol. 51, page 10, July 15, 2024
To maintain training as a school sentinel beyond twelve months from the date on the certificate, a school sentinel must complete eight hours of annual training in the following areas:
(1) Annual firearms requalification as provided in §
									2:01:16:11; and
(2) Continuing education to include completion of courses sponsored by law enforcement training or courses approved and documented by the school sentinel's school board in subject areas listed in §
									2:01:16:02.
The training hours are calculated annually. A written report containing the name of school sentinel, signed by the school board chair or designee, certifying that the school sentinel has successfully completed the continuing educational requirements and firearms requalification, shall be submitted by the local school board to the executive secretary no later than January 25th of each year following the original certification date. The local school board shall maintain training records and make them available for inspection by the commission, through the office of law enforcement training.
General Authority:
SDCL  23-3-35(16).
Law Implemented:
SDCL  23-3-35(16).
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:16 - School sentinel training program › Section 2:01:16:11 - Firearm requalification

Current through Register Vol. 51, page 10, July 15, 2024
Each school sentinel shall requalify with the school sentinel's duty handgun each 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. A certified shooting course is a course approved by the commission. A school sentinel may not qualify or requalify on a noncertified course. A school sentinel must obtain a passing score of at least 75 percent.
General Authority:
SDCL  23-3-35(16).
Law Implemented:
SDCL  23-3-35(16).
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:17 - Enhanced concealed pistol use of force training program minimum standards › Section 2:01:17:01 - Minimum standards for use of force course

Current through Register Vol. 51, page 10, July 15, 2024
A person may attend the use of force course only if the person meets the following requirements:
(1) Is currently certified as a National Rifle Association handgun instructor;
(2) Has a valid South Dakota concealed weapons permit or is a current or retired law enforcement officer in good standing;
(3) Has fingerprints taken by a qualified law enforcement agency; and
(4) Is of good moral character.
General Authority:
SDCL  23-7-59.
Law Implemented:
SDCL  23-7-59.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:17 - Enhanced concealed pistol use of force training program minimum standards › Section 2:01:17:02 - Submission of use of force training application

Current through Register Vol. 51, page 10, July 15, 2024
An applicant to the use of force training course shall complete the use of force training course application provided by the law enforcement training office and return the application with two sets of the fingerprint cards required by subdivision 2:01:17:01(3).
General Authority:
SDCL  23-7-59.
Law Implemented:
SDCL  23-7-59.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:17 - Enhanced concealed pistol use of force training program minimum standards › Section 2:01:17:03 - Filing of fingerprints

Current through Register Vol. 51, page 10, July 15, 2024
An applicant's fingerprints taken under subdivision 2:01:17:01(3) may be distributed to local, state, and national fingerprint files to disclose if the applicant has a criminal record.
General Authority:
SDCL  23-7-59.
Law Implemented:
SDCL  23-7-59.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:17 - Enhanced concealed pistol use of force training program minimum standards › Section 2:01:17:04 - Reapplication for use of force training course

Current through Register Vol. 51, page 10, July 15, 2024
An applicant who has failed to successfully complete the use of force training course, or has been dismissed from the program under §
									2:01:18:08, may reapply after one year.
General Authority:
SDCL  23-7-59.
Law Implemented:
SDCL  23-7-59.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:17 - Enhanced concealed pistol use of force training program minimum standards › Section 2:01:17:05 - Expiration of training

Current through Register Vol. 51, page 10, July 15, 2024
The use of force training certificate of completion issued under §
									2:01:18:01  expires on the last day of the twenty-fourth calendar month on the certificate of completion.
General Authority:
SDCL  23-7-59.
Law Implemented:
SDCL  23-7-59.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:18 - Enhanced concealed pistol use of force training program › Section 2:01:18:01 - Certificate of completion

Current through Register Vol. 51, page 10, July 15, 2024
Upon successful completion of the training course required by this chapter, the law enforcement training office shall issue a certificate indicating that the individual successfully completed the use of force training course.
General Authority:
SDCL  23-7-59.
Law Implemented:
SDCL  23-7-59.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:18 - Enhanced concealed pistol use of force training program › Section 2:01:18:02 - Approved training course

Current through Register Vol. 51, page 10, July 15, 2024
The use of force training course shall consist of a curriculum of at least eight hours of training and includes the following subject areas:
(1) Use of force; and
(2) Legal aspects.
General Authority:
SDCL  23-7-59.
Law Implemented:
SDCL  23-7-59.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:18 - Enhanced concealed pistol use of force training program › Section 2:01:18:03 - Successful completion of training course

