reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 21. Sheriff's Office › 7-32-2113. Payment of partial salary of deputy sheriff injured in performance of duty

7-32-2113. Payment of partial salary of deputy sheriff injured in performance of duty.
(1) A deputy sheriff who is injured in the performance of the deputy sheriff's duties and who requires medical or other remedial treatment for injuries that render the deputy sheriff unable to perform the deputy sheriff's duties must be paid by the county the difference between the deputy sheriff's net salary, following adjustments for income taxes and pension contributions, and the amount received from workers' compensation until the disability has ceased, as determined by workers' compensation, or for a period not to exceed 1 year, whichever occurs first.
(2) To qualify for the partial salary payment provided for in subsection (1), the deputy sheriff must be unable to perform the deputy sheriff's duties as a result of the injury.
History: En. Sec. 1, Ch. 271, L. 2005.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 21. Sheriff's Office › 7-32-2114. Assignment to light duty or other agency

7-32-2114. Assignment to light duty or other agency.
(1) Whenever, in the opinion of the county and supported by a health care provider's opinion, the deputy sheriff is able to perform specified types of light duty, payment of the officer's partial salary amount under 7-32-2113 must be discontinued if the deputy sheriff refuses to perform light duty when it is available and offered to the deputy sheriff.
(2) The deputy sheriff may be transferred to another department or agency within the county.
History: En. Sec. 2, Ch. 271, L. 2005.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 21. Sheriff's Office › 7-32-2120. Definitions

7-32-2120. Definitions.
As used in this part, the following definitions apply:
(1) "Detention center" means a facility established and maintained by an appropriate entity for the purpose of confining arrested persons or persons sentenced to the detention center.
(2) "Detention center administrator" means the sheriff, chief of police, administrator, superintendent, director, or other individual serving as the chief executive officer of a detention center.
(3) "Detention center staff" means custodial personnel whose duties include ongoing supervision of the inmates in a detention center.
(4) "Inmate" means a person who is confined in a detention center.
(5) "Local government" means a city, town, county, or consolidated city-county government.
(6) "Multijurisdictional detention center" means a detention center established and maintained by two or more local governments for the confinement of persons arrested or sentenced to confinement or a local government detention center contracting to confine persons arrested or sentenced in other local governments.
(7) "Private detention center" means a detention center owned by private industry and leased to or operated under a contract with a local government.
History: En. Sec. 1, Ch. 461, L. 1989.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 21. Sheriff's Office › 7-32-2121. Duties of sheriff

7-32-2121. Duties of sheriff.
The sheriff shall:
(1) preserve the peace;
(2) arrest and take before the nearest magistrate for examination all persons who attempt to commit or have committed a public offense;
(3) prevent and suppress all affrays, breaches of the peace, riots, and insurrections that may come to the sheriff's knowledge;
(4) perform the duties of a humane officer within the county with reference to the protection of animals;
(5) attend all courts, except municipal, justices', and city courts, at their respective terms or sessions held within the county and obey their lawful orders and directions;
(6) command the aid of as many inhabitants of the county as are necessary in the execution of the sheriff's duties;
(7) take charge of and keep the detention center and the inmates in the detention center, unless the detention center is operated by a private party under an agreement entered into under 7-32-2201 or by a detention center administrator or by another local government;
(8) endorse upon all notices and process the year, month, day, hour, and minute of receipt and issue to the person delivering them, on payment of fees, a certificate showing the names of the parties, the title of the paper, and the time of receipt;
(9) serve all process or notices in the manner prescribed by law;
(10) certify in writing upon the process or notices the manner and time of service or, if the sheriff fails to make service, the reasons for this failure, and return the papers without delay;
(11) take charge of and supervise search and rescue units and their officers whenever search and rescue units are called into service; and
(12) perform other duties that are required by law.
History: (1) thru (10)En. Sec. 4381, Pol. C. 1895; re-en. Sec. 3010, Rev. C. 1907; re-en. Sec. 4774, R.C.M. 1921; Cal. Pol. C. Sec. 4176; amd. Sec. 1, Ch. 157, L. 1925; re-en. Sec. 4774, R.C.M. 1935; amd. Sec. 10, Ch. 535, L. 1975; Sec. 16-2702, R.C.M. 1947; (11)En. Sec. 1, Ch. 42, L. 1981; (12)En. Sec. 4401, Pol. C. 1895; re-en. Sec. 3030, Rev. C. 1907; re-en. Sec. 4794, R.C.M. 1921; Cal. Pol. C. Sec. 4193; re-en. Sec. 4794, R.C.M. 1935; Sec. 16-2722, R.C.M. 1947; R.C.M. 1947, 16-2702, 16-2722; amd. Sec. 3, Ch. 263, L. 1979; amd. Sec. 1, Ch. 42, L. 1981; amd. Sec. 7, Ch. 447, L. 1985; amd. Sec. 9, Ch. 461, L. 1989; amd. Sec. 693, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 21. Sheriff's Office › 7-32-2122. Duties of undersheriff

7-32-2122. Duties of undersheriff.
Whenever a vacancy occurs in the office of sheriff, the undersheriff must in all things execute the office of sheriff until a sheriff is elected or appointed and duly qualified.
History: En. Sec. 4383, Pol. C. 1895; re-en. Sec. 3012, Rev. C. 1907; re-en. Sec. 4776, R.C.M. 1921; re-en. Sec. 4776, R.C.M. 1935; R.C.M. 1947, 16-2704(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 21. Sheriff's Office › 7-32-2123. Appointment of detention center staff

