reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 4. Miscellaneous Functions of Department of Justice › Part 4. Montana Public Safety Officer Standards and Training Council › 44-4-401. Definitions

44-4-401. Definitions.
For the purposes of this part, the following definitions apply:
(1) "Council" means the Montana public safety officer standards and training council established in 2-15-2029.
(2) "Public safety officer" means:
(a) a corrections officer who is employed by the department of corrections, established in 2-15-2301, and who has full-time or part-time authority or responsibility for maintaining custody of inmates in a state correctional facility for adults or juveniles;
(b) a detention officer who is employed by a county and who has full-time or part-time authority or responsibility for maintaining custody of inmates in a detention center, as defined in 7-32-2241, or a youth detention facility, as defined in 41-5-103;
(c) a peace officer, as defined in 46-1-202;
(d) a department of transportation employee appointed as a peace officer pursuant to 61-12-201;
(e) a law enforcement officer or reserve officer, as the terms are defined in 7-32-201;
(f) a public safety communications officer, as defined in 7-31-201;
(g) a probation or parole officer who is employed by the department of corrections pursuant to 46-23-1002;
(h) a person subject to training requirements pursuant to 44-2-113 or 44-4-902; and
(i) any other person required by law to meet the qualification or training standards established by the council.
History: En. Sec. 2, Ch. 506, L. 2007.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 4. Miscellaneous Functions of Department of Justice › Part 4. Montana Public Safety Officer Standards and Training Council › 44-4-402. Membership -- composition

44-4-402. Membership -- composition.
(1) The council consists of no more than 13 voting members appointed by the governor in accordance with 2-15-124 and as provided in this section.
(2) Membership must include:
(a) one state government law enforcement representative;
(b) one chief of police, who may be appointed based on recommendations from the Montana association of chiefs of police;
(c) one sheriff, who may be appointed based on recommendations from the Montana sheriffs and peace officers association;
(d) one representative from the department of corrections established in 2-15-2301;
(e) one local law enforcement officer in a nonadministrative position, who may be appointed based on recommendations from the Montana police protective association;
(f) one detention center administrator or detention officer;
(g) one Montana-certified tribal law enforcement representative;
(h) one county attorney, who may be appointed based on recommendations from the Montana county attorneys association;
(i) two members of the board of crime control established in 2-15-2008;
(j) one misdemeanor probation officer, as defined in 46-23-1001, who is certified by the Montana public safety officer standards and training council and who may be appointed based on recommendations from an association representing misdemeanor probation officers; and
(k) two Montana citizens at large who are informed and experienced in the subject of law enforcement.
History: En. Sec. 3, Ch. 506, L. 2007; amd. Sec. 1, Ch. 684, L. 2023.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 4. Miscellaneous Functions of Department of Justice › Part 4. Montana Public Safety Officer Standards and Training Council › 44-4-403. Council duties -- determinations -- appeals

44-4-403. Council duties -- determinations -- appeals.
(1) The council shall:
(a) establish basic and advanced qualification and training standards for employment;
(b) conduct and approve training; and
(c) provide for the certification or recertification of public safety officers and for the suspension or revocation of certification of public safety officers.
(2) The council may waive or modify a qualification or training standard for good cause.
(3) The council may not revoke a public safety officer's certification solely on the basis of a public safety officer's mental illness unless, due to the mental illness, a physical or mental condition exists that, even with reasonable accommodation:
(a) substantially limits the officer's ability to perform the essential duties of a public safety officer; or
(b) poses a direct threat to the health and safety of the public or fellow public safety officers.
(4) A person who has been denied certification or recertification or whose certification or recertification has been suspended or revoked is entitled to a contested case hearing before the council pursuant to Title 2, chapter 4, part 6. A decision of the council is a final agency decision subject to judicial review.
(5) The council is designated as a criminal justice agency within the meaning of 44-5-103 for the purpose of obtaining and retaining confidential criminal justice information, as defined in 44-5-103, regarding public safety officers in order to provide for the certification or recertification of a public safety officer and for the suspension or revocation of certification of a public safety officer. The council may not record or retain any confidential criminal justice information without complying with the provisions of the Montana Criminal Justice Information Act of 1979 provided for in Title 44, chapter 5.
History: En. Sec. 4, Ch. 506, L. 2007; amd. Sec. 2, Ch. 196, L. 2015; amd. Sec. 1, Ch. 83, L. 2021; amd. Sec. 1, Ch. 544, L. 2023.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 4. Miscellaneous Functions of Department of Justice › Part 4. Montana Public Safety Officer Standards and Training Council › 44-4-404. Appointing authority responsible for applying standards

