reglab/housing_qa huggingface dataset:
MT Code § 10-1-112 (2021)
2021 Montana Code Annotated|Title 10. Military Affairs and Disaster and Emergency Services|Chapter 1. Militia|Part 1. General Provisions|10-1-112. Access to confidential criminal justice information

  10-1-112. Access to confidential criminal justice information. The adjutant general or the adjutant general's designee may request from a prosecutor or a law enforcement agency confidential criminal justice information, as defined in 44-5-103, relating to a member of the national guard for use in an administrative action. If the prosecutor or law enforcement agency determines that dissemination of the requested confidential criminal justice information would not jeopardize a pending investigation or other criminal proceeding, the prosecutor or the investigating law enforcement agency may disseminate the information to the adjutant general or the adjutant general's designee.   History: En. Sec. 1, Ch. 18, L. 2017.
MT Code § 10-1-113 (2021)
2021 Montana Code Annotated|Title 10. Military Affairs and Disaster and Emergency Services|Chapter 1. Militia|Part 1. General Provisions|10-1-113. through 10-1-120 reserved

  10-1-113 through 10-1-120 reserved.
MT Code § 10-1-121 (2021)
2021 Montana Code Annotated|Title 10. Military Affairs and Disaster and Emergency Services|Chapter 1. Militia|Part 1. General Provisions|10-1-121. Repealed

  10-1-121. Repealed. Sec. 3, Ch. 577, L. 2005.   History: En. Sec. 1, Ch. 418, L. 1997.
MT Code § 10-1-201 (2021)
2021 Montana Code Annotated|Title 10. Military Affairs and Disaster and Emergency Services|Chapter 1. Militia|Part 2. Officers of Militia|10-1-201. Officers

  10-1-201. Officers. (1) The governor shall appoint all officers of the militia.   (2) Officers must be citizens of the United States.   (3) Before a person can be appointed an officer by the governor, the person must be examined and adjudged qualified to be an officer by an examining board. The composition, appointment, and examination procedure of the board and the nature and scope of examinations must be prescribed by federal law or regulation or state regulations.   (4) Each officer shall hold office under the appointment until the officer is regularly appointed to another grade or office or until the officer is regularly retired, discharged, dismissed, or placed in the reserve.   History: En. 77-1701 by Sec. 31, Ch. 94, L. 1974; R.C.M. 1947, 77-1701; amd. Sec. 1, Ch. 56, L. 2009.
MT Code § 10-1-202 (2021)
2021 Montana Code Annotated|Title 10. Military Affairs and Disaster and Emergency Services|Chapter 1. Militia|Part 2. Officers of Militia|10-1-202. Oath of office

  10-1-202. Oath of office. (1) Except when a comparable oath is subscribed to under federal law or regulation, every officer shall take and subscribe to the following oath of office:   "I, ...., do solemnly swear that I will support and defend the constitution of the United States and the constitution of the state of Montana against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I will obey the orders of the president of the United States and the governor of the state of Montana; that I make this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office of .... in the .... upon which I am about to enter, so help me God."   (2) If an officer refuses or neglects to take the oath, the officer is considered to have resigned the office and a new appointment must be made.   History: En. 77-1702 by Sec. 32, Ch. 94, L. 1974; R.C.M. 1947, 77-1702; amd. Sec. 2, Ch. 56, L. 2009.
MT Code § 10-1-203 (2021)
2021 Montana Code Annotated|Title 10. Military Affairs and Disaster and Emergency Services|Chapter 1. Militia|Part 2. Officers of Militia|10-1-203. Retirement of officers

  10-1-203. Retirement of officers. (1) An officer of the national guard must be retired by order of the governor for the following reasons:   (a) upon loss of federal recognition; or   (b) unfitness for military service because of a physical disability.   (2) An officer is retired from the militia with the grade and rank held at the time of retirement.   History: En. 77-1703 by Sec. 33, Ch. 94, L. 1974; R.C.M. 1947, 77-1703; amd. Sec. 1, Ch. 9, L. 1997.
MT Code § 10-1-204 (2021)
2021 Montana Code Annotated|Title 10. Military Affairs and Disaster and Emergency Services|Chapter 1. Militia|Part 2. Officers of Militia|10-1-204. Resignation of officers

  10-1-204. Resignation of officers. An officer may resign, but the resignation is not effective until it has been accepted by the governor.   History: En. 77-1704 by Sec. 34, Ch. 94, L. 1974; R.C.M. 1947, 77-1704.
MT Code § 10-1-205 (2021)
2021 Montana Code Annotated|Title 10. Military Affairs and Disaster and Emergency Services|Chapter 1. Militia|Part 2. Officers of Militia|10-1-205. Vacating commissions or warrants