7-32-2123. Appointment of detention center staff.
A sheriff who operates a detention center under 7-32-2121 may appoint deputy sheriffs or nonsworn individuals as detention center staff. A nonsworn individual appointed to the detention center staff need not receive the same salary as a deputy sheriff.
History: En. Sec. 1, Ch. 75, L. 1905; re-en. Sec. 3119, Rev. C. 1907; amd. Sec. 2, Ch. 93, L. 1909; amd. Sec. 1, Ch. 119, L. 1909; re-en. Sec. 4875, R.C.M. 1921; re-en. Sec. 4875, R.C.M. 1935; amd. Sec. 1, Ch. 69, L. 1953; R.C.M. 1947, 16-3701(part); amd. Sec. 4, Ch. 263, L. 1979; amd. Sec. 8, Ch. 447, L. 1985; amd. Sec. 1, Ch. 16, Sp. L. June 1986; amd. Sec. 10, Ch. 461, L. 1989.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 21. Sheriff's Office › 7-32-2124. Service of papers on sheriff

7-32-2124. Service of papers on sheriff.
Service of a paper, other than a process, upon the sheriff may be made by delivering it to the sheriff, a deputy, or a person in charge of the office during office hours or, if none of the enumerated individuals is there, by leaving it in a conspicuous place in the office.
History: En. Sec. 4398, Pol. C. 1895; re-en. Sec. 3027, Rev. C. 1907; re-en. Sec. 4791, R.C.M. 1921; Cal. Pol. C. Sec. 4190; re-en. Sec. 4791, R.C.M. 1935; R.C.M. 1947, 16-2719; amd. Sec. 694, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 21. Sheriff's Office › 7-32-2125. Operation of sheriff's vehicle

7-32-2125. Operation of sheriff's vehicle.
The board of county commissioners may purchase or lease motor vehicles from county funds for the use of the sheriff or any person employed by the sheriff and may also pay for the operation and maintenance of those vehicles from county funds.
History: En. Sec. 1, Ch. 114, L. 1969; amd. Sec. 1, Ch. 340, L. 1971; R.C.M. 1947, 16-2724(part); amd. Sec. 695, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 21. Sheriff's Office › 7-32-2126. Liability insurance for privately owned vehicles when used on official business

7-32-2126. Liability insurance for privately owned vehicles when used on official business.
(1) The board of county commissioners shall provide liability insurance for not more than one privately owned vehicle used by the sheriff, not more than one privately owned vehicle used by the undersheriff, and not more than one privately owned vehicle used by each deputy sheriff when the vehicles are used on official business. The insurance must be paid for from county funds and must provide full comprehensive and collision coverage plus minimum coverage of $100,000 for each person for bodily injury and medical expenses, $300,000 for all persons per accident, and $50,000 per accident for property damage.
(2) This section does not apply to counties furnishing motor vehicles to the sheriff's office pursuant to the provisions of 7-32-2125.
History: En. Sec. 2, Ch. 340, L. 1971; R.C.M. 1947, 16-2725; amd. Sec. 9, Ch. 36, L. 2005.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 21. Sheriff's Office › 7-32-2127. Prosecution of action involving county law enforcement personnel brought against executor or administrator

7-32-2127. Prosecution of action involving county law enforcement personnel brought against executor or administrator.
Any action for default or misconduct of a sheriff, an undersheriff, detention center staff, or a deputy may be prosecuted against the executors or administrators of the sheriff.
History: En. Sec. 4384, Pol. C. 1895; re-en. Sec. 3013, Rev. C. 1907; re-en. Sec. 4777, R.C.M. 1921; re-en. Sec. 4777, R.C.M. 1935; R.C.M. 1947, 16-2705; amd. Sec. 11, Ch. 461, L. 1989; amd. Sec. 696, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 21. Sheriff's Office › 7-32-2128. False claims by sheriff

7-32-2128. False claims by sheriff.
A sheriff who falsely represents to the board of county commissioners or governor the sheriff's actual traveling expenses in the performance of any official duty or causes to be paid to the sheriff from the state or any county treasury a sum exceeding the actual expenses in the performance of the sheriff's duty is guilty of a misdemeanor.
History: En. Sec. 4627, Pol. C. 1895; re-en. Sec. 3160, Rev. C. 1907; re-en. Sec. 4909, R.C.M. 1921; re-en. Sec. 4909, R.C.M. 1935; amd. Sec. 18, Ch. 513, L. 1973; amd. Sec. 99, Ch. 326, L. 1974; R.C.M. 1947, 25-225; amd. Sec. 1, Ch. 446, L. 1979; amd. Sec. 12, Ch. 461, L. 1989; 7-32-2128(1), MCA 1987 redes. 7-32-2249 by Code Commissioner, 1989; amd. Sec. 17, Ch. 114, L. 2003.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 21. Sheriff's Office › 7-32-2129. Misconduct of undersheriff

7-32-2129. Misconduct of undersheriff.
Any default, misfeasance, or malfeasance of an undersheriff is a breach of the condition of the bond given by the sheriff who appointed the undersheriff and is also a breach of the condition of the bond given by the undersheriff to the sheriff.
History: En. Sec. 4383, Pol. C. 1895; re-en. Sec. 3012, Rev. C. 1907; re-en. Sec. 4776, R.C.M. 1921; re-en. Sec. 4776, R.C.M. 1935; R.C.M. 1947, 16-2704(part); amd. Sec. 697, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 21. Sheriff's Office › 7-32-2130. Liability for refusing to pay money

7-32-2130. Liability for refusing to pay money.
If on demand the sheriff neglects or refuses to pay any money to the person entitled to money that may come into the sheriff's possession by virtue of office, after deducting legal fees, the person may recover the amount with 25% damages and interest at the rate of 10% a month from the time of demand.
History: En. Sec. 4389, Pol. C. 1895; re-en. Sec. 3018, Rev. C. 1907; re-en. Sec. 4782, R.C.M. 1921; Cal. Pol. C. Sec. 4181; re-en. Sec. 4782, R.C.M. 1935; R.C.M. 1947, 16-2710; amd. Sec. 698, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 21. Sheriff's Office › 7-32-2131. Liability in civil actions