44-4-404. Appointing authority responsible for applying standards.
(1) It is the responsibility of a public safety officer's appointing authority to apply the employment standards and training criteria established by the council pursuant to this part, including but not limited to requiring the successful completion of minimum training standards within 1 year of the public safety officer's hire date and terminating the employment of a public safety officer for failure to meet the minimum standards established by the council pursuant to this part.
(2) (a) A public safety officer's appointing authority may apply to the council on behalf of the public safety officer for an extension to complete the minimum training standards. The extension may not exceed 180 days. The application must explain the circumstances that make the extension necessary.
(b) When granting an extension, the council may consider the following factors:
(i) illness of the public safety officer or a member of the public safety officer's immediate family;
(ii) lack of reasonable access to the basic equivalency course;
(iii) an unreasonable shortage of personnel in the public safety officer's department; and
(iv) any other factors the council considers relevant.
(3) (a) If a public safety officer who has not yet completed the minimum training standards is ordered to state or federal military duty within 1 year of the officer's hire date, the officer's employing agency shall notify the council within 10 days of the officer's departure for military duty. The public safety officer's 1-year period to complete minimum training standards must be stayed.
(b) Within 10 days of the public safety officer's return to the employing agency from military duty, the officer's employing agency shall notify the council. The public safety officer's 1-year period to complete minimum training standards must then resume.
History: En. Sec. 5, Ch. 506, L. 2007; amd. Sec. 1, Ch. 9, L. 2023; amd. Sec. 1, Ch. 10, L. 2023.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 4. Miscellaneous Functions of Department of Justice › Part 4. Montana Public Safety Officer Standards and Training Council › 44-4-408. Investigations report

44-4-408. Investigations report.
Starting October 1, 2023, and each quarter after, the council shall provide a written report on pending investigations to the law and justice interim committee in accordance with 5-11-210. The report must protect the privacy rights of the individuals involved and must provide for each investigation:
(1) when it was opened;
(2) the process that remains to be completed; and
(3) the likely timing for resolution of the investigation.
History: En. Sec. 1, Ch. 531, L. 2023.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 4. Miscellaneous Functions of Department of Justice › Part 9. Railroad Corporation Special Peace Officers › 44-4-901. Attorney general -- appointment of special peace officers

44-4-901. Attorney general -- appointment of special peace officers.
The attorney general may appoint special peace officers as provided in this part.
History: En. Sec. 1, Ch. 552, L. 1987.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 4. Miscellaneous Functions of Department of Justice › Part 9. Railroad Corporation Special Peace Officers › 44-4-902. Application for appointment

44-4-902. Application for appointment.
A class I railroad corporation, as defined by the interstate commerce commission in part 1201 of 49 CFR, desiring the appointment of an officer or employee as a special peace officer shall apply to the attorney general. The application must state the name, age, and place of residence of the person applying for appointment. The applicant must have at least 3 years of experience as a class I railroad peace officer or have completed a training course at an approved law enforcement academy, or meet the qualifications described in 7-32-303 and adopted pursuant to Title 44, chapter 4, part 4. The application must be signed by the applicant and a managing officer of the railroad corporation. The managing officer signing the application shall at the same time submit an affidavit to the effect that the officer is acquainted with the person seeking appointment, that the officer believes the applicant to be of good moral character, and that the applicant is of good moral character and has experience such that the applicant can be safely entrusted with the powers and duties of a special peace officer.
History: En. Sec. 2, Ch. 552, L. 1987; amd. Sec. 18, Ch. 506, L. 2007.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 4. Miscellaneous Functions of Department of Justice › Part 9. Railroad Corporation Special Peace Officers › 44-4-903. Limitations on special peace officer

44-4-903. Limitations on special peace officer.
A person appointed and sworn as a special peace officer must when on duty have the power and authority of a peace officer but may exercise the power and authority only in the protection of the property of the class I railroad corporation employing the person.
History: En. Sec. 3, Ch. 552, L. 1987; amd. Sec. 1625, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 4. Miscellaneous Functions of Department of Justice › Part 9. Railroad Corporation Special Peace Officers › 44-4-904. Responsibility of corporation

44-4-904. Responsibility of corporation.
The class I railroad corporation employing a special peace officer is solely responsible for the compensation of the special peace officer and is civilly liable for any action of the officer arising out of the officer's actions as a special peace officer. The class I railroad corporation employing a special peace officer shall hold the state, its subdivisions, and the officers and employees of the state and its subdivisions harmless and indemnify them from any claim or liability, including costs and attorney fees, arising out of any action of a special peace officer or the certification of the special peace officer by the state.
History: En. Sec. 4, Ch. 552, L. 1987; amd. Sec. 1626, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 4. Miscellaneous Functions of Department of Justice › Part 10. Methamphetamine Watch Program › 44-4-1001. Definitions