Current through Register Vol. 51, page 10, July 15, 2024
An applicant, to successfully complete the use of force training course, must receive a passing score on all written and skills examinations administered in connection with the course. The executive secretary, at the direction of the commission, shall establish rules of internal management setting forth the passing score for each examination. The executive secretary shall, prior to the commencement of the training course, notify applicants of the level of performance that constitutes a passing score for each examination. An applicant may retake the examination within seven days of failing. An applicant may not take an examination more than twice. The executive secretary may, for cause, allow an applicant to retake an examination at other times.
General Authority:
SDCL  23-7-59.
Law Implemented:
SDCL  23-7-59.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:18 - Enhanced concealed pistol use of force training program › Section 2:01:18:04 - Time course is conducted

Current through Register Vol. 51, page 10, July 15, 2024
The use of force training course shall commence at the time the executive secretary deems appropriate, but at least once per year.
General Authority:
SDCL  23-7-59.
Law Implemented:
SDCL  23-7-59.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:18 - Enhanced concealed pistol use of force training program › Section 2:01:18:05 - Place of training

Current through Register Vol. 51, page 10, July 15, 2024
Unless otherwise stated by the executive secretary, the use of force training course is conducted at the criminal justice training center in Pierre, South Dakota.
General Authority:
SDCL  23-7-59.
Law Implemented:
SDCL  23-7-59.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:18 - Enhanced concealed pistol use of force training program › Section 2:01:18:06 - Training course fee

Current through Register Vol. 51, page 10, July 15, 2024
An applicant attending the use of force training course shall pay Law Enforcement Training a $150.00 fee.
General Authority:
SDCL  23-7-59.
Law Implemented:
SDCL  23-7-59.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:18 - Enhanced concealed pistol use of force training program › Section 2:01:18:07 - Discipline during training course

Current through Register Vol. 51, page 10, July 15, 2024
The executive secretary may enforce restrictions and rules of internal management as necessary to maintain the orderly instruction of individuals and efficient operation of the use of force training course. Individuals must comply with such restrictions and rules as set forth by the executive secretary in the basic training course student handbook, or such other specific directives as the executive secretary may issue.
General Authority:
SDCL  23-7-59.
Law Implemented:
SDCL  23-7-59.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:18 - Enhanced concealed pistol use of force training program › Section 2:01:18:08 - Dismissal

Current through Register Vol. 51, page 10, July 15, 2024
The executive secretary may dismiss, from the use of force training course, any person who violates any restrictions or rule established by the executive secretary to administer or maintain order during the training course.
General Authority:
SDCL  23-7-59.
Law Implemented:
SDCL  23-7-59.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:02 - Bureau of criminal statistics › Chapter 2:02:01 - General provisions › Section 2:02:01:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Words used in this article, unless the context plainly requires otherwise, mean:
(1) "Criminal history record information," information collected by criminal justice agencies on individuals consisting of identifiable descriptions and notations of arrests, detentions, indictments, informations, or other formal criminal charges, and any disposition arising therefrom, sentencing, correctional supervision, and release. The term does not include identification information such as fingerprint records to the extent that such information does not indicate involvement of the individual in the criminal justice system;
(2) "Criminal justice agency," a governmental agency or subunit which performs any of the following activities: collection and dissemination of criminal history records information, detection, apprehension, detention, pre-trial release, post-trial release, prosecution, adjudication, correctional supervision or rehabilitation of persons accused of or convicted of a criminal offense;
(3) "Director," the director of the bureau of criminal statistics as defined in SDCL  23-6-2;
(4) "State registry," the registry of criminal history record information maintained pursuant to § 23-3-16 and Chapters 23-5 and 23-6 of the South Dakota Codified Laws.
General Authority:
SDCL  23-5-1,  23-5-2,  23-6-2,  1-26-1(7).
Law Implemented:
SDCL  23-5-1,  23-5-2,  23-6-2,  23-6-4 to  23-6-6.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:02 - Bureau of criminal statistics › Chapter 2:02:01 - General provisions › Section 2:02:01:02 - Scope of applicability

Current through Register Vol. 51, page 10, July 15, 2024
The provisions of this article apply only to the criminal history record information kept in the state registry by the division of criminal investigation pursuant to § 23-3-16 and Chapters 23-5 and 23-6 of the South Dakota Codified Laws.
General Authority:
SDCL  23-5-1,  23-5-2,  23-6-2,  1-26-1(7).
Law Implemented:
SDCL  23-5-1,  23-5-2,  23-6-2,  23-6-4 to  23-6-6.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:02 - Bureau of criminal statistics › Chapter 2:02:02 - Completeness and accuracy of records › Section 2:02:02:01 - Completeness and accuracy of records

