What training did a former officer need to become a Hampton County reserve officer after three years away?

Plain-English summary

Hampton County’s sheriff asked what a former officer needed to do to become a reserve officer as his prior certification approached a three-year lapse. The Assistant Deputy AG quoted the reserve-officer statutes, which required an oath, a bond, and training before duties began. The 1998 provision also required at least sixty hours of specified training and a comprehensive test before a reserve could perform police functions.

The author reported that the Criminal Justice Academy regarded that sixty-hour course as the required training for a person returning as a reserve after more than three years out of law enforcement. He suggested asking the Academy for details. The letter did not determine whether this particular applicant qualified for a shorter recertification option before the three-year point; those possible options appeared in the sheriff’s question. The letter was informal.

Currency note

This opinion was issued in 1998. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Q: What did the opinion report for someone away from law enforcement more than three years? A: It said the Academy deemed the sixty-hour reserve course necessary, and referred detailed requirements to that agency.

Q: Could a reserve perform police functions before completing the course and test? A: The statute quoted in the letter said no reserve could assume a police function until completing training and passing the comprehensive test.

Q: Did the AG decide which recertification path the named applicant qualified for? A: No. The letter gave the statutory baseline and the Academy’s reported position, without resolving his individual status.

Background and statutory framework

Sec. 23-28-10 et seq. established reserve police officers. The letter quoted Section 23-28-20(A) on appointments and subsection (C) on prerequisites, then Section 23-28-30 on training and testing. Its account of the Academy’s practice was specific to the law and administration in 1998.

Citations and references

Statutes discussed: Sec. 23-28-10 et seq.; Section 23-28-20(A); Section 23-28-30.

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/january-15-1998/
• Original PDF: https://www.scag.gov/wp-content/uploads/2013/11/98jan15dupree.pdf

Original opinion text

The State of South Carolina

OFFICE OF THE ATTORNEY GENERAL
CHARLES M OL O NY CONDO N
ATIO R NEY GENER A L

January 15, 1998

The Honorable Sidney L. DuPree
Sheriff, Hampton County
Post Office Box 63 3
Hampton, South Carolina 29924
Re: Informal Opinion
Dear Sheriff DuPree:
You note that the Hampton County Sheriffs Office "has a subject that has applied for a reserve officer." You state that the individual has worked approximately fifteen years as a law enforcement officer. In February of 1998, the individual will have been out of law enforcement for three years. At that time, he will lose his certification and be required to attend the Criminal Justice Academy for eight weeks. If he is accepted as a reserve officer before February of 1998, he can become recertified by taking a challenge test or taking a three week legal update. You wish to know what the requirements are for this officer to become a reserve officer with your department. Law I Analysis The position of reserve police officer is established pursuant to S.C. Code Ann. Sec. 23-28-10 et seq. Section 23-28-20(A) states that (A)
[t]he chief with the approval of the governing body or its chief operating officer or sheriff may appoint the number of reserve police officers as may be needed but not exceeding the number of regular full-time officers of his department. The number of full-time officers may not be decreased because of the institution or expansion of a reserve force. Each period of time reserves serve must be determined and specified by the chief or sheriff in writing. The powers and duties of reserves must be prescribed by the chief or sheriff and they are subject to removal by him at any time. R E!VlllERT

c. D E:-lN IS B UI LDISG

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POST OFFICE Bo x

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11 549

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C OLUMBIA , S.C. 292 11 - 1549

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T ELEPHONE :

803-734-3970

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FACSIM ILE: 803 -253-6283

The Honorable Sidney L. DuPree
Page 2
January 15, 1998
Subsection (B) further provides that
[t]he chief or sheriff, with the approval of the governing body, also shall allow for the compensation of reserve police officers for work done pursuant to Section 23-24-10 when compensation for approved public activities would be paid by a party other than the municipality or county. Reserve officers must be paid for approved public activities the same as off-duty police officers. Work performed for compensation must be in excess of the minimum logged service time required of Section 23-28-70. No additional training, beyond what is required for reserve police officers is required for reserve police officers who receive compensation. Subsection (C) of§ 23-28-20 sets forth the basic requirements for becoming a reserve police officer. Such Section provides that (C)

Before assuming their duties reserves must:
(1)

take the oath of office required by law;

(2)
be bonded in an amount determined by the
governing body of the county, municipality, or other political entity which may not be less than one thousand five hundred dollars; (3) successfully complete a course of training specified pursuant to Title 23, Chapter 6 and endorsed by the chief or sheriff who appoints them. Section 23-28-30 also provides for the training of reserve officers. Such Section states as follows:
[n]o reserve shall assume any police function until he has successfully completed a course of training of at least sixty hours and passed a comprehensive test prepared by the South Carolina Criminal Justice Academy and administered by the local law enforcement agency. This sixty hours of training shall be promulgated by the South Carolina Criminal Justice Academy Division of the Department of Public Safety,

The Honorable Sidney L. DuPree
Page 3
January 15, 1998
endorsed by the appointing official and shall include, but not be limited to: (A) Firearms training ............ twelve hours (B) Laws of arrest . . . . . . . . . . . . . . . three hours (C) Searches and Seizures . . . . . . . . . . three hours (D) Evidence ..................... six hours (E) Crisis Intervention . . . . . . . . . . . . three hours (F) Officer survival . . . . . . . . . . . . . . . two hours (G) Ethics ...................... two hours (H) Constitutional law . . . . . . . . . . . . . two hours (I) Local ordinances and policies . . . . . . . ten hours (J) Radio communications ............ one hour (K) Handling prisoners . . . . . . . . . . . . . . one hour (L) Handling juveniles . . . . . . . . . . . . . . one hour (M) Human relations . . . . . . . . . . . . . . two hours

I

I

I am advised that the Academy deems the sixty hour course referenced in§ 23-2830 as the training that is necessary where an individual is out of law enforcement for more than three years and seeks to come back as a reserve officer. The courts will, of course, defer to the administrative agency required by law to administer a particular statute. Thus, I would suggest that you contact the Academy for further information regarding the specifics of these requirements. This letter is an informal opinion only. It has been written by a designated Assistant Deputy Attorney General and represents the position of the undersigned attorney as to the specific questions asked. It has not, however, been personally scrutinized by the Attorney General nor officially published in the manner of a formal opinion. With kind regards, I am Very truly yours,

/Jr

Robert D. Cook
Assistant Deputy Attorney General
RDC/an