  10-1-205. Vacating commissions or warrants. The commission or warrant of an officer must be vacated:   (1) upon acceptance by the governor of the resignation of the officer; or   (2) by an order of the governor discharging the officer:   (a) for failure to maintain the officer's qualifications for federal recognition;   (b) upon the scheduled or actual termination or withdrawal of the officer's federal recognition when federal recognition is a prerequisite for continued service;   (c) upon a change in federal reserve status that makes the officer ineligible for continued assignment to a unit of the organized militia;   (d) for the officer's absence from duty without leave for more than 3 months;   (e) upon the recommendation of a board of examination or the sentence of a court-martial;   (f) upon conviction of a felony; or   (g) upon final sentencing to confinement in a federal or state penitentiary or correctional institution as defined in 45-2-101.   History: En. 77-1705 by Sec. 35, Ch. 94, L. 1974; amd. Sec. 9, Ch. 49, L. 1977; R.C.M. 1947, 77-1705; amd. Sec. 1, Ch. 28, L. 2005.
MT Code § 10-1-206 (2021)
2021 Montana Code Annotated|Title 10. Military Affairs and Disaster and Emergency Services|Chapter 1. Militia|Part 2. Officers of Militia|10-1-206. Examination as to fitness -- board of examination

  10-1-206. Examination as to fitness -- board of examination. (1) The governor, when the governor considers it necessary, may order an officer to appear before a board of examination. The board of examination consists of three officers, senior in rank to the officer whose fitness for service is under examination. The board may:   (a) inquire into the fitness for military service due to physical disability of an officer under 10-1-203(1)(b);   (b) inquire into the moral character, capacity, and professional fitness of an officer in order to make a recommendation under 10-1-205(2)(e).   (2) The board, under 10-1-203(1)(b), may recommend the retention of the officer being examined or recommend the officer's retirement because of a physical inability to perform active service.   (3) The board, under 10-1-205(2)(e), may recommend the discharge and the vacating of the officer's commission or warrant.   (4) The findings of the board become effective only upon the approval of the governor.   History: En. 77-1706 by Sec. 36, Ch. 94, L. 1974; R.C.M. 1947, 77-1706; amd. Sec. 3, Ch. 56, L. 2009.
MT Code § 10-1-207 (2021)
2021 Montana Code Annotated|Title 10. Military Affairs and Disaster and Emergency Services|Chapter 1. Militia|Part 2. Officers of Militia|10-1-207. Repealed

  10-1-207. Repealed. Sec. 1, Ch. 183, L. 2019.   History: En. 77-1707 by Sec. 37, Ch. 94, L. 1974; R.C.M. 1947, 77-1707; amd. Sec. 1, Ch. 20, L. 1995.
MT Code § 10-1-208 (2021)
2021 Montana Code Annotated|Title 10. Military Affairs and Disaster and Emergency Services|Chapter 1. Militia|Part 2. Officers of Militia|10-1-208. Officer need not vacate civil office

  10-1-208. Officer need not vacate civil office. A person may be an officer in the militia or in a reserve component of the armed forces of the United States without vacating a civil office or position in this state.   History: En. 77-1708 by Sec. 38, Ch. 94, L. 1974; R.C.M. 1947, 77-1708.
MT Code § 10-1-301 (2021)
2021 Montana Code Annotated|Title 10. Military Affairs and Disaster and Emergency Services|Chapter 1. Militia|Part 3. Enlisted Members|10-1-301. Terms of enlistment

  10-1-301. Terms of enlistment. Except as otherwise provided by federal law or regulation, enlistments, reenlistments, and extension of enlistments shall be for periods as prescribed by the department.   History: En. 77-1801 by Sec. 39, Ch. 94, L. 1974; R.C.M. 1947, 77-1801.
MT Code § 10-1-302 (2021)
2021 Montana Code Annotated|Title 10. Military Affairs and Disaster and Emergency Services|Chapter 1. Militia|Part 3. Enlisted Members|10-1-302. Oath of enlistment

