Law Enforcement Training Council Orders
Pursuant to South Carolina Code of Laws and South Carolina Code of Regulations below the South Carolina Law Enforcement Training Council has issued LETC Orders.
SECTION 23-23-40. Certification requirement.
No law enforcement officer employed or appointed on or after July 1, 1989, by any public law enforcement agency in this State is authorized to enforce the laws or ordinances of this State or any political subdivision thereof unless he has been certified as qualified by the council, except that any public law enforcement agency in this State may appoint or employ as a law enforcement officer, a person who is not certified if, within one year after the date of employment or appointment, the person secures certification from the council; provided, that if any public law enforcement agency employs or appoints as a law enforcement officer a person who is not certified, the person shall not perform any of the duties of a law enforcement officer involving the control or direction of members of the public or exercising the power of arrest until he has successfully completed a firearms qualification program approved by the council; and provided, further, that within three working days of employment, the academy must be notified by a public law enforcement agency that a person has been employed by that agency as a law enforcement officer, and within three working days of the notice the firearms qualification program as approved by the director must be provided to the newly hired personnel. If the firearms qualification program approved by the director is not available within three working days after receipt of the notice, then the public law enforcement agency making the request for the firearms qualification program may employ the person to perform any of the duties of a law enforcement officer, including those involving the control and direction of members of the public and exercising the powers of arrest. Should any such person fail to secure certification within one year from his date of employment, he may not perform any of the duties of a law enforcement officer involving control or direction of members of the public or exercising the power of arrest until he has been certified. He is not eligible for employment or appointment by any other agency in South Carolina as a law enforcement officer, nor is he eligible for any compensation by any law enforcement agency for services performed as an officer. Exceptions to the one-year rule may be granted by the director in these cases:
(1) military leave or injury occurring during that first year which would preclude the receiving of training within the usual period of time; or
(2) in the event of the timely filing of application for training, which application, under circumstances of time and physical limitations, cannot be honored by the training academy within the prescribed period; or
(3) upon presentation of documentary evidence that the officer-candidate has successfully completed equivalent training in one of the other states which by law regulate and supervise the quality of police training and which require a minimum basic or recruit course of duration and content at least equivalent to that provided in this chapter or by standards set by the council; or
(4) if it is determined by documentary evidence that the training will result in undue hardship to the requesting agency, the requesting agency must propose an alternate training schedule for approval.
Notwithstanding another provision of law, in the case of a candidate for certification who begins one or more periods of state or federal military service within one year after his date of employment or appointment, the period of time within which he must obtain the certification required to become a law enforcement officer is automatically extended for an additional period equal to the aggregate period of time the candidate performed active duty or active duty for training as a member of the National Guard, the State Guard, or a reserve component of the Armed Forces of the United States, plus ninety days. The director must take all necessary and proper action to ensure that a candidate for certification as a law enforcement officer who performs military service within one year of his employment or appointment is not prejudiced in obtaining certification as a result of having performed state or federal military service.
HISTORY: 2006 Act No. 317, Section 1, eff May 30, 2006; 2014 Act No. 225 (H.3958), Section 1, eff June 2, 2014.
Effect of Amendment
2014 Act No. 225, Section 1, in the first paragraph, substituted "qualified by the council" for "qualified by the Law Enforcement Training Council", and substituted ", the academy must be notified" for "the department must be notified"; and in paragraph (3), substituted "standards set by the council" for "standards set by the Law Enforcement Training Council".
SECTION 23-23-80. South Carolina Law Enforcement Training Council; powers and duties.
The South Carolina Law Enforcement Training Council is authorized to:
(1) receive and disburse funds, including those hereinafter provided in this chapter;
(2) accept any donations, contributions, funds, grants, or gifts from private individuals, foundations, agencies, corporations, or the state or federal governments, for the purpose of carrying out the programs and objectives of this chapter;
(3) consult and cooperate with counties, municipalities, agencies, or official bodies of this State or of other states, other governmental agencies, and with universities, colleges, junior colleges, and other institutions, concerning the development of police training schools, programs, or courses of instruction, selection, and training standards, or other pertinent matters relating to law enforcement;
(4) publish or cause to be published manuals, information bulletins, newsletters, and other materials to achieve the objectives of this chapter;
(5) make such regulations as may be necessary for the administration of this chapter, including the issuance of orders directing public law enforcement agencies to comply with this chapter and all regulations so promulgated;
(6) certify and train qualified candidates and applicants for law enforcement officers and provide for suspension, revocation, or restriction of the certification, in accordance with regulations promulgated by the council;
(7) require all public entities or agencies that employ or appoint law enforcement officers to provide records in the format prescribed by regulation of employment information of law enforcement officers;
(8) provide by regulation for mandatory continued training of certified law enforcement officers, this training to be completed within each of the various counties requesting this training on a regional basis.