7-32-2131. Liability in civil actions.
(1) If the sheriff does not return a notice or process in the sheriff's possession with the necessary endorsement without delay, the sheriff is liable to the party aggrieved for $200 and for all damages sustained by the party.
(2) If the sheriff to whom a writ of execution or attachment is delivered neglects or refuses, after being required by the creditor or the creditor's attorney, to levy upon or sell any property of the party charged in the writ that is liable to be levied upon or sold, the sheriff is liable to the creditor for the value of the property.
(3) A direction or authority by a party or a party's attorney to a sheriff in respect to the execution of process or return of process or any act or omission relating to the process is not available to discharge or excuse the sheriff from a liability for neglect or misconduct unless it is contained in a writing signed by the attorney of the party or by the party.
(4) As used in this part, the following definitions apply:
(a) "Notice" includes all papers and orders, except process, required to be served in any proceeding before a court, board, or officer or required by law to be served independently of the proceeding.
(b) "Process" includes all writs, warrants, summons, and orders of courts of justice or judicial officers.
History: (1)En. Sec. 4387, Pol. C. 1895; re-en. Sec. 3016, Rev. C. 1907; re-en. Sec. 4780, R.C.M. 1921; Cal. Pol. C. Sec. 4179; re-en. Sec. 4780, R.C.M. 1935; Sec. 16-2708, R.C.M. 1947; (2)En. Sec. 4388, Pol. C. 1895; re-en. Sec. 3017, Rev. C. 1907; re-en. Sec. 4781, R.C.M. 1921; Cal. Pol. C. Sec. 4180; re-en. Sec. 4781, R.C.M. 1935; Sec. 16-2709, R.C.M. 1947; (3)En. Sec. 4393, Pol. C. 1895; re-en. Sec. 3022, Rev. C. 1907; re-en. Sec. 4786, R.C.M. 1921; Cal. Pol. C. Sec. 4185; re-en. Sec. 4786, R.C.M. 1935; amd. Sec. 1, Ch. 426, L. 1977; Sec. 16-2714, R.C.M. 1947; (4)En. Sec. 4380, Pol. C. 1895; re-en. Sec. 3009, Rev. C. 1907; re-en. Sec. 4773, R.C.M. 1921; Cal. Pol. C. Sec. 4175; re-en. Sec. 4773, R.C.M. 1935; Sec. 16-2701, R.C.M. 1947; R.C.M. 1947, 16-2701, 16-2708, 16-2709, 16-2714(part); amd. Sec. 699, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 21. Sheriff's Office › 7-32-2133. Qualifications for election or appointment to office of sheriff

7-32-2133. Qualifications for election or appointment to office of sheriff.
(1) In addition to meeting the qualifications for county office provided in 7-4-2201, a person is not eligible for the position of sheriff at the time of election or appointment unless the individual:
(a) is a high school graduate or has been issued a high school equivalency diploma by the superintendent of public instruction or by an appropriate issuing agency of another state or of the federal government;
(b) is at least 18 years of age;
(c) is a United States citizen;
(d) possesses or is eligible to possess a valid Montana driver's license;
(e) has not been convicted of a crime for which the person could have been imprisoned in a federal or state penitentiary; and
(f) is eligible to receive and disseminate criminal justice information through the criminal justice information network as defined in 44-2-301.
(2) An elected or appointed sheriff who fails to obtain access to the criminal justice information network as required in subsection (1)(f) forfeits office for failure to satisfactorily meet the qualifications required of a sheriff.
History: En. Sec. 1, Ch. 120, L. 2019.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 21. Sheriff's Office › 7-32-2141. Fees of sheriff

7-32-2141. Fees of sheriff.
(1) For the services provided in subsections (1)(a) through (1)(n), the sheriff shall receive the fees, if any, set by the county governing body. If fees have not been set by the county governing body, the sheriff shall receive the following:
(a) for the service of summons and complaint on each defendant, $5;
(b) for making a return of a summons for a person not found in the county, in addition to actual mileage traveled, $5;
(c) for levying and serving each writ of attachment of execution on real or personal property, $5;
(d) for service of attachment on the body or order of arrest on each defendant, $5;
(e) for the service of affidavit, order, and undertaking in claim and delivery, $5;
(f) for serving a subpoena, $2.50 for each witness summoned;
(g) for serving a writ of possession or restitution, $5;
(h) for trial of the right of property or damages, including all services except mileage, $7;
(i) for taking bond or undertaking in any case authorized by law, $5;
(j) for serving every notice, rule, or order, $5 for each person served;
(k) for a copy of any writ, process, or other paper when demanded or required by law, 25 cents for each page;
(l) for posting notices and advertising any property for sale on execution or under any judgment or order of sale, exclusive of cost of publication, $5;
(m) for holding any sheriff's sale for personal or real property on execution or under any judgment or order of sale, $7.50;
(n) for cancellation or postponement of sheriff's sale, $5.
(2) All fees collected by the sheriff for the services provided in subsection (1) must be paid to the county treasurer as provided in 7-4-2511(1), and the fees must be deposited by the county treasurer in the general fund of the county unless the county has instituted a public safety levy, in which case the fees must be deposited in the account established pursuant to 7-6-2513.
History: En. Sec. 4634, Pol. C. 1895; re-en. Sec. 3167, Rev. C. 1907; amd. Sec. 1, Ch. 111, L. 1919; re-en. Sec. 4916, R.C.M. 1921; amd. Sec. 1, Ch. 111, L. 1927; amd. Sec. 1, Ch. 89, L. 1929; amd. Sec. 1, Ch. 121, L. 1933; re-en. Sec. 4916, R.C.M. 1935; amd. Sec. 1, Ch. 139, L. 1937; amd. Sec. 4, Ch. 121, L. 1941; amd. Sec. 2, Ch. 59, L. 1949; amd. Sec. 2, Ch. 82, L. 1957; amd. Sec. 1, Ch. 343, L. 1975; amd. Sec. 8, Ch. 439, L. 1975; R.C.M. 1947, 25-226(1); amd. Sec. 1, Ch. 174, L. 1981; amd. Sec. 2, Ch. 372, L. 1989; amd. Sec. 2, Ch. 390, L. 1995.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 21. Sheriff's Office › 7-32-2142. Fees of sheriff for holding property