  10-1-302. Oath of enlistment. (1) Except when a comparable oath of enlistment is subscribed to under federal law or regulation, every person who enlists or reenlists shall take and subscribe to the following oath of enlistment:   "I hereby acknowledge to have voluntarily enlisted this .... day of .... in the .... of the United States and the state of Montana for a period of .... years under the conditions prescribed by law, unless sooner discharged by proper authority. And I do solemnly swear that I will bear true faith and allegiance to the United States of America and to the state of Montana, and that I will serve them honestly and faithfully against all their enemies, and that I will obey the orders of the president of the United States, the governor of the state of Montana, and the officers appointed over me."   (2) Any officer of the organized militia or any officer of the armed forces of the United States, detailed to duty with any component of the organized militia of this state, may administer the oath of enlistment to enlisted personnel.   History: En. 77-1802 by Sec. 40, Ch. 94, L. 1974; R.C.M. 1947, 77-1802; amd. Sec. 2, Ch. 430, L. 1983; amd. Sec. 4, Ch. 56, L. 2009.
MT Code § 10-1-303 (2021)
2021 Montana Code Annotated|Title 10. Military Affairs and Disaster and Emergency Services|Chapter 1. Militia|Part 3. Enlisted Members|10-1-303. Extension of terms of service

  10-1-303. Extension of terms of service. If an emergency is declared by the president, congress, the governor, or the legislature, the governor may by proclamation, in accordance with federal and state law and regulation, extend the enlistment of an enlisted member of the organized militia until 6 months after the termination of that emergency.   History: En. 77-1803 by Sec. 41, Ch. 94, L. 1974; R.C.M. 1947, 77-1803.
MT Code § 10-1-304 (2021)
2021 Montana Code Annotated|Title 10. Military Affairs and Disaster and Emergency Services|Chapter 1. Militia|Part 3. Enlisted Members|10-1-304. Retirement of enlisted members

  10-1-304. Retirement of enlisted members. An enlisted member of the national guard must be retired by order of the governor for the following reasons:   (1) upon loss of active reserve status; or   (2) unfitness for military service because of a physical disability.   History: En. 77-1804 by Sec. 42, Ch. 94, L. 1974; R.C.M. 1947, 77-1804; amd. Sec. 2, Ch. 9, L. 1997.
MT Code § 10-1-401 (2021)
2021 Montana Code Annotated|Title 10. Military Affairs and Disaster and Emergency Services|Chapter 1. Militia|Part 4. Military Courts|10-1-401. Courts -- composition, jurisdiction, powers, and procedures

  10-1-401. Courts -- composition, jurisdiction, powers, and procedures. The military courts for the militia shall be constituted like similar courts of the armed forces of the United States. They have the jurisdiction and powers, except as to punishments, and shall follow the forms and procedures of those courts. The convening authority for these military courts and maximum punishments authorized shall be as prescribed by federal and state law and regulation applicable to the national guard.   History: En. 77-1901 by Sec. 43, Ch. 94, L. 1974; R.C.M. 1947, 77-1901.
MT Code § 10-1-402 (2021)
2021 Montana Code Annotated|Title 10. Military Affairs and Disaster and Emergency Services|Chapter 1. Militia|Part 4. Military Courts|10-1-402. Persons subject

  10-1-402. Persons subject. All members of the organized militia and all other persons lawfully called, ordered, or drafted for duty in the organized militia are subject to this part from the dates they are required by the terms of the call, order, or other directive to serve.   History: En. 77-1902 by Sec. 44, Ch. 94, L. 1974; R.C.M. 1947, 77-1902.
MT Code § 10-1-403 (2021)
2021 Montana Code Annotated|Title 10. Military Affairs and Disaster and Emergency Services|Chapter 1. Militia|Part 4. Military Courts|10-1-403. Territorial applicability

  10-1-403. Territorial applicability. (1) This part is applicable in all places in this state. It also applies to all persons while serving outside this state and while going to and returning from service outside this state.   (2) Courts-martial and courts of inquiry may be convened and held in units of the organized militia while serving outside this state. These courts serve with the same jurisdiction and powers as if held in this state. Offenses committed outside this state may be tried and punished either in or out of this state.   History: En. 77-1903 by Sec. 45, Ch. 94, L. 1974; R.C.M. 1947, 77-1903.
MT Code § 10-1-404 (2021)
2021 Montana Code Annotated|Title 10. Military Affairs and Disaster and Emergency Services|Chapter 1. Militia|Part 4. Military Courts|10-1-404. Persons authorized to execute process

  10-1-404. Persons authorized to execute process. All processes, writs, warrants, and sentences of military courts shall be directed to and executed by any sheriff or any officer or member of the police department of any county or municipality. These documents shall be in the same form as processes, writs, or warrants issued by civil courts. All officers to whom a process, writ, or warrant is directed shall execute it and make return thereof to the officer issuing it.   History: En. 77-1904 by Sec. 46, Ch. 94, L. 1974; R.C.M. 1947, 77-1904.
MT Code § 10-1-405 (2021)
2021 Montana Code Annotated|Title 10. Military Affairs and Disaster and Emergency Services|Chapter 1. Militia|Part 4. Military Courts|10-1-405. Confinement of persons committed by military court