44-4-1001. Definitions.
For the purposes of this part, the following definitions apply:
(1) "Department" means the department of justice provided for in 2-15-2001.
(2) "Program" means the methamphetamine watch program established under this part.
(3) "Retailer" means a business establishment in this state that engages in over-the-counter retail sales of any product containing ephedrine or pseudoephedrine or a precursor to methamphetamine.
History: En. Sec. 3, Ch. 572, L. 2005.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 4. Miscellaneous Functions of Department of Justice › Part 10. Methamphetamine Watch Program › 44-4-1002. Establishment of methamphetamine watch program

44-4-1002. Establishment of methamphetamine watch program.
The department shall establish a methamphetamine watch program to:
(1) inform retailers of the problems associated with the illicit manufacture and use of methamphetamine in this state;
(2) establish procedures and develop forms for retailers and other persons to use in reporting to law enforcement any incidents of theft, suspicious purchases, or other transactions involving products that may be used in the illicit manufacture of methamphetamine;
(3) increase community awareness of methamphetamine;
(4) encourage retailers, law enforcement, state and local agencies, and other persons to cooperate in efforts to reduce the diversion of legitimate products for use in the illicit manufacture of methamphetamine; and
(5) assist local communities in addressing problems created by the illicit manufacture and use of methamphetamine.
History: En. Sec. 4, Ch. 572, L. 2005.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 4. Miscellaneous Functions of Department of Justice › Part 10. Methamphetamine Watch Program › 44-4-1003. Retailer participation

44-4-1003. Retailer participation.
(1) Retailer participation in the program is voluntary.
(2) A retailer participating in the program shall make reasonable efforts to deter the theft or improper sale of products used in the illicit manufacture of methamphetamine, including products containing ephedrine and pseudoephedrine, by:
(a) implementing product management practices that deter theft or suspicious purchases of the products, including placing signs at strategic locations within the retail establishment to inform patrons of the retailer's participation in the program; and
(b) providing annual personnel training on products used in the illicit manufacture of methamphetamine and procedures to follow on observing theft or suspicious purchases of those products.
History: En. Sec. 5, Ch. 572, L. 2005.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 4. Miscellaneous Functions of Department of Justice › Part 10. Methamphetamine Watch Program › 44-4-1004. Grants

44-4-1004. Grants.
(1) The department shall provide grants for public and private organizations to engage in initiatives designed to support the program. The grant recipient may use grant money only to pay for activities directly related to the purpose of the initiative to support the program.
(2) The department may accept gifts, grants, donations, and other contributions for the purpose of providing grants.
History: En. Sec. 6, Ch. 572, L. 2005.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 4. Miscellaneous Functions of Department of Justice › Part 10. Methamphetamine Watch Program › 44-4-1005. Reporting -- immunity from liability

44-4-1005. Reporting -- immunity from liability.
A person may not be held liable for any damages arising from an act relating to the reporting of information made in good faith and in substantial compliance with the reporting procedures established under 44-4-1002.
History: En. Sec. 7, Ch. 572, L. 2005.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 4. Miscellaneous Functions of Department of Justice › Part 11. Water Right Enforcement › 44-4-1101. Water right enforcement account -- statutory appropriation

44-4-1101. Water right enforcement account -- statutory appropriation.
(1) There is a water right enforcement account in the state special revenue fund.
(2) Fines collected pursuant to 85-2-122(3)(b) must be deposited in the water right enforcement account.
(3) The money in the account is statutorily appropriated, as provided in 17-7-502, to the department of justice to enforce the provisions of 85-2-114.
History: En. Sec. 5, Ch. 103, L. 2009.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 4. Miscellaneous Functions of Department of Justice › Part 11. Water Right Enforcement › 44-4-1102. Water right enforcement program

44-4-1102. Water right enforcement program.
There is a water right enforcement program in the department of justice. The program staff may enforce the provisions of 85-2-114. The program is under the supervision and control of the attorney general.
History: En. Sec. 6, Ch. 103, L. 2009.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 4. Miscellaneous Functions of Department of Justice › Part 12. Montana 24/7 Sobriety and Drug Monitoring Program Act › 44-4-1201. Short title

44-4-1201. Short title.
This part may be cited as the "Montana 24/7 Sobriety and Drug Monitoring Program Act".
History: En. Sec. 1, Ch. 318, L. 2011; amd. Sec. 1, Ch. 309, L. 2013.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 4. Miscellaneous Functions of Department of Justice › Part 12. Montana 24/7 Sobriety and Drug Monitoring Program Act › 44-4-1204. Rulemaking -- testing fee

