reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 22. Detention Centers › 7-32-2235. Detention center telecommunications contracts -- definition

7-32-2235. (Effective April 30, 2024) Detention center telecommunications contracts -- definition.
(1) A county detention center that contracts with a telecommunications service provider to provide telecommunications services for inmates may join any telecommunications contract with the same per-minute fee as the department of corrections. A county detention center may not enter into a separate telecommunications contract unless the per-minute fee does not exceed the current rate allowed by the federal communications commission but not more than 21 cents a minute.
(2) Each week, an inmate is allowed one free telephone call, not to exceed 10 minutes, and one free video call, not to exceed 25 minutes, to the extent that video calling is offered at the detention center.
(3) An inmate telecommunications contract may not include ancillary service fees, including prepaid telephone cards, collect calls, and single pay calls that total more than 3% of the base charge.
(4) "Telecommunications service provider" has the meaning provided for "operator service provider" in 69-3-1102.
History: En. Sec. 1, Ch. 11, L. 2023.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 22. Detention Centers › 7-32-2241. Definitions

7-32-2241. 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 22. Detention Centers › 7-32-2242. Use of detention center -- payment of costs

7-32-2242. Use of detention center -- payment of costs.
(1) Local government, state, and federal law enforcement and correctional agencies may use any detention center for the confinement of arrested persons and the punishment of offenders, under conditions imposed by law and with the consent of the governing body responsible for the detention center.
(2) (a) Except as provided in 7-32-2245, if a person is confined in a detention center by an arresting agency not responsible for the operation of the detention center, the actual costs of holding the person in confinement must be paid by the arresting agency unless otherwise agreed to by the arresting agency and the operator of the detention center.
(b) If a city or town commits a person to the detention center of the county in which the city or town is located for a reason other than detention pending trial for or detention for service of a sentence for violating an ordinance of that city or town, the costs must be paid by the county, except as provided in 7-32-2245. If the department of corrections is the arresting agency and the inmate is a probation violator, the costs must be paid by the county in which the district court that retains jurisdiction over the inmate is located, except as provided in 7-32-2245.
(c) The department of corrections is responsible to pay actual costs for defendants following the pronouncement of sentence pursuant to 46-19-101.
(d) Payments must be made to the government unit responsible for the detention center or to the administrator operating a private detention center under an agreement provided for in 7-32-2201 on presentation of a claim to the arresting agency.
(e) For purposes of this section, "actual costs" of a detention center is defined as the greater of:
(i) the daily per inmate provider rate for crossroads correctional facility less 10%; or
(ii) $82.
(3) If a person is a fugitive from justice from an out-of-state jurisdiction, the costs, including medical expenses, of holding the person in a detention center pending extradition must be paid by the out-of-state jurisdiction.
History: En. Sec. 2, Ch. 461, L. 1989; amd. Sec. 1, Ch. 262, L. 1991; amd. Sec. 2, Ch. 768, L. 1991; amd. Sec. 2, Ch. 388, L. 1995; amd. Sec. 32, Ch. 546, L. 1995; amd. Sec. 1, Ch. 584, L. 2023.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 22. Detention Centers › 7-32-2243. Contracts for detention center services

7-32-2243. Contracts for detention center services.
(1) Contracts concerning detention center services and facilities between state or local government units, the state of Montana, or the federal government must be made pursuant to the Interlocal Cooperation Act, Title 7, chapter 11, part 1.
(2) A government unit responsible for a detention center may contract with a government unit of another state for the confinement of lawfully committed inmates in a detention center located in either jurisdiction.
History: En. Sec. 3, Ch. 461, L. 1989.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 22. Detention Centers › 7-32-2244. Detention of juveniles

7-32-2244. Detention of juveniles.
Juveniles may be held in a detention center only in accordance with Title 41, chapter 5, part 3.
History: En. Sec. 4, Ch. 461, L. 1989; amd. Sec. 10, Ch. 547, L. 1991; amd. Sec. 40, Ch. 42, L. 1997; amd. Sec. 2, Ch. 286, L. 1997.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 22. Detention Centers › 7-32-2245. Payment of confinement and medical costs by inmate