(9) provide by regulation for mandatory continued training of certified law enforcement officers to recognize post-traumatic stress disorder and other trauma and stress-related disorders in other officers. The council also is authorized to establish a mechanism to recommend participation in the South Carolina Law Enforcement Assistance Program (SC LEAP) for officers involved in an incident resulting in death or serious bodily injury; and
(10) appoint attorneys employed by the South Carolina Criminal Justice Academy to sit as hearing officers for contested case hearings. The attorneys are authorized to submit hearing officers' recommendations to the council.
HISTORY: 2006 Act No. 317, Section 1, eff May 30, 2006; 2008 Act No. 335, Section 14, eff June 16, 2008; 2014 Act No. 225 (H.3958), Section 1, eff June 2, 2014; 2017 Act No. 46 (S.173), Section 2, eff May 19, 2017; 2018 Act No. 215 (H.4479), Section 1, eff May 18, 2018.
Effect of Amendment
The 2008 amendment in the introduction substituted "South Carolina Law Enforcement Training Council" for "Director of the Criminal Justice Academy".
2014 Act No. 225, Section 1, reenacted the section with no apparent change.
2017 Act No. 46, Section 2, added (9), providing for training of officers to recognize post-traumatic stress disorder in other officers, and made nonsubstantive changes.
2018 Act No. 215, Section 1, added (10), providing for the appointment of attorneys employed by the South Carolina Criminal Justice Academy to sit as hearing officers for contested case hearings.
SECTION 23-23-100. Compliance orders; penalties.
(A) Whenever the director finds that any public law enforcement agency is in violation of any provisions of this chapter, the director may issue an order requiring the public law enforcement agency to comply with the provision. The director may bring a civil action for injunctive relief in the appropriate court or may bring a civil enforcement action. Violation of any court order issued pursuant to this section must be considered contempt of the issuing court and punishable as provided by law. The director also may invoke the civil penalties as provided in subsection (B) for violation of the provisions of this chapter, including any order or regulation hereunder. Any public law enforcement agency against which a civil penalty is invoked by the director may appeal the decision to the court of common pleas of the county where the public law enforcement agency is located.
(B) Any public law enforcement agency which fails to comply with this chapter and regulations promulgated pursuant to this chapter or fails to comply with any order issued by the director is liable for a civil penalty not to exceed one thousand five hundred dollars a violation. When the civil penalty authorized by this subsection is imposed upon a sheriff, the sheriff is responsible for payment of this civil penalty.
HISTORY: 2006 Act No. 317, Section 1, eff May 30, 2006; 2014 Act No. 225 (H.3958), Section 1, eff June 2, 2014.
Effect of Amendment
2014 Act No. 225, Section 1, reenacted this section with no apparent change
37–005. Training Requirements for Basic Law Enforcement Certification.
A. Class 1 Certifications
1. Candidates for basic certification as law enforcement officers with full powers shall successfully complete a training program as approved by the Council and will be certified as Class 1-LE.
2. Candidates for basic certification as both law enforcement officers with full powers and as local detention facility officers shall successfully complete the requirements to be certified as Class 1-LE and Class 2-LCO and will be certified as Class 1-LECO.
B. Class 2 Certifications
1. Candidates for basic certification as local detention facility officers shall successfully complete a training program as approved by the Council and will be certified as Class 2-LCO.
2. Candidates for basic certification as correctional officers with the Department of Corrections shall successfully complete a training program as approved by the Council and will be certified as Class 2-SCO.
3. Candidates for basic certification as juvenile correction officers with the Department of Juvenile Justice shall successfully complete a training program as approved by the Council and will be certified as Class 2-JCO.
C. Class 3 Certifications.
Candidates for basic certification as law enforcement officers with limited powers of arrest or special duties shall successfully complete a training program as approved by the Council and will be certified as Class 3-SLE.
HISTORY: Added by State Register Volume 21, Issue No. 6, Part 2, eff June 27, 1997. Amended by State Register Volume 27, Issue No. 5, eff May 23, 2003; State Register Volume 38, Issue No. 3, eff March 28, 2014. Formerly R. 38–007. Renumbered and amended by State Register Volume 39, Issue No. 6, Doc. No. 4350, eff June 26, 2015.
The LETC Orders are below:
2020 - LETC Order – 001 (Updated to 2021-LETC 001 and 2021 – LETC – 002)
2020 – LETC Order – 002 Reporting Excessive Force
2020 – LETC Order – 003 Background Investigations
2020 – LETC Order – 004 Reimbursement of Training Costs
2020 – LETC Order – 005 Reporting Misconduct