7-32-2142. Fees of sheriff for holding property.
For the expense in taking and keeping possession of and preserving property under attachment, execution, or other process, the sheriff shall receive such sum as the court or judge may order, not to exceed the actual expense incurred. No keeper must receive to exceed $10 per day, and no keeper must be employed without an order of court or be so employed unless the property is of such character as to need the personal attention and supervision of a keeper. No property shall be placed in charge of a keeper if it can be safely and securely stored or where there is no reasonable danger of loss.
History: En. Sec. 4634, Pol. C. 1895; re-en. Sec. 3167, Rev. C. 1907; amd. Sec. 1, Ch. 111, L. 1919; re-en. Sec. 4916, R.C.M. 1921; amd. Sec. 1, Ch. 111, L. 1927; amd. Sec. 1, Ch. 89, L. 1929; amd. Sec. 1, Ch. 121, L. 1933; re-en. Sec. 4916, R.C.M. 1935; amd. Sec. 1, Ch. 139, L. 1937; amd. Sec. 4, Ch. 121, L. 1941; amd. Sec. 2, Ch. 59, L. 1949; amd. Sec. 2, Ch. 82, L. 1957; amd. Sec. 1, Ch. 343, L. 1975; amd. Sec. 8, Ch. 439, L. 1975; R.C.M. 1947, 25-226(2).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 21. Sheriff's Office › 7-32-2144. Mileage and expenses of sheriff for delivery of prisoners and mentally ill persons

7-32-2144. Mileage and expenses of sheriff for delivery of prisoners and mentally ill persons.
(1) A sheriff delivering prisoners at the state prison or a juvenile correctional facility or mentally ill persons at the Montana state hospital or other mental health facility is entitled to actual expenses necessarily incurred in their transportation. The expenses include the expenses of the sheriff in going to and returning from the institution. The sheriff shall take vouchers for every item of expense. The amount of these expenses, as shown by the vouchers when presented by the sheriff, must be audited and allowed by the governor or by the board of county commissioners, as the case may be, and paid out of the same money and in the same manner as are other expense claims against the state or counties. No other compensation may be received by sheriffs for the expenses.
(2) Unless otherwise provided, while in the discharge of civil and criminal duties, the sheriff is entitled to a mileage allowance, as provided in 2-18-503. The sheriff must also be reimbursed for actual and necessarily incurred expenses for transporting, lodging, and feeding persons ordered by the court, as provided in 2-18-501 through 2-18-503. The county is not liable for and the board of county commissioners may not pay for any claim of the sheriff or other officer for any other expenses incurred in travel or for expenses in cases for which mileage is allowed under this section.
History: Ap. p. Sec. 1, Ch. 86, L. 1905; re-en. Sec. 3137, Rev. C. 1907; re-en. Sec. 4885, R.C.M. 1921; re-en. Sec. 4885, R.C.M. 1935; amd. Sec. 3, Ch. 121, L. 1941; amd. Sec. 1, Ch. 59, L. 1949; amd. Sec. 1, Ch. 82, L. 1957; amd. Sec. 85, Ch. 199, L. 1965; amd. Sec. 1, Ch. 455, L. 1973; amd. Sec. 98, Ch. 326, L. 1974; amd. Sec. 7, Ch. 439, L. 1975; Sec. 16-2723, R.C.M. 1947; Ap. p. Sec. 4634, Pol. C. 1895; re-en. Sec. 3167, Rev. C. 1907; amd. Sec. 1, Ch. 111, L. 1919; re-en. Sec. 4916, R.C.M. 1921; amd. Sec. 1, Ch. 111, L. 1927; amd. Sec. 1, Ch. 89, L. 1929; amd. Sec. 1, Ch. 121, L. 1933; re-en. Sec. 4916, R.C.M. 1935; amd. Sec. 1, Ch. 139, L. 1937; amd. Sec. 4, Ch. 121, L. 1941; amd. Sec. 2, Ch. 59, L. 1949; amd. Sec. 2, Ch. 82, L. 1957; amd. Sec. 1, Ch. 343, L. 1975; amd. Sec. 8, Ch. 439, L. 1975; Sec. 26-226, R.C.M. 1947; R.C.M. 1947, 16-2723, 26-226(part); amd. Sec. 7, Ch. 263, L. 1979; amd. Sec. 2, Ch. 446, L. 1979; amd. Sec. 1, Ch. 361, L. 1983; amd. Sec. 1, Ch. 371, L. 2001; amd. Sec. 2, Ch. 388, L. 2009.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 21. Sheriff's Office › 7-32-2145. Mileage and expenses of sheriff for return of fugitives

7-32-2145. Mileage and expenses of sheriff for return of fugitives.
For trips made for the return of fugitives apprehended and arrested outside the county, the sheriff shall receive the actual necessary expenses incurred in going for and returning with such fugitive. In determining the actual expense if travel is by a privately owned vehicle, the mileage rate shall be allowed as provided in 7-32-2143.
History: En. Sec. 4634, Pol. C. 1895; re-en. Sec. 3167, Rev. C. 1907; amd. Sec. 1, Ch. 111, L. 1919; re-en. Sec. 4916, R.C.M. 1921; amd. Sec. 1, Ch. 111, L. 1927; amd. Sec. 1, Ch. 89, L. 1929; amd. Sec. 1, Ch. 121, L. 1933; re-en. Sec. 4916, R.C.M. 1935; amd. Sec. 1, Ch. 139, L. 1937; amd. Sec. 4, Ch. 121, L. 1941; amd. Sec. 2, Ch. 59, L. 1949; amd. Sec. 2, Ch. 82, L. 1957; amd. Sec. 1, Ch. 343, L. 1975; amd. Sec. 8, Ch. 439, L. 1975; R.C.M. 1947, 25-226(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 22. Detention Centers › 7-32-2202. Use of detention center in contiguous county