7-32-2245. Payment of confinement and medical costs by inmate.
(1) An inmate found by the sentencing court to have the ability to pay is liable for the costs, including actual medical costs, of the inmate's confinement in a detention center. The rate for confinement costs must be determined in accordance with 46-18-403. Confinement costs, other than actual medical costs, must be ordered by the court and must be paid in advance of confinement and prior to payment of any fine.
(2) If an inmate requires medical treatment, the inmate is responsible for medical costs associated with:
(a) preexisting conditions;
(b) self-inflicted injuries while in custody;
(c) injuries incurred while in custody if the injuries are not the result of negligent or intentionally torturous acts committed by the detention center administrator or a member of the administrator's staff;
(d) injuries incurred during the commission of a crime or while unlawfully resisting arrest or attempting to avoid an arrest; and
(e) any other injuries or illnesses that are not the responsibility of other entities as provided in 7-32-2224 and 7-32-2242(3).
(3) (a) If an inmate is found to be able to pay for the inmate's medical costs, as provided in subsections (1) and (2), the health care provider who treats the inmate shall collect the cost of the treatment from the inmate or the detention center administrator may arrange with the health care provider to pursue reimbursement from a third-party payor for the services provided.
(b) If the health care provider is unable to collect from the inmate or third-party payor within 120 days from the date of the service, the county is responsible for reimbursing the health care provider for the services at:
(i) the medicaid reimbursement rate or at a rate that is 70% of the provider's customary charges, whichever is greater; or
(ii) a negotiated rate.
(c) If the health care provider is reimbursed by the inmate or the third-party payor after the provider has been reimbursed by the county, the provider shall refund to the county the amount that the provider had been paid by the county for the services provided to the inmate.
(4) Inability to pay may not be a factor in providing necessary medical care for an inmate.
(5) This section does not restrict an inmate's right to use a third-party payor.
(6) If a city or town is the arresting agency and commits a person to the detention center of the county in which the city or town is located, the inmate is responsible for the inmate's medical expenses and the provisions of this section apply.
History: En. Sec. 5, Ch. 461, L. 1989; amd. Sec. 3, Ch. 388, L. 1995; amd. Sec. 2, Ch. 579, L. 2003.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 22. Detention Centers › 7-32-2246. Temporary release from detention center

7-32-2246. Temporary release from detention center.
A detention center inmate may be granted, by court order and with the consent of the sheriff, the privilege of leaving the detention center during necessary and reasonable hours for any of the following purposes:
(1) seeking employment;
(2) working at employment;
(3) conducting the inmate's own business or self-employment;
(4) attending to the needs of the inmate's family;
(5) attending an educational institution; or
(6) obtaining medical treatment.
History: En. Sec. 6, Ch. 461, L. 1989; amd. Sec. 706, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 22. Detention Centers › 7-32-2247. Annoyance of inmate prohibited -- penalty

7-32-2247. Annoyance of inmate prohibited -- penalty.
(1) The detention center administrator or staff member in charge of an inmate must use necessary and proper means to protect an inmate from purposeful or knowing insults and annoyance by others and to prevent others from communicating with the inmate while the inmate is at or is going to or returning from employment.
(2) A person persisting in purposefully or knowingly insulting, annoying, or communicating with an inmate after being told by the detention center administrator or staff member to desist commits the offense of inmate annoyance.
(3) A person convicted of the offense of inmate annoyance shall be fined an amount not to exceed $500.
History: En. Sec. 7, Ch. 461, L. 1989.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 22. Detention Centers › 7-32-2248. Inmate endangerment -- penalty

7-32-2248. Inmate endangerment -- penalty.
(1) A detention center administrator or staff member commits the offense of inmate endangerment if the administrator or staff member knowingly:
(a) places or keeps a juvenile with adult inmates;
(b) uses corporal punishment against an inmate; or
(c) uses physical force against an inmate, except as necessary for:
(i) self-defense;
(ii) control of inmates;
(iii) protection of another person from imminent physical attack; or
(iv) prevention of riot or escape.
(2) A person who commits the offense of inmate endangerment shall be fined an amount not to exceed $500.
History: En. Sec. 8, Ch. 461, L. 1989; amd. Sec. 707, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 22. Detention Centers › 7-32-2249. False claims by detention center administrator

7-32-2249. False claims by detention center administrator.
A detention center administrator who falsely represents to the governing body of a local government the actual expenses of boarding detention center inmates, furnishing food and supplies, or providing services, who presents to the governing body false items in a claim or false vouchers, or if the administrator is not a private detention center administrator, who makes any profit from the keeping of inmates in the administrator's custody and a person who gives a false item or false voucher to be used by the detention center administrator in any claim against the local government is guilty of a misdemeanor.
History: En. Sec. 4628, Pol. C. 1895; re-en. Sec. 3161, Rev. C. 1907; re-en. Sec. 4910, R.C.M. 1921; re-en. Sec. 4910, R.C.M. 1935; amd. Sec. 19, Ch. 513, L. 1973; R.C.M. 1947, 25-229; amd. Sec. 1, Ch. 446, L. 1979; amd. Sec. 12, Ch. 461, L. 1989; Sec. 7-32-2128(1), MCA 1987; redes. 7-32-2249 by Code Commissioner, 1989; amd. Sec. 708, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 22. Detention Centers › 7-32-2250. Liability for escape in civil actions