44-4-1204. Rulemaking -- testing fee.
The attorney general shall adopt rules to implement this part. The rules must:
(1) provide for the nature and manner of testing and the procedures and apparatus to be used for testing;
(2) establish reasonable participation and testing fees for the program, including the collection of fees to pay the cost of installation, monitoring, and deactivation of any testing device;
(3) provide for the establishment and use of local accounts for the deposit of fees collected pursuant to these rules; and
(4) require and provide for the approval of a sobriety program data management technology plan that must be used by the department and participating law enforcement agencies to manage testing, data access, fees and fee payments, and any required reports.
History: En. Sec. 4, Ch. 318, L. 2011; amd. Sec. 4, Ch. 309, L. 2013.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 4. Miscellaneous Functions of Department of Justice › Part 12. Montana 24/7 Sobriety and Drug Monitoring Program Act › 44-4-1206. Collection, distribution, and use of testing fees

44-4-1206. Collection, distribution, and use of testing fees.
The law enforcement agency of a county in which a sobriety program exists shall collect the testing fee required by the rules of the department and deposit the fees into the local sobriety program account established pursuant to department rules. The fee must be distributed according to those rules to the proper entity for use by the law enforcement agency or the law enforcement agency's designee pursuant to the terms determined by the law enforcement agency in accordance with the provisions of this part and the rules implementing this part.
History: En. Sec. 6, Ch. 318, L. 2011; amd. Sec. 6, Ch. 309, L. 2013.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 4. Miscellaneous Functions of Department of Justice › Part 15. Human Trafficking › 44-4-1501. Human trafficking hotline -- creation of poster -- rulemaking

44-4-1501. Human trafficking hotline -- creation of poster -- rulemaking.
(1) (a) The department of justice shall create a poster that provides information regarding the national human trafficking resource center hotline. The poster must be at least 8 1/2 inches by 11 inches in size, must include, if available, a quick response code that is provided by the national human trafficking resource center for access by mobile devices, and must include the following statement: "If you or someone you know is being forced to engage in any activity and cannot leave--whether it is commercial sex, housework, farm work, or any other activity--call the National Human Trafficking Resource Center Hotline at 1-888-373-7888 to access help and services.
Victims of human trafficking are protected under U.S. and Montana law.
The toll-free hotline is:
- Available 24 hours a day, 7 days a week;
- Toll-free;
- Operated by a nonprofit, nongovernmental organization;
- Anonymous and confidential;
- Accessible in 170 languages; and
- Able to provide help, referral to services, training, and general information."
(b) The statement provided in subsection (1)(a) must appear on each poster in English, Spanish, and any other language that is required for voting materials under the federal Voting Rights Act, 52 U.S.C. 10503.
(2) (a) The department of justice shall provide a copy of the poster to persons and entities that the department of justice determines by rule should receive the poster.
(b) The department shall make a copy of the poster available for print on its website.
(3) The department of justice shall request that any person or entity receiving a copy of the poster display the poster in a location that is accessible to employees and members of the public.
History: En. Sec. 1, Ch. 223, L. 2013; amd. Sec. 9, Ch. 14, L. 2021.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 4. Miscellaneous Functions of Department of Justice › Part 15. Human Trafficking › 44-4-1502. Eligibility for benefit or service

44-4-1502. Eligibility for benefit or service.
(1) A victim of human trafficking is eligible for a benefit or service available through the state, including compensation under Title 53, chapter 9, part 1, regardless of immigration status.
(2) A child who has engaged in commercial sexual activity is eligible for a benefit or service available through the state, including compensation under Title 53, chapter 9, part 1, regardless of immigration status or factors described in 53-9-125.
(3) As soon as practicable after a first encounter with a person who reasonably appears to be a victim of human trafficking or a child who has engaged in commercial sexual activity, law enforcement shall notify the appropriate state agency that the person may be eligible for a benefit or service under the laws of this state.
(4) For the purposes of this part, the terms "commercial sexual activity" and "human trafficking" have the meanings provided in 45-5-701.
History: En. Sec. 12, Ch. 285, L. 2015.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 4. Miscellaneous Functions of Department of Justice › Part 15. Human Trafficking › 44-4-1503. Law enforcement protocol

44-4-1503. Law enforcement protocol.
(1) On request from a person who a law enforcement officer reasonably believes is a victim who is or has been subjected to a severe form of trafficking or criminal offense required for the person to qualify for a nonimmigrant T or U visa under 8 U.S.C. 1101(a)(15)(T) or 8 U.S.C. 1101(a)(15)(U) or for continued presence under 22 U.S.C. 7105(c)(3), the law enforcement officer, as soon as practicable after receiving the request, shall complete, sign, and give to the person the Form I-914B or Form I-918B provided by the United States citizenship and immigration services on its website and ask a federal law enforcement officer to request continued presence.
(2) If the law enforcement agency determines that a person does not meet the requirements for the agency to comply with subsection (1), the agency shall inform the person of the reason and that the person may make another request and submit additional evidence satisfying the requirements.
History: En. Sec. 13, Ch. 285, L. 2015.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 4. Miscellaneous Functions of Department of Justice › Part 15. Human Trafficking › 44-4-1504. Human trafficking education account