7-32-2202. Use of detention center in contiguous county.
(1) When there is no detention center in the county or when the detention center becomes unfit or unsafe for the confinement of inmates, the district court judge may, by written appointment filed with the district court clerk, designate the detention center of a contiguous county for the confinement of the inmates of the judge's county and may at any time modify or annul the appointment.
(2) A copy of the appointment, certified by the clerk, must be served on the detention center administrator of each county involved, who must receive into the administrator's detention center all inmates authorized to be confined in the detention center pursuant to this section and who is responsible for the safekeeping of the persons committed in the same manner and to the same extent as if the administrator were the detention center administrator of the county for whose use the administrator's detention center is designated. With respect to the persons committed, the administrator is considered the detention center administrator of the county from which they were removed.
(3) When a detention center is erected in the county for the use of which the designation was made or its detention center is rendered fit and safe for the confinement of inmates, the district court judge of that county shall, by a written revocation filed with the clerk, declare that the necessity for the designation has ceased and that it is revoked.
(4) The clerk shall immediately serve a copy of the revocation upon the detention center administrator of each county involved. The detention center administrator in the designated county shall remove the inmates to the detention center from which they were removed.
History: En. Secs. 3028, 3029, 3030, 3031, Pen. C. 1895; re-en. Secs. 9765, 9766, 9767, 9768, Rev. C. 1907; re-en. Secs. 12474, 12475, 12476, 12477, R.C.M. 1921; Cal. Pen. C. Secs. 1603, 1604, 1605, 1606; re-en. Secs. 12474, 12475, 12476, 12477, R.C.M. 1935; R.C.M. 1947, 16-2810, 16-2811, 16-2812, 16-2813; amd. Sec. 11, Ch. 447, L. 1985; amd. Sec. 16, Ch. 461, L. 1989; amd. Sec. 701, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 22. Detention Centers › 7-32-2203. Who may be confined in a detention center

7-32-2203. Who may be confined in a detention center.
Detention centers are used as follows:
(1) for the detention of persons committed in order to secure their attendance as witnesses in criminal cases;
(2) for the detention of persons charged with crime and committed for trial;
(3) for the confinement of persons committed for contempt or upon civil process or by other authority of law;
(4) for the confinement of persons sentenced to imprisonment therein upon conviction of a crime;
(5) for the confinement of persons sentenced to the state prison, as agreed upon by the state and the administrator in charge of the detention center.
History: En. Sec. 3022, Pen. C. 1895; re-en. Sec. 9759, Rev. C. 1907; re-en. Sec. 12468, R.C.M. 1921; Cal. Pen. C. Sec. 1597; re-en. Sec. 12468, R.C.M. 1935; amd. Sec. 2, Ch. 193, L. 1973; R.C.M. 1947, 16-2803(part); amd. Sec. 17, Ch. 461, L. 1989.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 22. Detention Centers › 7-32-2204. Maintenance of detention center

7-32-2204. Maintenance of detention center.
The county commissioners, or the private party when provided in an agreement entered into under 7-32-2201(2), have the duty of building, operating, inspecting, and repairing the detention center and must take all necessary precautions against escape, sickness, or infection.
History: En. Sec. 3040, Pen. C. 1895; re-en. Sec. 9777, Rev. C. 1907; re-en. Sec. 12486, R.C.M. 1921; re-en. Sec. 12486, R.C.M. 1935; R.C.M. 1947, 16-2822; amd. Sec. 12, Ch. 447, L. 1985; amd. Sec. 18, Ch. 461, L. 1989.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 22. Detention Centers › 7-32-2205. Confinement of inmates

7-32-2205. Confinement of inmates.
The detention center administrator shall receive all persons committed to the detention center by competent authority and provide them with necessary food, clothing, and bedding.
History: En. Sec. 3036, Pen. C. 1895; re-en. Sec. 9773, Rev. C. 1907; re-en. Sec. 12482, R.C.M. 1921; Cal. Pen. C. Sec. 1611; re-en. Sec. 12482, R.C.M. 1935; amd. Sec. 1, Ch. 179, L. 1965; amd. Sec. 1, Ch. 203, L. 1967; amd. Sec. 2, Ch. 420, L. 1971; amd. Sec. 1, Ch. 435, L. 1973; R.C.M. 1947, 16-2818(part); amd. Sec. 13, Ch. 447, L. 1985; amd. Sec. 19, Ch. 461, L. 1989.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 22. Detention Centers › 7-32-2206. Repealed

7-32-2206. Repealed.
Sec. 31, Ch. 461, L. 1989.
History: (1)En. Sec. 1, Ch. 120, L. 1923; re-en. Sec. 12472.1, R.C.M. 1935; Sec. 16-2807, R.C.M. 1947; (2)En. Sec. 2, Ch. 120, L. 1923; amd. Sec. 1, Ch. 34, L. 1931; re-en. Sec. 12472.2, R.C.M. 1935; amd. Sec. 1, Ch. 253, L. 1969; amd. Sec. 1, Ch. 420, L. 1971; Sec. 16-2808, R.C.M. 1947; (3)En. Sec. 3027, Pen. C. 1895; re-en. Sec. 9764, Rev. C. 1907; re-en. Sec. 12473, R.C.M. 1921; Cal. Pen. C. Sec. 1602; re-en. Sec. 12473, R.C.M. 1935; Sec. 16-2809, R.C.M. 1947; R.C.M. 1947, 16-2807, 16-2808, 16-2809; amd. Sec. 1, Ch. 671, L. 1979; amd. Sec. 14, Ch. 447, L. 1985; amd. Sec. 1, Ch. 645, L. 1985.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 22. Detention Centers › 7-32-2207. Confinement of persons on civil process