Current through Register Vol. 51, page 10, July 15, 2024
Criminal history record information maintained in the state registry shall be complete and accurate and if the registry contains information that an individual has been arrested, the registry shall also include information of any disposition in South Dakota which has occurred in regard to the particular case and individual, within ninety days after the disposition has occurred.
General Authority:
SDCL  23-5-1,  23-5-2,  23-6-2,  1-26-1(7).
Law Implemented:
SDCL  23-5-1,  23-5-2,  23-6-2,  23-6-4 to  23-6-6.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:02 - Bureau of criminal statistics › Chapter 2:02:02 - Completeness and accuracy of records › Section 2:02:02:02 - Retroactive applicability

Current through Register Vol. 51, page 10, July 15, 2024
Section 2:02:02:01 shall apply to all arrests made after March 19, 1976.
General Authority:
SDCL  23-5-1,  23-5-2,  23-6-2,  1-26-1(7).
Law Implemented:
SDCL  23-5-1,  23-5-2,  23-6-2,  23-6-4 to  23-6-6.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:02 - Bureau of criminal statistics › Chapter 2:02:02 - Completeness and accuracy of records › Section 2:02:02:03 - External audit procedure

Current through Register Vol. 51, page 10, July 15, 2024
Local criminal justice agencies making inquiries of the state registry of criminal history records are authorized to make periodic inquiries of the state registry for current disposition records to insure that the current disposition information required by §
									2:02:02:01  is entered on the state's registry files.
General Authority:
SDCL  23-5-1,  23-5-2,  23-6-2,  1-26-1(7).
Law Implemented:
SDCL  23-5-1,  23-5-2,  23-6-2,  23-6-4 to  23-6-6.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:02 - Bureau of criminal statistics › Chapter 2:02:02 - Completeness and accuracy of records › Section 2:02:02:04 - Internal audit procedures

Current through Register Vol. 51, page 10, July 15, 2024
At least once every year, the director shall select a representative sample of files in the state registry and audit such files to insure compliance with the provisions of 41 Federal Register 11714 (March 19, 1976).
General Authority:
SDCL  23-5-1,  23-5-2,  23-6-2,  1-26-1(7).
Law Implemented:
SDCL  23-5-1,  23-5-2,  23-6-2,  23-6-4 to  23-6-6.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:02 - Bureau of criminal statistics › Chapter 2:02:02 - Completeness and accuracy of records › Section 2:02:02:05 - Records required to facilitate audit

Current through Register Vol. 51, page 10, July 15, 2024
To facilitate the audit provided by §§
									2:02:02:02  and 2:02:02:03, the state registry shall maintain records which show the date on which criminal history record information is received by the state registry and, if such information is disseminated to someone other than a state, local or federal repository of criminal history record information, the date of the release of such information and the identity of the person or agency to whom it is released.
General Authority:
SDCL  23-5-1,  23-5-2,  23-6-2,  1-26-1(7).
Law Implemented:
SDCL  23-5-1,  23-5-2,  23-6-2,  23-6-4 to  23-6-6.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:02 - Bureau of criminal statistics › Chapter 2:02:03 - Access and review › Section 2:02:03:01 - Access and review

Current through Register Vol. 51, page 10, July 15, 2024
Any individual shall have the right to review his or her criminal history record information file maintained in the state registry and to obtain a copy of the same at his or her expense. Review of criminal history record information under this section shall be available only upon verification of the identity of the individual and at times which do not place an undue burden on the state registry.
General Authority:
SDCL  23-5-1,  23-5-2,  23-6-2,  1-26-1(7).
Law Implemented:
SDCL  23-5-1,  23-5-2,  23-6-2,  23-6-4 to  23-6-6.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:02 - Bureau of criminal statistics › Chapter 2:02:03 - Access and review › Section 2:02:03:02 - Requests for corrections in record

Current through Register Vol. 51, page 10, July 15, 2024
If an individual finds material in his criminal history record information file in the state registry which he believes to be inaccurate or incomplete, he may request that the necessary corrections be made in his record file. If the state registry refuses to make the requested changes, the individual shall be entitled to appeal the decision under the provisions of SDCL  1-26-30.
General Authority:
SDCL  23-5-1,  23-5-2,  23-6-2,  1-26-1(7).
Law Implemented:
SDCL  23-5-1,  23-5-2,  23-6-2,  23-6-4 to  23-6-6.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:02 - Bureau of criminal statistics › Chapter 2:02:03 - Access and review › Section 2:02:03:03 - Request for dissemination of information

Current through Register Vol. 51, page 10, July 15, 2024
Upon request, an individual whose record has been corrected pursuant to §
									2:02:03:02, shall be given the names of all non-criminal justice agencies, if any, to whom the data has been given.
General Authority:
SDCL  23-5-1,  23-5-2,  23-6-2,  1-26-1(7).
Law Implemented:
SDCL  23-5-1,  23-5-2,  23-6-2,  23-6-4 to  23-6-6.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:02 - Bureau of criminal statistics › Chapter 2:02:03 - Access and review › Section 2:02:03:04 - Notification of agencies receiving information

