23-3-35. Powers of commission.
In addition to powers conferred upon the Law Enforcement Officers Standards Commission elsewhere in this chapter, the commission may:
(1)Promulgate rules for the administration of §§23-3-26 to 23-3-47, inclusive, including the authority to require the submission of reports and information by law enforcement agencies within this state;
(2)Establish minimum educational and training standards for admission to employment as a law enforcement officer:
(a)In permanent positions; and
(b)In temporary or probationary status;
(3)Certify persons as being qualified under the provisions of §§23-3-26 to 23-3-47, inclusive, to be law enforcement officers, and by rule to establish criteria and procedure for the revocation or suspension of the certification of officers who have been convicted of a felony or misdemeanor involving moral turpitude, have intentionally falsified any application or document to achieve certification, or have been discharged from employment for cause, or have engaged in conduct unbecoming of a law enforcement officer;
(4)Establish minimum curriculum requirements for preparatory, in-service, and advanced courses and programs for schools operated by or for the state or any political subdivisions of the state for the specific purpose of training recruits, other law enforcement officers, or tribal law enforcement;
(5)Consult and cooperate with counties, municipalities, agencies of this state, tribal governments, other governmental agencies, and with universities, colleges, junior colleges, and other institutions concerning the development of law enforcement training schools and programs or courses of instruction;
(6)Approve institutions and facilities for school operation by or for the state or any political subdivision of the state for the specific purpose of training law enforcement officers and recruits;
(7)Make or encourage studies of any aspect of police administration;
(8)Conduct and stimulate research by public and private agencies which is designed to improve police administration and law enforcement;
(9)Make recommendations concerning any matter within its purview pursuant to §§23-3-26 to 23-3-47, inclusive;
(10)Make such evaluations as may be necessary to determine if governmental units are complying with the provisions of §§23-3-26 to 23-3-47, inclusive;
(11)Adopt and amend bylaws, consistent with law, for its internal management and control;
(12)Enter into contracts or do such things as may be necessary and incidental to the administration of its authority pursuant to §§23-3-26 to 23-3-47, inclusive;
(13)License and regulate the activities of private or law enforcement polygraph and computer voice stress analyzer examiners;
(14)Certify canine teams; and
(15)Establish minimum educational and training standards for newly selected county coroners and advanced training standards for incumbent county coroners;
(16)Establish minimum educational and training standards for school sentinels authorized in §13-64-1.
Source: SDC 1939, §55.1603 (6) as added by SL 1966, ch 161, §2; SDCL §23-3-25; SL 1970, ch 145, §4; SL 1976, ch 160; SL 1984, ch 174, §1; SL 1998, ch 141, §1; SL 2003, ch 132, §4; SL 2004, ch 158, §1; SL 2010, ch 123, §1; SL 2013, ch 93, §7; SL 2018, ch 139, §4.
Structure South Dakota Codified Laws
Chapter 03 - Law Enforcement Agencies
Section 23-3-1 - Police in municipalities--Law governing--Size of force.
Section 23-3-3 - Attorney general--Jurisdiction concurrent with state's attorneys.
Section 23-3-4 - Papers filed and appearances by attorney general.
Section 23-3-6 - Division of Criminal Investigation--Control by attorney general.
Section 23-3-7 - Personnel of division--Employment by attorney general--Compensation.
Section 23-3-8 - Equipment purchase by attorney general.
Section 23-3-9 - Expenditures of division limited to appropriation.
Section 23-3-10 - Police powers of division personnel.
Section 23-3-11 - Personnel of division--Direction of operations by Governor.
Section 23-3-12 - Duty of division to prevent and detect violations.
Section 23-3-13 - Apprehension of criminals and fugitives by division.
Section 23-3-14 - Cooperation of division with local peace officers.
Section 23-3-15 - Cooperation of division with agencies of other state, tribal governments, and FBI.
Section 23-3-15.2 - Fingerprint check of applicants for certain tribal positions--Fee.
Section 23-3-15.3 - Exchange of information.
Section 23-3-16 - System of criminal identification and investigation--Maintenance by division.
Section 23-3-17 - Assistance by division in establishing local bureaus of identification.
Section 23-3-18.3 - Definitions.
Section 23-3-18.4 - Missing persons clearinghouse--Establishment--Purpose.
Section 23-3-18.5 - Missing persons clearinghouse--Administration--Requirements.
Section 23-3-18.6 - Missing persons clearinghouse--Report--Notification.
Section 23-3-18.7 - Missing person clearinghouse--Purpose.
Section 23-3-18.8 - Missing person located--Purging of information.
Section 23-3-19 - Performance by division of other required duties.
Section 23-3-19.2 - Scientific examinations conducted by laboratory.
Section 23-3-26 - Training of law enforcement officers--Findings and policy.
Section 23-3-27 - Law enforcement officer defined.
Section 23-3-27.1 - Tribal law enforcement defined.
Section 23-3-28 - Law Enforcement Officers Standards Commission--Appointment--Terms of members.
Section 23-3-28.1 - Commission supported by attorney general's office.
Section 23-3-29 - Death, resignation, or incapacity of commission member--Appointment of successor.
Section 23-3-30 - Ex officio members of commission.
Section 23-3-31 - Commission membership compatible with other office.
Section 23-3-32 - Meetings of commission.
Section 23-3-33 - Reports of commission.
Section 23-3-35 - Powers of commission.
Section 23-3-35.1 - Definitions.
Section 23-3-35.2 - License required to question person using CVSA--Violation a misdemeanor.
Section 23-3-35.3 - Requirements for license as CVSA examiner.
Section 23-3-35.4 - Law enforcement canine team certification--Specialties.
Section 23-3-35.5 - Canine certification standards and criteria--Rules--Fees.
Section 23-3-36 - Commission supported by appropriations.
Section 23-3-37 - Acceptance of donations and grants--Report and deposit.
Section 23-3-38 - Administration of grants--Efficiency in operation.
Section 23-3-39 - Establishment and maintenance of training programs.
Section 23-3-39.1 - Airport security training to be provided--Maximum duration.
Section 23-3-39.2 - Criteria for accepting person not employed as an officer in training program.
Section 23-3-39.3 - Fee for person not employed as officer for training program.
Section 23-3-39.4 - Domestic abuse training for law enforcement officers.
Section 23-3-39.5 - Initial training to include domestic abuse.
Section 23-3-39.7 - Domestic abuse training to utilize law enforcement officer training fund.
Section 23-3-39.8 - Policies on response to domestic abuse situations.
Section 23-3-39.9 - Response to resistance training.
Section 23-3-40 - Reimbursement of expenses of officers in training.
Section 23-3-42 - Qualifications prescribed for law enforcement officers.
Section 23-3-42.1 - Training in domestic abuse issues required.
Section 23-3-43.1 - Certification of qualification of candidate for county sheriff.
Section 23-3-44 - Certification of qualified officer trained in another state.
Section 23-3-45 - Exemption of officers already serving.
Section 23-3-46 - Division of Criminal Investigation to administer programs--Personnel.
Section 23-3-47 - Severability.
Section 23-3-49 - Attorney general to accept gifts for training center and facilities.
Section 23-3-51 - Law enforcement officers training fund created.
Section 23-3-52 - Liquidated costs--Amount--Purposes--Waiver.
Section 23-3-53 - Collection by clerk of courts--Transmittal to state treasurer--Funds--Uses.
Section 23-3-55 - Annual appropriation from fund--Allocation.
Section 23-3-70 - Immunity from civil liability for certain good faith conduct.