7-32-2207. Confinement of persons on civil process.
(1) Whenever a person is committed upon process in a civil action or proceeding, except when the state is a party to the action, the detention center administrator is not bound to receive the person unless security is given on the part of the party at whose instance the process is issued. The security must be a deposit of money, to meet the expenses for the person's necessary food, clothing, and bedding. The detention center administrator is not required to detain the person any longer than the period for which these expenses are provided.
(2) This section does not apply to cases in which a party is committed as a punishment for disobedience to the mandates, process, writs, or orders of court.
History: En. Sec. 3037, Pen. C. 1895; re-en. Sec. 9774, Rev. C. 1907; re-en. Sec. 12483, R.C.M. 1921; Cal. Pen. C. Sec. 1612; re-en. Sec. 12483, R.C.M. 1935; R.C.M. 1947, 16-2819; amd. Sec. 15, Ch. 447, L. 1985; amd. Sec. 20, Ch. 461, L. 1989; amd. Sec. 702, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 22. Detention Centers › 7-32-2208. Actual confinement of inmates required

7-32-2208. Actual confinement of inmates required.
An inmate committed to a detention center for trial or examination or, except as provided in 7-32-2225 through 7-32-2227, a prisoner convicted must be actually confined in the detention center until the inmate or prisoner is legally discharged.
History: En. Sec. 3025, Pen. C. 1895; re-en. Sec. 9762, Rev. C. 1907; re-en. Sec. 12471, R.C.M. 1921; Cal. Pen. C. Sec. 1600; re-en. Sec. 12471, R.C.M. 1935; R.C.M. 1947, 16-2806; amd. Sec. 4, Ch. 361, L. 1989; amd. Sec. 21, Ch. 461, L. 1989; amd. Sec. 703, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 22. Detention Centers › 7-32-2209. Repealed

7-32-2209. Repealed.
Sec. 31, Ch. 461, L. 1989.
History: En. Sec. 3036, Pen. C. 1895; re-en. Sec. 9773, Rev. C. 1907; re-en. Sec. 12482, R.C.M. 1921; Cal. Pen. C. Sec. 1611; re-en. Sec. 12482, R.C.M. 1935; amd. Sec. 1, Ch. 179, L. 1965; amd. Sec. 1, Ch. 203, L. 1967; amd. Sec. 2, Ch. 420, L. 1971; amd. Sec. 1, Ch. 435, L. 1973; R.C.M. 1947, 16-2818(part); amd. Sec. 2, Ch. 671, L. 1979; amd. Sec. 16, Ch. 447, L. 1985; amd. Sec. 2, Ch. 645, L. 1985.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 22. Detention Centers › 7-32-2210. Repealed

7-32-2210. Repealed.
Sec. 31, Ch. 461, L. 1989.
History: En. Sec. 3035, Pen. C. 1895; re-en. Sec. 9772, Rev. C. 1907; re-en. Sec. 12481, R.C.M. 1921; Cal. Pen. C. Sec. 1610; re-en. Sec. 12481, R.C.M. 1935; R.C.M. 1947, 16-2817.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 22. Detention Centers › 7-32-2211. Service of papers upon detention center administrator for inmate

7-32-2211. Service of papers upon detention center administrator for inmate.
A detention center administrator who is served with a paper in a judicial proceeding that is directed to an inmate in the administrator's custody shall immediately deliver it to the inmate.
History: En. Sec. 3034, Pen. C. 1895; re-en. Sec. 9771, Rev. C. 1907; re-en. Sec. 12480, R.C.M. 1921; Cal. Pen. C. Sec. 1609; re-en. Sec. 12480, R.C.M. 1935; R.C.M. 1947, 16-2816; amd. Sec. 22, Ch. 461, L. 1989; amd. Sec. 704, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 22. Detention Centers › 7-32-2212. Repealed

7-32-2212. Repealed.
Sec. 31, Ch. 461, L. 1989.
History: En. Sec. 3041, Pen. C. 1895; re-en. Sec. 9778, Rev. C. 1907; re-en. Sec. 12487, R.C.M. 1921; re-en. Sec. 12487, R.C.M. 1935; R.C.M. 1947, 16-2823; amd. Sec. 17, Ch. 447, L. 1985.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 22. Detention Centers › 7-32-2213. Repealed

7-32-2213. Repealed.
Sec. 31, Ch. 461, L. 1989.
History: En. Sec. 1, Ch. 93, L. 1909; re-en. Sec. 3070, R.C.M. 1921; re-en. Sec. 3070, R.C.M. 1935; R.C.M. 1947, 41-1106.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 22. Detention Centers › 7-32-2221. Repealed

7-32-2221. Repealed.
Sec. 31, Ch. 461, L. 1989.
History: En. Secs. 3023, 3024, Pen. C. 1895; re-en. Secs. 9760, 9761, Rev. C. 1907; re-en. Secs. 12469, 12470, R.C.M. 1921; Cal. Pen. C. Secs. 1598, 1599; re-en. Secs. 12469, 12470, R.C.M. 1935; R.C.M. 1947, 16-2804, 16-2805; amd. Sec. 1, Ch. 82, L. 1983; amd. Sec. 18, Ch. 447, L. 1985; amd. Sec. 12, Ch. 475, L. 1987; amd. Sec. 1, Ch. 434, L. 1989.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 22. Detention Centers › 7-32-2222. Health and safety of inmates