  10-1-405. Confinement of persons committed by military court. The keepers of a municipal or county jail shall receive a person committed to them by a military court and shall confine the person in accordance with the direction of the court.   History: En. 77-1905 by Sec. 47, Ch. 94, L. 1974; R.C.M. 1947, 77-1905; amd. Sec. 5, Ch. 56, L. 2009.
MT Code § 10-1-406 (2021)
2021 Montana Code Annotated|Title 10. Military Affairs and Disaster and Emergency Services|Chapter 1. Militia|Part 4. Military Courts|10-1-406. Reporter and witness fees

  10-1-406. Reporter and witness fees. A witness subpoenaed to appear before a military court shall receive the same fee as provided by law for witnesses appearing in a civil court. The reporter of a court shall be paid for stenographic services the same as provided by law for similar services in civil courts.   History: En. 77-1906 by Sec. 48, Ch. 94, L. 1974; R.C.M. 1947, 77-1906.
MT Code § 10-1-407 (2021)
2021 Montana Code Annotated|Title 10. Military Affairs and Disaster and Emergency Services|Chapter 1. Militia|Part 4. Military Courts|10-1-407. Fees of civil officers -- records

  10-1-407. Fees of civil officers -- records. Fees for services of civil officers shall be the same as provided by law for services in civil courts. Records of all fees, costs, and disbursements shall be kept in the headquarters of the organization concerned.   History: En. 77-1907 by Sec. 49, Ch. 94, L. 1974; R.C.M. 1947, 77-1907.
MT Code § 10-1-408 (2021)
2021 Montana Code Annotated|Title 10. Military Affairs and Disaster and Emergency Services|Chapter 1. Militia|Part 4. Military Courts|10-1-408. Trial by civil authority -- when authorized

  10-1-408. Trial by civil authority -- when authorized. In a case where the offense under investigation is also an offense against civil authority, the adjutant general or the adjutant general's designee may order the suspect to be turned over to the appropriate civil authorities of this state for charging and trial.   History: En. 77-1908 by Sec. 50, Ch. 94, L. 1974; R.C.M. 1947, 77-1908; amd. Sec. 1, Ch. 53, L. 2017.
MT Code § 10-1-409 (2021)
2021 Montana Code Annotated|Title 10. Military Affairs and Disaster and Emergency Services|Chapter 1. Militia|Part 4. Military Courts|10-1-409. and 10-1-410 reserved

  10-1-409 and 10-1-410 reserved.
MT Code § 10-1-411 (2021)
2021 Montana Code Annotated|Title 10. Military Affairs and Disaster and Emergency Services|Chapter 1. Militia|Part 4. Military Courts|10-1-411. Administration of military justice

  10-1-411. Administration of military justice. (1) When a court-martial is convened, the senior judge advocate of that element shall assign trial counsel and defense counsel for the court-martial.   (2) A military judge appointed pursuant to 10-1-104 and the manual for courts-martial must be appointed by the adjutant general. The military judge must be an attorney licensed to practice law in the state of Montana and a member of the Montana national guard senior in rank to the accused, but may not be the state judge advocate of the Montana national guard. The adjutant general may prescribe additional requirements for a military judge.   (3) Following approval of the findings and sentence of a court-martial by the court-martial convening authority, the findings and sentence or either the findings or sentence may be appealed to the adjutant general of the Montana national guard in a manner directed by the adjutant general. The adjutant general may reverse a decision of the convening authority only if the findings of fact are clearly erroneous, a fraud upon the court has occurred, the law has been incorrectly applied, or the sentence is an abuse of discretion. Because courts-martial are military courts of the military justice system adopted under 10-1-104 and because the federal military appellate courts do not have jurisdiction over national guard members not in active federal service, no appeal to other courts is allowed.   History: En. Sec. 2, Ch. 120, L. 1995.
MT Code § 10-1-501 (2021)
2021 Montana Code Annotated|Title 10. Military Affairs and Disaster and Emergency Services|Chapter 1. Militia|Part 5. Compensation for Militia|10-1-501. Pay for militia