7-32-2250. Liability for escape in civil actions.
(1) A detention center administrator who fails to prevent the escape or rescue of a person who was arrested in a civil action and who is in the administrator's custody without the consent or connivance of the party in whose behalf the arrest or imprisonment was made is liable as follows:
(a) When the arrest is upon an order to hold for bail or upon a surrender in exoneration of bail before judgment, the detention center administrator is liable to the plaintiff for the bail.
(b) When the arrest is on an execution or commitment to enforce the payment of money, the detention center administrator is liable for the amount expressed in the execution or commitment.
(c) When the arrest is on an execution or commitment other than to enforce the payment of money, the detention center administrator is liable for the actual damages sustained.
(2) Upon being sued for damages for an escape or rescue of a person in the detention center administrator's custody, the administrator may introduce evidence in mitigation or exculpation.
(3) An action may not be maintained against a detention center administrator for a rescue or for an escape of a person arrested upon an execution or commitment if, after the rescue or escape and before the commencement of the action, the inmate returns to the detention center or is retaken by the administrator.
History: En. Secs. 4390, 4391, 4392, Pol. C. 1895; re-en. Secs. 3019, 3020, 3021, Rev. C. 1907; re-en. Secs. 4783, 4784, 4785, R.C.M. 1921; Cal. Pol. C. Secs. 4182, 4183, 4184; re-en. Secs. 4783, 4784, 4785, R.C.M. 1935; R.C.M. 1947, 16-2711, 16-2712, 16-2713; amd. Sec. 5, Ch. 263, L. 1979; amd. Sec. 9, Ch. 447, L. 1985; amd. Sec. 13, Ch. 461, L. 1989; Sec. 7-32-2132, MCA 1987; redes. 7-32-2250 by Code Commissioner, 1989; amd. Sec. 709, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 22. Detention Centers › 7-32-2255. Inmate phone calls to attorney

7-32-2255. Inmate phone calls to attorney.
As needed and subject to policies adopted by the local government that operates or contracts for the lease or operation of a detention center, the detention center administrator shall allow an inmate to speak on the telephone with the inmate's attorney without charge.
History: En. Sec. 1, Ch. 60, L. 2017.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 22. Detention Centers › 7-32-2257. Payment of partial salary of detention officer injured in performance of duty

7-32-2257. Payment of partial salary of detention officer injured in performance of duty.
(1) A detention officer who is injured in the performance of the detention officer's duties and who requires medical or other remedial treatment for injuries that render the detention officer unable to perform the detention officer's duties must be paid by the county the difference between the detention officer'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 detention officer must be unable to perform the detention officer's duties as a result of the injury.
History: En. Sec. 1, Ch. 471, L. 2023.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 22. Detention Centers › 7-32-2258. Assignment to light duty or other agency

7-32-2258. 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 detention officer is able to perform specified types of light duty, payment of the officer's partial salary amount under 7-32-2257 must be discontinued if the detention officer refuses to perform light duty when it is available and offered to the detention officer.
(2) The detention officer may be transferred to another department or agency within the county.
History: En. Sec. 2, Ch. 471, L. 2023.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 23. Powers of County Commissioners Related to Law Enforcement › 7-32-2301. Rewards for apprehension of criminals

7-32-2301. Rewards for apprehension of criminals.
(1) The board of county commissioners of each county has the power to offer rewards for the apprehension and conviction of any person or persons who have committed any felony within their respective counties. Said reward shall not exceed the sum of $500 for the apprehension and conviction of the party or parties guilty of a felony, and the reward shall not be paid in any case until a conviction has first been had in said case. All rewards shall be paid by warrants drawn on the general fund of the county.
(2) In no case shall the members of the board, sheriff, or other county officer receiving an annual or monthly salary be entitled to any part of any such reward.
History: En. Sec. 1, Ch. 61, L. 1909; re-en. Sec. 4483, R.C.M. 1921; re-en. Sec. 4483, R.C.M. 1935; R.C.M. 1947, 16-1123.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 23. Powers of County Commissioners Related to Law Enforcement › 7-32-2302. Establishment of curfew -- penalty