44-4-1504. Human trafficking education account.
There is a human trafficking education account in the state special revenue fund for the purposes of preventing and detecting human trafficking. Money in this account may be expended by the department of justice to raise awareness about human trafficking and educate the public and law enforcement on how to prevent and detect human trafficking in this state.
History: En. Sec. 14, Ch. 285, L. 2015.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 4. Miscellaneous Functions of Department of Justice › Part 15. Human Trafficking › 44-4-1506. Emergency lodging for victims of domestic violence or human trafficking account

44-4-1506. (Temporary) Emergency lodging for victims of domestic violence or human trafficking account.
(1) There is an emergency lodging for victims of domestic violence or human trafficking account in the state special revenue fund. The account is administered by the department of justice.
(2) The revenue allocated to the account as provided in 15-65-121(2)(f) must be deposited in the account and distributed as provided in 44-4-1505.
(3) Money in the account is statutorily appropriated, as provided in 17-7-502, to the department of justice to provide grants to licensed establishments that provide short-term lodging in the state to individuals and families that are victims of domestic violence or human trafficking pursuant to 44-4-1505. (Terminates June 30, 2027--sec. 10, Ch. 758, L. 2023.)
History: En. Sec. 2, Ch. 758, L. 2023.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 4. Miscellaneous Functions of Department of Justice › Part 16. Statewide Public Safety Communications System Act › 44-4-1601. Short title

44-4-1601. Short title.
This part may be cited as the "Statewide Public Safety Communications System Act".
History: En. Sec. 1, Ch. 346, L. 2017.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 4. Miscellaneous Functions of Department of Justice › Part 16. Statewide Public Safety Communications System Act › 44-4-1602. Findings -- intent

44-4-1602. Findings -- intent.
(1) Montana finds that the continued planning and development of a unified statewide public safety communications system must be conducted in an organized, deliberate, and cost-effective manner.
(2) It is the intent of this part to guide future planning for and efforts to sustain the statewide public safety communications system by:
(a) creating and communicating operational recommendations and guidelines applicable to all state agencies and other entities using the statewide public safety communications system to improve overall satisfaction with the communications system, to increase the adoption of recommendations and guidelines, and to set a benchmark for user expectations;
(b) developing a sustainable maintenance plan for the statewide public safety communications system to ensure that the existing statewide public safety communications system remains operational and reliable;
(c) establishing a plan to fund upgrades, modifications, maintenance, or migration of technology within the statewide public safety communications system;
(d) ensuring that public-private partnerships are used to expand, modify, migrate, operate, and maintain the statewide public safety communications system in a cost-effective manner to achieve the objectives and required functionality of the system;
(e) to the greatest extent possible, encouraging the use of nonproprietary, standards-based, and commercially available technology to allow a wide array of system options and cost-effective deployments;
(f) ensuring that the primary purpose of the statewide public safety communications system is to enable participating agencies to fulfill their respective missions, and not to implement a specific technology or standard; and
(g) requiring that future modifications, expansions, or migrations of the statewide public safety communications system are developed in cooperation with federal, state, tribal, and local governments and private industry with a goal to provide seamless access to mission-critical voice, data, or both voice and data communications to the greatest extent possible.
History: En. Sec. 2, Ch. 346, L. 2017.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 4. Miscellaneous Functions of Department of Justice › Part 16. Statewide Public Safety Communications System Act › 44-4-1603. Definitions

44-4-1603. Definitions.
As used in this part, the following definitions apply:
(1) "Advisory council" means the statewide public safety communications system advisory council established in 44-4-1604.
(2) "Department" means the department of justice established in 2-15-2001.
(3) "FirstNet" means a radio access network planned in connection with a first responder network authority's nationwide public safety broadband network for the purpose of supporting public safety voice and data communications.
(4) "Public safety communications system" means a system used primarily by public safety agencies for transmitting and receiving voice, data, or both voice and data communications. The term includes but is not limited to:
(a) the statewide trunked land-mobile radio system;
(b) a statewide microwave network;
(c) any system interconnections that facilitate the operation of the statewide trunked land-mobile radio system; and
(d) future technology that enhances or replaces existing trunked land-mobile radio systems or microwave networks.
History: En. Sec. 3, Ch. 346, L. 2017.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 4. Miscellaneous Functions of Department of Justice › Part 16. Statewide Public Safety Communications System Act › 44-4-1605. Statewide public safety communications system advisory council -- duties and responsibilities

