Title 23, LAW ENFORCEMENT

A law enforcement officer shall attend response to resistance training. After initial training, an officer shall attend further training at least once every two years. Source: SL 2021, ch 103 , § 1.

The attorney general shall have authority to sign, file, and present any and all complaints, informations, presentments, indictments, subpoenas, affidavits, motions, process, and papers of any kind which the state's attorney might do in any criminal proceeding, and to appear befo…

The commission is authorized to reimburse each political subdivision a percentage of the salary and of the living and traveling expenses incurred by the officers in attendance at approved training programs, providing that such political subdivisions or state agencies do in fact a…

At the earliest practicable time, the commission shall provide, by regulation, that no person shall be appointed as a law enforcement officer, except on a temporary or probationary basis, unless such person has satisfactorily completed a preparatory program of law enforcement tra…

In addition to the requirements of § 23-3-41 , the commission, by rules promulgated pursuant to chapter 1-26 , shall fix other qualifications for the employment and training of appointed law enforcement officers, including minimum age, education, physical and mental standards, ci…

The minimum training required of each law enforcement officer for certification shall include a minimum total of four hours on the following issues pertaining to domestic abuse: (1) Enforcement of criminal laws in domestic abuse situations; (2) Availability of community resources…

The Unified Judicial System shall provide such access about any adjudication or disposition pursuant to chapter 26-7A or 26-8C to the Law Enforcement Officers Standards Commission as may be necessary to effectuate the purposes of § 23-3-42 . Source: SL 2004, ch 159 , § 2.

No person may be elected or appointed as a county sheriff who does not meet the same qualifications provided by § 23-3-42 for the employment of appointed law enforcement officers. All elected or appointed sheriffs shall successfully complete the same education and training progra…

Any candidate for election to the office of county sheriff shall file with the county auditor by the last Tuesday of March of the election year a certification of qualification issued by the law enforcement officers standards commission that the candidate meets the qualifications…

The commission shall issue a certificate evidencing satisfaction of the requirements of §§ 23-3-41 and 23-3-42 to any applicant who presents such evidence as may be required by its rules and regulations of satisfactory completion of a program or course of instruction in another j…

Law enforcement officers, elected or appointed, who are already serving on July 1, 1970, shall not be required to meet any requirement of §§ 23-3-41 and 23-3-42 as a condition of tenure or continued employment. The Legislature finds, and it is hereby declared to be the policy of …

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

The provisions of §§ 23-3-26 to 23-3-46 , inclusive, shall be severable and if any phrase, clause, sentence, or provision of said sections is declared to be contrary to the Constitution or laws of this state or of the United States or the applicability thereof to any government, …

The South Dakota Legislature finds and declares that a state - wide law enforcement training center for the use of all criminal justice personnel in South Dakota to be necessary to provide adequate training for law enforcement officials in an increasingly complex, modern society;…

The attorney general is authorized to accept and expend, in addition to any amounts appropriated and for the purpose stated in § 23-3-48 , any funds which may be obtained from federal funds and any gifts or contributions from any source for said purpose. Source: SL 1972, ch 286 ,…

Nothing contained in § 23-3-3 or 23-3-4 , however, shall relieve the state's attorneys from any duty now enjoined upon them by law nor relieve them from the duty of assisting state officials in conduct of criminal proceedings in their respective counties. Source: SDC 1939 & Supp …

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

There is hereby created in the Office of the State Treasurer a law enforcement officers training fund. Source: SL 1977, ch 194 , § 1.

In addition to any other penalty, assessment, or fine provided by law, there shall be levied liquidated costs in the amount of fifty dollars for partial reimbursement to state government and its subdivisions for law enforcement and judicial expenses incurred in providing the pers…

After a determination by the court of the amount due, the clerk of courts shall collect the amount due and transmit the amount monthly to the state treasurer. The state treasurer shall place thirty-seven dollars of the fifty dollar fee into the law enforcement officers training f…

Moneys in the law enforcement officers training fund shall be annually appropriated by the Legislature to be used with any other moneys otherwise appropriated to pay necessary costs of law enforcement, law enforcement training, and judicial training and to pay expenses for the op…

The Division of Criminal Investigation heretofore established by law shall continue under the superintendency and control of the attorney general as a division of his department. The records and equipment for such division heretofore transferred to or acquired by the attorney gen…

The attorney general may employ personnel as the attorney general requires to perform the duties of the Division of Criminal Investigation. The personnel, other than the chief agent, shall be selected from the persons classified as eligible pursuant to § 3-6D-10 and shall be comp…

No law enforcement agency, employee of a law enforcement agency, employee or official of a state or county agency and any individual contracting or appointed to perform services under § 22-22-1.3 , 22-24B-29 , 22-24B-30 , 24-15A-32.1 , or 24-15A-32 may be civilly liable for good …

The Law Enforcement Officers Standards Commission shall establish a training program for county coroners. The county coroner training shall include training programs concerning scene investigation and death registration. The commission shall establish and maintain a county corone…

Any person may file a sworn affidavit with the Division of Criminal Investigation alleging: (1) Fraud by an elected official, public officer, or public employee in the performance of any duty imposed by law on the elected official, public officer, or public employee pursuant to §…

If an investigation authorized under § 23-3-72 does not reveal sufficient facts to support a criminal prosecution, the Division of Criminal Investigation may determine that no further action is required, or refer the matter to: (1) The Government Operations and Audit Committee fo…

Notwithstanding any other provision of law, no state entity or political subdivision may adopt or implement a policy, order, or ordinance that: (1) Limits or prohibits an individual from communicating or cooperating with a federal agency or official to verify or report the immigr…

The attorney general may purchase such equipment, through the Bureau of Human Resources and Administration, as may be necessary for the purposes of this chapter and chapters 1-13 and 23-5 . Source: SDC 1939, § 55.1601; SL 1966, ch 161 , § 1; SL 2004, ch 157 , § 1; SL 2024, ch 1 (…

Nothing contained in this chapter, however, shall authorize the attorney general to expend more than the appropriation provided by law for the maintenance and operation of the Division of Criminal Investigation. Source: SDC 1939, § 55.1601 as added by SL 1966, ch 161 , § 1.