7-32-2222. Health and safety of inmates.
(1) Each detention center shall comply with state and local fire codes for correctional occupancy and with sanitation, safety, and health codes.
(2) Designated exits must permit prompt evacuation of inmates and detention center staff in an emergency.
(3) When there is good reason to believe that the inmates may be injured or endangered, the detention center administrator shall remove them to a safe and convenient place and confine them there as long as necessary to avoid the danger.
History: (1)En. Sec. 3032, Pen. C. 1895; re-en. Sec. 9769, Rev. C. 1907; re-en. Sec. 12478, R.C.M. 1921; Cal. Pen. C. Sec. 1607; re-en. Sec. 12478, R.C.M. 1935; Sec. 16-2814, R.C.M. 1947; (2)En. Sec. 3033, Pen. C. 1895; re-en. Sec. 9770, Rev. C. 1907; re-en. Sec. 12479, R.C.M. 1921; Cal. Pen. C. Sec. 1608; re-en. Sec. 12479, R.C.M. 1935; Sec. 16-2815, R.C.M. 1947; (3)En. Sec. 3036, Pen. C. 1895; re-en. Sec. 9773, Rev. C. 1907; re-en. Sec. 12482, R.C.M. 1921; Cal. Pen. C. Sec. 1611; re-en. Sec. 12482, R.C.M. 1935; amd. Sec. 1, Ch. 179, L. 1965; amd. Sec. 1, Ch. 203, L. 1967; amd. Sec. 2, Ch. 420, L. 1971; amd. Sec. 1, Ch. 435, L. 1973; Sec. 16-2818, R.C.M. 1947; R.C.M. 1947, 16-2814, 16-2815, 16-2818(part); amd. Sec. 19, Ch. 447, L. 1985; amd. Sec. 23, Ch. 461, L. 1989; amd. Sec. 1, Ch. 262, L. 1991; amd. Sec. 1, Ch. 768, L. 1991; amd. Sec. 1, Ch. 388, L. 1995; amd. Sec. 31, Ch. 546, L. 1995; amd. Sec. 1, Ch. 579, L. 2003.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 22. Detention Centers › 7-32-2223. Repealed

7-32-2223. Repealed.
Sec. 31, Ch. 461, L. 1989.
History: En. Secs. 3038, 3039, Pen. C. 1895; re-en. Secs. 9775, 9776, Rev. C. 1907; re-en. Secs. 12484, 12485, R.C.M. 1921; Cal. Pen. C. Secs. 1613, 1614; re-en. Secs. 12484, 12485, R.C.M. 1935; R.C.M. 1947, 16-2820, 16-2821.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 22. Detention Centers › 7-32-2224. Payment of medical costs by entities other than inmate

7-32-2224. Payment of medical costs by entities other than inmate.
(1) The detention center administrator shall forward to the appropriate arresting agency all charges for medical treatment for which the agency is responsible.
(2) When the inmate is in the custody of a county detention center and the detention center administrator determines that the inmate requires medical treatment, the county or the arresting agency is responsible for medical costs associated with:
(a) conditions that are not preexisting;
(b) injuries incurred by the inmate:
(i) while in the custody of the detention center if the injuries are the result of an accident, an assault by another inmate, or negligent or intentionally torturous acts committed by the detention center administrator or the administrator's staff;
(ii) during the arrest of the inmate by the sheriff or the sheriff's staff if the injuries were not incurred while unlawfully resisting arrest; or
(iii) while on a work program or while the inmate is performing duties assigned by the detention center administrator or the administrator's staff;
(c) infections or contagious or communicable diseases that the inmate contracts while in the custody of the detention center; or
(d) medical examinations that are required by law or court order unless the order provides otherwise.
(3) In order to determine which entity is responsible for medical charges that are not the responsibility of the inmate, the following applies:
(a) If the arresting agency is a law enforcement agency whose jurisdiction is limited to the county boundaries of the county or a municipality in the county where the detention center is located, then the county is responsible.
(b) If the arresting agency is a law enforcement agency with statewide jurisdiction or whose jurisdiction is a county or municipality in a county other than the county where the detention center is located, then the arresting agency is responsible.
(c) If a municipality commits a person to the detention center of the county in which the municipality is located for a reason other than detention pending trial for or detention for service of a sentence for violating an ordinance of that municipality, then the county in which the municipality is located is responsible.
(4) For the purposes of 7-32-2245 and this section, "preexisting condition" means an illness or condition that began or injuries that were sustained before a person was in the custody of county officers.
History: En. Sec. 3, Ch. 579, L. 2003.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 22. Detention Centers › 7-32-2225. County jail work program

7-32-2225. County jail work program.
(1) A county may operate a county jail work program. The program may be established to allow jail inmates convicted of nonviolent offenses to serve a sentence of imprisonment in the county jail by performing county work without actual physical confinement in the county jail.
(2) A participant in a county jail work program is considered to be in confinement for the purposes of laws relating to confinement in jail, sentencing, and length of imprisonment.
(3) A county jail work program may be established in addition to any county jail labor, rehabilitation, or other program, including the authority of the board of county commissioners to require persons confined to the county jail to perform labor.
History: En. Sec. 1, Ch. 361, L. 1989.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 22. Detention Centers › 7-32-2226. Operation of county jail work program