44-4-1605. Statewide public safety communications system advisory council -- duties and responsibilities.
(1) The advisory council shall:
(a) advise the department concerning future development and sustainability of the statewide public safety communications system;
(b) provide recommendations to the department for the continued funding of the statewide public safety communications system;
(c) provide recommendations to the department concerning the establishment of potential rates and other charges for use of the statewide public safety communications system to sustain, expand, or both sustain and expand the system;
(d) advise the department in the development of statewide public safety communications system standards and policies; and
(e) advise the department on significant matters concerning statewide public safety communications system services in the state of Montana, including rulemaking in accordance with 44-4-1609.
(2) The advisory council shall review the operations and funding of the statewide public safety communications system in Montana to ensure:
(a) efficient spending of public funds;
(b) statewide standards for use and access of the public safety communications system;
(c) leveraging, when and where it has been deemed operationally suitable and economically advantageous, existing commercial communications infrastructure; and
(d) overall operational efficiency, while not unreasonably limiting system users in fulfilling their respective missions.
History: En. Sec. 5, Ch. 346, L. 2017.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 4. Miscellaneous Functions of Department of Justice › Part 16. Statewide Public Safety Communications System Act › 44-4-1607. Statewide public safety communications system account

44-4-1607. Statewide public safety communications system account.
(1) There is an account in the state special revenue fund established in 17-2-102 to be known as the statewide public safety communications system account.
(2) There must be deposited in the account:
(a) money received from legislative allocations and general fund transfers;
(b) a transfer of money from a state or local agency for the purposes of this part;
(c) rates, charges, or fees collected by the department in accordance with 44-4-1606(3)(h);
(d) funds accepted in accordance with 44-4-1606(3)(i) and (3)(j); and
(e) a gift, donation, grant, legacy, bequest, or devise made for the purposes of this part.
(3) There is an account in the federal special revenue fund established in 17-2-102 to be known as the statewide public safety communications system account. There must be deposited in the account money received from the federal government for the purposes of this part.
(4) For each fiscal year beginning July 1, 2019, and ending June 30, 2023, there is transferred $3.75 million from the state general fund to the state special revenue account provided for in this section.
(5) Funds in either account created in this section must be used by the department for the purposes of this part.
History: En. Sec. 7, Ch. 346, L. 2017; amd. Sec. 2, Ch. 486, L. 2019; amd. Sec. 4, Ch. 48, L. 2023.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 4. Miscellaneous Functions of Department of Justice › Part 16. Statewide Public Safety Communications System Act › 44-4-1608. FirstNet exemption

44-4-1608. FirstNet exemption.
This part and rules adopted in accordance with this part do not affect:
(1) the state's ability to use FirstNet, including new services and applications available with FirstNet; or
(2) any obligations or responsibilities related to FirstNet in accordance with federal statute.
History: En. Sec. 8, Ch. 346, L. 2017.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 4. Miscellaneous Functions of Department of Justice › Part 16. Statewide Public Safety Communications System Act › 44-4-1609. Rulemaking authority

44-4-1609. Rulemaking authority.
(1) The department may adopt rules necessary to implement this part. Rules may include provisions for:
(a) implementation of this part; and
(b) administration of the statewide public safety communications system in accordance with this part.
(2) Rules must be adopted in accordance with the Montana Administrative Procedure Act provided for in Title 2, chapter 4.
History: En. Sec. 9, Ch. 346, L. 2017.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 4. Miscellaneous Functions of Department of Justice › Part 17. Sexual Assault Response › 44-4-1701. Definitions

44-4-1701. Definitions.
As used in 2-15-2034, 2-15-2035, and this part, unless the context clearly indicates otherwise, the following definitions apply:
(1) "Committee" means the sexual assault response team committee established in 2-15-2035.
(2) "Department" means the department of justice.
(3) "Program" means the sexual assault response network program established in 2-15-2034.
(4) "SANE" or "sexual assault nurse examiner" means a registered nurse with education and training in conducting forensic examinations of sexual assault victims.
(5) "SANE program" means a program that meets the requirements prescribed by the department of justice under 44-4-1702.
(6) "Sexual assault" means a criminal offense that involves sexual contact or sexual intercourse as those terms are defined in 45-2-101.
(7) "Sexual assault response team" means a multidisciplinary team of specially trained members of health care, law enforcement, prosecution, and advocacy that work together to provide coordinated health care and advocacy services to victims of sexual assault, while investigating sexual assault cases for the purpose of criminal prosecution.
(8) "teleSANE" means the use of audio, video, or other telecommunications technology or media, including audio-only communication, to provide remote, real-time support by an off-site qualified provider to both the on-site nurse and the patient to ensure best practices, proper evidence collection, and a supportive environment.
History: En. Sec. 3, Ch. 165, L. 2023.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 4. Miscellaneous Functions of Department of Justice › Part 17. Sexual Assault Response › 44-4-1702. Sexual assault response network program -- establish -- general powers and duties