Current through Register Vol. 51, page 10, July 15, 2024
If an individual's record is corrected under the provisions of §
									2:02:03:02, the state registry will notify all criminal justice agencies of the corrected information.
General Authority:
SDCL  23-5-1,  23-5-2,  23-6-2,  1-26-1(7).
Law Implemented:
SDCL  23-5-1,  23-5-2,  23-6-2,  23-6-4 to  23-6-6.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:02 - Bureau of criminal statistics › Chapter 2:02:03 - Access and review › Section 2:02:03:05 - Limitation on access and review of criminal record information

Current through Register Vol. 51, page 10, July 15, 2024
An individual's right to access and review of his or her criminal history record information, shall not extend to data contained in intelligence, investigatory or other related files, and shall not be construed to include any other information than criminal history record information as defined in §
									2:02:01:01.
General Authority:
SDCL  23-5-1,  23-5-2,  23-6-2,  1-26-1(7).
Law Implemented:
SDCL  23-5-1,  23-5-2,  23-6-2,  23-6-4 to  23-6-6.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:02 - Bureau of criminal statistics › Chapter 2:02:03 - Access and review › Section 2:02:03:06 - Specific agencies authorized access to registry information

Current through Register Vol. 51, page 10, July 15, 2024
Pursuant to SDCL  23-6-14, and without being limited to the following, the director specifically authorizes access to information in the state registry to the following, for official purposes:
(1) The Governor of the state of South Dakota;
(2) Criminal justice agencies for the administration of criminal justice;
(3) Criminal justice agencies for the purpose of criminal justice agency employment;
(4) Federal agencies where required by federal statute or federal executive order for security clearance, employment or international travel;
(5) Pursuant to court orders.
General Authority:
SDCL  23-5-1,  23-5-2,  23-6-2,  1-26-1(7).
Law Implemented:
SDCL  23-5-1,  23-5-2,  23-6-2,  23-6-4 to  23-6-6,  23-6-14.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:02 - Bureau of criminal statistics › Chapter 2:02:04 - General reporting requirements › Section 2:02:04:01 - Reporting deadline for criminal history records information

Current through Register Vol. 51, page 10, July 15, 2024
Any agency required to report criminal history record information to the state registry shall submit the information to the state registry within ten working days of the availability of the information to said agency.
General Authority:
SDCL  23-5-1,  23-5-2,  23-6-2,  1-26-1(7).
Law Implemented:
SDCL  23-5-1,  23-5-2,  23-6-2,  23-6-4 to  23-6-6.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:02 - Bureau of criminal statistics › Chapter 2:02:04 - General reporting requirements › Section 2:02:04:02 - Reporting deadline for criminal records history information on repeat offenders

Current through Register Vol. 51, page 10, July 15, 2024
All agencies required to report criminal history record information to the state registry shall report all information relating to persons having their fourth felony arrest or second felony conviction, within forty-eight hours of the information being available to them.
General Authority:
SDCL  23-5-1,  23-5-2,  23-6-2,  1-26-1(7).
Law Implemented:
SDCL  23-5-1,  23-5-2,  23-6-2,  23-6-4 to  23-6-6.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:02 - Bureau of criminal statistics › Chapter 2:02:04 - General reporting requirements › Section 2:02:04:03 - Consequences of noncompliance

Current through Register Vol. 51, page 10, July 15, 2024
Failure to comply with §§
									2:02:04:01  and 2:02:04:02  will make an agency requesting information from the state registry ineligible to receive any information from the state registry or assistance from the director until the submission of all required criminal history records information is completed according to the provisions of this article.
General Authority:
SDCL  23-5-1,  23-5-2,  23-6-2,  1-26-1(7).
Law Implemented:
SDCL  23-5-1,  23-5-2,  23-6-2,  23-6-4 to  23-6-6.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:02 - Bureau of criminal statistics › Chapter 2:02:05 - General administrative procedures › Section 2:02:05:01 - Requests for declaratory rulings

Current through Register Vol. 51, page 10, July 15, 2024
Petitions may be filed with the director for the purpose of requesting a declaratory ruling as to the applicability of any statutory provision, any provision of this article or any final order of the director to a given set of facts. The petition shall be in writing and contain all pertinent facts necessary to inform the director of the nature of the problem on which a ruling is requested. The director may request additional facts as he deems necessary to make his ruling.
General Authority:
SDCL  23-5-1,  23-5-2,  23-6-2,  1-26-1(7).
Law Implemented:
SDCL  23-5-1,  23-5-2,  23-6-2,  23-6-4 to  23-6-6.