7-32-2226. Operation of county jail work program.
(1) If a county establishes a county jail work program, it must be authorized by the board of county commissioners and supervised by the county sheriff. The sheriff may permit persons eligible under the provisions of 7-32-2227 to work on public projects as designated by the board of county commissioners. Upon a request of a federal or state agency, city government, or nonprofit corporation and upon mutually agreeable terms or on their own action for county projects, the board of county commissioners may designate projects as public projects for purposes of this section. A person participating in a county jail work program may not:
(a) have the person's labor or other work contracted out to a private party;
(b) be required to do labor or other work that furthers the private interests of a government employee or official;
(c) be permitted or required to do labor or other work that relates to anything other than public projects, public services, or other public matters;
(d) be used to displace any regular government employee;
(e) perform the duties of any vacant government position; or
(f) work on any construction or reconstruction project.
(2) A county may not reduce its current workforce in order to transfer the duties of a reduction to persons participating in a county jail work program.
(3) A person participating in a county work program may not be physically confined in the county jail during the course of the person's participation. The person may not be required to perform county work in excess of 8 hours each calendar day. Each calendar day in which a person has participated in a county jail work program is 2 days of incarceration for the purposes of serving a sentence of imprisonment.
(4) The sheriff, in conjunction with the board of county commissioners, shall establish a written policy on how jail inmates may volunteer for participation in the county work program and what criteria the sheriff shall use to choose volunteers if there are more eligible persons volunteering than are needed in the program.
(5) In order to ensure public safety, the sheriff may deny a person permission to participate in the program and may revoke a person's permission to participate at any time.
(6) A person participating in a program is under official detention as that term is used in defining the crime of escape in 45-7-306. An unexcused failure to appear for work at a time and place scheduled for participation in a program constitutes the offense of escape.
(7) Weed management, as defined in 7-22-2101, whether on public or private land, and other maintenance projects authorized by a board of county commissioners are county projects for purposes of 7-32-2225 through 7-32-2227.
History: En. Sec. 2, Ch. 361, L. 1989; amd. Sec. 2, Ch. 203, L. 2001; amd. Sec. 1, Ch. 414, L. 2005.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 22. Detention Centers › 7-32-2227. Inmate eligibility for participation

7-32-2227. Inmate eligibility for participation.
A person may be permitted to participate in a county jail work program if the person:
(1) has been sentenced to the county jail for an offense and is not confined in the county jail upon process in a civil action or prior to examination or trial;
(2) is not serving a sentence for homicide, robbery, sexual intercourse without consent, arson, burglary, kidnapping, escape, assault, partner or family member assault, incest, or any other offense in which violence is an element of the crime or for an offense during the course of which bodily injury occurred;
(3) was not prohibited from participating in the county work program by the sentencing judge, magistrate, or justice of the peace or by the judge's, magistrate's, or justice's successor; and
(4) has applied to participate to the county sheriff and the sheriff, pursuant to written policy, has approved the participation.
History: En. Sec. 3, Ch. 361, L. 1989; amd. Sec. 2, Ch. 350, L. 1995.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 22. Detention Centers › 7-32-2231. Purpose to allow private industry involvement

7-32-2231. Purpose to allow private industry involvement.
It is the purpose of 7-32-2231 through 7-32-2234 to allow multijurisdictional or single-jurisdiction detention centers to be built by private industry and leased to the participating local government or governments for operation by the local government, collectively by participating local governments, or by a private entity with the concurrence of the local governments involved.
History: En. Sec. 1, Ch. 447, L. 1985; amd. Sec. 24, Ch. 461, L. 1989.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 22. Detention Centers › 7-32-2232. Detention centers -- contracts with private parties

7-32-2232. Detention centers -- contracts with private parties.
(1) The term of an agreement under 7-32-2201 with a private party may not exceed 3 years.
(2) The agreement must include:
(a) detailed standards for the operation of the detention center and the incarceration of inmates;
(b) a performance bond from the private party acceptable to the local government;
(c) a promise from the private party to indemnify the local government for any damages for which the local government is found liable as a result of the operation of the detention center;
(d) a provision that the private party must purchase liability insurance in an amount acceptable to the local government;
(e) minimum standards for the training of detention center staff and a provision that the private party will ensure such training; and
(f) a provision that the local government may immediately terminate the contract for good cause.
(3) The provisions of Title 7 relating to bids for local government contracts and purchases do not apply to a contract entered into under 7-32-2201 and this section.
History: En. Sec. 2, Ch. 447, L. 1985; amd. Secs. 25, 30, Ch. 461, L. 1989.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 22. Detention Centers › 7-32-2233. Requests for contract proposals

7-32-2233. Requests for contract proposals.
(1) A local government seeking to enter into a contract under 7-32-2201 and 7-32-2232 may publish a request for proposals. The request for proposals must be published in a newspaper of general circulation in the county once a week for 3 successive weeks and must include information concerning the type of detention center services required.
(2) Requests for proposals must be sent to persons who have previously requested that their names be placed on a list of persons providing detention center services. The Montana board of crime control shall maintain a list of persons providing detention center services and furnish the list to a local government upon request.
(3) In selecting a proposal and awarding a contract, a local government need not accept the proposal with the lowest cost.
(4) The local government must base its selection on demonstrated competence, knowledge and qualifications, the reasonableness of the services proposed, and the reasonableness of the proposed contract price for the detention center services.
(5) A copy of all proposals must be kept available for public inspection in the office of the county clerk and recorder.
(6) The local government must give specific reasons for its selection of a proposal. The reasons must be recorded in the minutes of the governing body of the local government.
History: En. Sec. 3, Ch. 447, L. 1985; amd. Sec. 26, Ch. 461, L. 1989.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 22. Detention Centers › 7-32-2234. Powers of detention center administrators

7-32-2234. Powers of detention center administrators.
A detention center administrator is responsible for the immediate management and control of the detention center subject to general policies and programs established pursuant to the agreement provided for in 7-32-2201(2) and any applicable interlocal agreement. The powers of an administrator and detention center personnel employed under the administrator's authority include control over inmates:
(1) within the confines and grounds of the detention center; and
(2) outside the detention center confines and grounds while transporting any inmate or in the hot pursuit or apprehension of any escapee.
History: En. Sec. 4, Ch. 447, L. 1985; amd. Sec. 27, Ch. 461, L. 1989; amd. Sec. 705, Ch. 61, L. 2007.