44-4-1702. Sexual assault response network program -- establish -- general powers and duties.
(1) The sexual assault response network program established under 2-15-2034 will support efforts to provide uniform sexual assault evidence kit distribution and handling, coordinate a comprehensive, trauma-informed response to survivors of sexual violence, provide discipline-based training and technical assistance for sexual assault responders in accordance with national and state best practices and local laws, and advance access to quality sexual assault forensic examinations and care through teleSANE innovations.
(2) The department of justice shall adopt rules to establish:
(a) minimum standards of sexual assault care;
(b) minimum standards to operate a SANE program; and
(c) the operation and designation of SANE programs.
(3) The program's powers and duties include but are not limited to:
(a) coordinating with the sexual assault response team committee;
(b) conducting ongoing adult, adolescent, and pediatric didactic and clinical sexual assault nurse examiner training for medical professionals;
(c) recruiting and organizing sexual assault nurse examiner trainers to increase in-state training capacity;
(d) researching teleSANE models and technological solutions to increase access to sexual assault forensic examinations and sexual assault nurse examiner care;
(e) providing quality, accessible sexual assault response training and technical assistance for law enforcement, prosecution, victim advocates, and other relevant professionals;
(f) organizing the development of community sexual assault response teams;
(g) promoting public education and awareness of sexual violence prevention, available services, and care;
(h) maintaining the statewide sexual assault evidence kit tracking system provided for in 46-15-405;
(i) maintaining the department of justice sexual assault evidence kit hotline; and
(j) coordinating statewide sexual assault evidence kit inventory, materials, and distribution, including making sexual assault evidence kit resources available online.
(4) The department of justice may collaborate with other persons, victim service providers, health care facilities, the Montana hospital association, the Montana nurses association, the Montana coalition against domestic and sexual violence, the Montana sheriffs and peace officers association, the Montana association of chiefs of police, the Montana county attorneys' association, law enforcement agencies, and other government agencies to execute its general powers and duties under this section.
History: En. Sec. 4, Ch. 165, L. 2023.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 4. Miscellaneous Functions of Department of Justice › Part 17. Sexual Assault Response › 44-4-1703. Sexual assault response team committee -- rulemaking -- duties

44-4-1703. Sexual assault response team committee -- rulemaking -- duties.
The sexual assault response team committee established in 2-15-2035 may adopt rules necessary for the implementation, continuation, and enforcement of the authority granted in this section. The committee's duties include but are not limited to:
(1) adopting educational and clinical standards for sexual assault nurse examiners. Standards must comply with national training standards for sexual assault medical forensic examiners, national protocol for sexual assault medical forensic examinations adult/adolescent and pediatric, guidelines from the international association of forensic nurses, and state and local laws.
(2) adopting and implementing an evidence-based sexual assault nurse examiner training curriculum that conforms with national training standards for sexual assault medical forensic examiners, national protocol for sexual assault medical forensic examinations adult/adolescent and pediatric, guidelines from the international association of forensic nurses, and state and local laws;
(3) adopting and implementing the state of Montana medical sexual assault response guidelines;
(4) developing statewide teleSANE partnerships, collaborations with hospital and clinic leadership, and strategies that include interoperability of health care systems, secure health information exchange, and assessment of teleSANE models of care to increase equitable access to quality sexual assault care;
(5) identifying and implementing a statewide forensic nurse platform for sexual assault nurse examiners to engage, mentor, share, and network among colleagues; and
(6) establishing and periodically reviewing payment amounts and processes for the sexual assault medical forensic examination in accordance with 46-15-411 and periodically reviewing standards and payments for forensic exams performed under the forensic rape examination payment program.
History: En. Sec. 5, Ch. 165, L. 2023.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 4. Miscellaneous Functions of Department of Justice › Part 17. Sexual Assault Response › 44-4-1704. Sexual assault response network program coordinator -- establish -- general duties

44-4-1704. Sexual assault response network program coordinator -- establish -- general duties.
(1) The department of justice shall employ a sexual assault response network program coordinator.
(2) The program coordinator shall administer the powers and duties of the program and committee as provided for in 2-15-2035 and this part.
History: En. Sec. 6, Ch. 165, L. 2023.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 4. Miscellaneous Functions of Department of Justice › Part 17. Sexual Assault Response › 44-4-1705. Report required

44-4-1705. Report required.
The department of justice shall report annually to the law and justice interim committee in accordance with 5-11-210 on the activities of the sexual assault response network program and the sexual assault response team committee under 2-15-2035 and this part.
History: En. Sec. 7, Ch. 165, L. 2023.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 5. Criminal Justice Information › Part 1. General Provisions › 44-5-102. Purpose