  10-1-501. Pay for militia. (1) When the organized militia is ordered into active duty as provided for in Article VI, section 13, of the constitution of this state, warrants for pay and expenses must be drawn upon funds appropriated by the legislature.   (2) If national guard members are placed on state duty for special work pursuant to 10-1-505, the members are entitled to pay and allowances as provided in 10-1-502(3). Warrants for pay and allowances for state duty for special work must be drawn upon funds appropriated by the legislature.   History: En. 77-2002 by Sec. 52, Ch. 94, L. 1974; R.C.M. 1947, 77-2002; amd. Sec. 2, Ch. 176, L. 2007; amd. Sec. 1, Ch. 202, L. 2009.
MT Code § 10-1-502 (2021)
2021 Montana Code Annotated|Title 10. Military Affairs and Disaster and Emergency Services|Chapter 1. Militia|Part 5. Compensation for Militia|10-1-502. Pay and allowances

  10-1-502. Pay and allowances. (1) An officer ordered into active duty as provided for in Article VI, section 13, of the constitution of this state must receive pay and allowances as prescribed for an officer of corresponding grade and length of service when on active duty in federal service.   (2) An enlisted member ordered into active duty as provided for in Article VI, section 13, of the constitution of this state must receive pay at rates equivalent to twice those allowed for an enlisted member of corresponding grade and length of time when on active duty in federal service. This schedule of pay for enlisted members applies only to the first 15 days of service. After 15 days, an enlisted member must receive the pay and allowances as prescribed for an enlisted member of corresponding grade and length of service when on active duty in federal service.   (3) A national guard member placed on state duty for special work, as defined in 10-1-505, must receive the pay and allowances as prescribed for an officer or enlisted member of corresponding grade and length of service when on active duty in federal service.   (4) The pay and allowances provided for in subsections (1) and (2) may not be paid when pay and allowances for the active duty are provided out of federal funds.   History: En. 77-2003 by Sec. 53, Ch. 94, L. 1974; R.C.M. 1947, 77-2003; amd. Sec. 3, Ch. 176, L. 2007.
MT Code § 10-1-503 (2021)
2021 Montana Code Annotated|Title 10. Military Affairs and Disaster and Emergency Services|Chapter 1. Militia|Part 5. Compensation for Militia|10-1-503. Repealed

  10-1-503. Repealed. Sec. 1, Ch. 183, L. 2019.   History: En. 77-2004 by Sec. 54, Ch. 94, L. 1974; R.C.M. 1947, 77-2004; amd. Sec. 6, Ch. 56, L. 2009.
MT Code § 10-1-504 (2021)
2021 Montana Code Annotated|Title 10. Military Affairs and Disaster and Emergency Services|Chapter 1. Militia|Part 5. Compensation for Militia|10-1-504. Repealed

  10-1-504. Repealed. Sec. 13, Ch. 430, L. 1983.   History: En. 77-2005 by Sec. 55, Ch. 94, L. 1974; R.C.M. 1947, 77-2005.
MT Code § 10-1-505 (2021)
2021 Montana Code Annotated|Title 10. Military Affairs and Disaster and Emergency Services|Chapter 1. Militia|Part 5. Compensation for Militia|10-1-505. State duty for special work -- definition

  10-1-505. State duty for special work -- definition. (1) To fulfill the department's duties under 10-1-102, the adjutant general as the department head under 2-15-1201 may use national guard resources and place Montana national guard personnel on state duty for special work.   (2) (a) For purposes of this section, "state duty for special work" means:   (i) any activity, such as administrative functions, exercises, training, coordination, or planning, that is conducted for the purposes of preparing the Montana national guard for active duty ordered by the governor under Article VI, section 13, of the Montana constitution; or   (ii) cybersecurity training and operations, including but not limited to vulnerability assessments, situational awareness, investigation, analysis, and incident response.   (b) State duty for special work does not include active duty ordered by the governor under Article VI, section 13, of the Montana constitution.   History: En. Sec. 1, Ch. 176, L. 2007; amd. Sec. 1, Ch. 184, L. 2019.
MT Code § 10-1-601 (2021)
2021 Montana Code Annotated|Title 10. Military Affairs and Disaster and Emergency Services|Chapter 1. Militia|Part 6. Rights of and Duties Owed Militia|10-1-601. Actions against militia members -- attorney fees

  10-1-601. Actions against militia members -- attorney fees. When an action is commenced in a court against a member of the organized militia for an act done in an official capacity in the discharge of the member's duty or for an alleged omission to do an act that it was the member's duty to perform, the defendant must be defended by the attorney general at the expense of this state, but private counsel may be employed by the defendant.   History: En. 77-2101 by Sec. 58, Ch. 94, L. 1974; R.C.M. 1947, 77-2101; amd. Sec. 7, Ch. 56, L. 2009.