44-5-102. Purpose.
The purpose of this chapter is to require the photographing and fingerprinting of persons under certain circumstances, to ensure the accuracy and completeness of criminal history information, and to establish effective protection of individual privacy in confidential and nonconfidential criminal justice information collection, storage, and dissemination.
History: En. Sec. 2, Ch. 525, L. 1979; amd. Sec. 9, Ch. 145, L. 1985.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 5. Criminal Justice Information › Part 1. General Provisions › 44-5-104. Relationship to other statutes

44-5-104. Relationship to other statutes.
Laws requiring disclosure of public records, writings, or information are not superseded by this chapter unless clearly inconsistent with its specific language. Laws requiring confidentiality of information contained in records or writings are not superseded by this chapter, which applies only when information may be disclosed consistent with such laws.
History: En. Sec. 4, Ch. 525, L. 1979.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 5. Criminal Justice Information › Part 1. General Provisions › 44-5-105. Department of justice -- powers

44-5-105. Department of justice -- powers.
The department of justice may:
(1) adopt rules necessary to carry out the purposes of this chapter;
(2) hear and decide contested cases or challenges that may arise under the provisions of the Montana Administrative Procedure Act;
(3) conduct audits of the criminal history record information systems of a representative sample of state and local criminal justice agencies chosen annually on a random basis to determine whether they are in compliance with the provisions of this chapter.
History: En. Sec. 23, Ch. 525, L. 1979; amd. Sec. 2, Ch. 603, L. 1993.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 5. Criminal Justice Information › Part 1. General Provisions › 44-5-111. Court order to enforce compliance

44-5-111. Court order to enforce compliance.
Any person may apply for an order from a district court to enforce compliance with any provision of this chapter.
History: En. Sec. 24, Ch. 525, L. 1979.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 5. Criminal Justice Information › Part 2. Collection and Processing › 44-5-201. Scope of authority to collect, process, and preserve criminal justice information

44-5-201. Scope of authority to collect, process, and preserve criminal justice information.
A criminal justice agency may collect, process, and preserve only that criminal justice information which is necessary for the performance of its authorized functions.
History: En. Sec. 5, Ch. 525, L. 1979.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 5. Criminal Justice Information › Part 2. Collection and Processing › 44-5-211. Records -- form, contents, limits on use

44-5-211. Records -- form, contents, limits on use.
A criminal justice agency originating initial offense reports, initial arrest records, bail records, or daily jail occupancy rosters may maintain a chronological or numerical record of these items. These records may not contain any prior criminal history record information and may not be used to gain access to any other public criminal justice information.
History: En. Sec. 7, Ch. 525, L. 1979.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 5. Criminal Justice Information › Part 2. Collection and Processing › 44-5-212. Record preservation

44-5-212. Record preservation.
Unless required by federal law, expunging, purging, or destroying of criminal justice information is not required based on the length of time such records are held.
History: En. Sec. 8, Ch. 525, L. 1979.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 5. Criminal Justice Information › Part 2. Collection and Processing › 44-5-213. Procedures to ensure accuracy of criminal history records

44-5-213. Procedures to ensure accuracy of criminal history records.
In order to ensure complete and accurate criminal history record information:
(1) the department of justice shall maintain a centralized state repository of criminal history record information to serve all criminal justice agencies in the state;
(2) dispositions resulting from formal proceedings in a court having jurisdiction in a criminal action against an individual who has been photographed and fingerprinted under 44-5-202 shall be reported to the originating agency and the state repository within 15 days. If the dispositions can readily be collected and reported through the court system, the dispositions may be submitted to the state repository by the administrative office of the courts.
(3) an originating agency shall advise the state repository within 30 days of all dispositions concerning the termination of criminal proceedings against an individual who has been photographed and fingerprinted under 44-5-202;
(4) the department of corrections shall advise the state repository within 30 days of all dispositions subsequent to conviction of an individual who has been photographed and fingerprinted under 44-5-202;
(5) each criminal justice agency shall query the state repository prior to dissemination of any criminal history record information to ensure the timeliness of the information. When no final disposition is shown by the state repository records, the state repository shall query the source of the document or other appropriate source for current status. Inquiries must be made prior to any dissemination except in those cases in which time is of the essence and the repository is technically incapable of responding within the necessary time period. If time is of the essence, the inquiry must still be made and the response must be forwarded as soon as it is received.
(6) each criminal justice agency shall ensure that all its criminal justice information is complete, accurate, and current; and
(7) the department of justice shall adopt rules for criminal justice agencies other than those that are part of the judicial branch of government to implement this section. The department of justice may adopt rules for the same purpose for the judicial branch of government if the supreme court consents to the rules.
History: En. Sec. 9, Ch. 525, L. 1979; amd. Sec. 1, Ch. 262, L. 1991; amd. Sec. 198, Ch. 546, L. 1995.