7-32-2302. Establishment of curfew -- penalty.
(1) (a) The governing body of a county may adopt an ordinance that establishes a curfew hour after which minors will not be allowed abroad on the public streets, roadways, or lands of the county.
(b) The ordinance must contain a description of the area covered by the curfew and provide exceptions for approved activities. The curfew may be countywide or pertain to any portion of the county, including an unincorporated city or town. The curfew may not extend to any area within the boundaries of an incorporated city or town.
(2) It is the duty of any officer or official enforcing the laws of the state to enforce the provisions of this section.
(3) A person convicted of violating a curfew ordinance adopted under subsection (1) shall be punished by a fine in an amount not exceeding $75 or by a sentence of up to 10 hours of community service, or both. Absolute liability, as provided for in 45-2-104, is imposed for a violation of this section.
History: (1)En. Sec. 1, Ch. 29, L. 1969; Sec. 16-1182, R.C.M. 1947; (2)En. Sec. 2, Ch. 29, L. 1969; Sec. 16-1183, R.C.M. 1947; (3)En. Sec. 3, Ch. 29, L. 1969; Sec. 16-1184, R.C.M. 1947; R.C.M. 16-1182, 16-1183, 16-1184; amd. Sec. 1, Ch. 258, L. 1995; amd. Sec. 1, Ch. 131, L. 2001.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 41. Municipal Police Force › 7-32-4101. Police department authorized and required

7-32-4101. Police department authorized and required.
There shall be in every city and town of this state a police department which shall be organized, managed, and controlled as provided in this part.
History: En. Sec. 1, Ch. 136, L. 1907; Sec. 3304, Rev. C. 1907; re-en. Sec. 5095, R.C.M. 1921; re-en. Sec. 5095, R.C.M. 1935; amd. Sec. 1, Ch. 152, L. 1947; amd. Sec. 1, Ch. 72, L. 1949; R.C.M. 1947, 11-1801(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 41. Municipal Police Force › 7-32-4102. Applicability of part

7-32-4102. Applicability of part.
(1) This part shall in all respects be applicable to and shall govern and control police departments in every such city or town organized under any form of municipal government except where this part is in conflict with the commission form of government provided for in part 42 of chapter 3 and amendments thereto.
(2) Where the provisions of this part do conflict with the provisions of said part 42 and the amendments thereto pertaining to the commission form of government, the provisions pertaining to the commission form of government shall prevail.
History: En. Sec. 1, Ch. 136, L. 1907; Sec. 3304, Rev. C. 1907; re-en. Sec. 5095, R.C.M. 1921; re-en. Sec. 5095, R.C.M. 1935; amd. Sec. 1, Ch. 152, L. 1947; amd. Sec. 1, Ch. 72, L. 1949; R.C.M. 1947, 11-1801(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 41. Municipal Police Force › 7-32-4103. Supervision of police department

7-32-4103. Supervision of police department.
The mayor in all cities and towns or the manager in those cities operating under the commission-manager plan has charge of and supervision over the police department. The mayor or manager shall appoint all the members and officers of the department. Subject to the provisions of this part, the mayor or manager may suspend or remove any member or officer of the force. The mayor or manager shall make rules, not inconsistent with the provisions of this part, the other laws of the state, or the ordinances of the city or town council, for the government, direction, management, and discipline of the police force.
History: En. Sec. 2, Ch. 136, L. 1907; Sec. 3305, Rev. C. 1907; re-en. Sec. 5096, R.C.M. 1921; re-en. Sec. 5096, R.C.M. 1935; amd. Sec. 2, Ch. 152, L. 1947; R.C.M. 1947, 11-1802; amd. Sec. 710, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 41. Municipal Police Force › 7-32-4104. Additional regulations by city council

7-32-4104. Additional regulations by city council.
In addition to the provisions herein contained, the city or town council may make any ordinances, not inconsistent with this part or any law of the state, for the government of the police department and for regulating the powers and duties of its officers and members.
History: En. Sec. 11, Ch. 136, L. 1907; Sec. 3314, Rev. C. 1907; re-en. Sec. 5105, R.C.M. 1921; re-en. Sec. 5105, R.C.M. 1935; R.C.M. 1947, 11-1813.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 41. Municipal Police Force › 7-32-4105. Duties of chief of police

7-32-4105. Duties of chief of police.
(1) The chief of police:
(a) shall execute and return all process issued by the city judge or directed to the chief of police by any legal authority and must be present and shall assist the city court regularly;
(b) shall arrest all persons guilty of a breach of the peace or for the violation of any city or town ordinance and bring them before the city judge for trial;
(c) must have charge and control of all police officers, subject to rules that may be prescribed by ordinance, and report to the council all delinquencies or neglect of duty or official misconduct of police officers for action of the council;
(d) shall perform other duties that the council may prescribe.
(2) The chief of police has the same powers as a constable in the discharge of duties, but the chief of police may not serve a process in a civil action or proceeding except when a city or town is a party.
(3) Quotas for investigative stops, citations, or arrests may not be established and may not be used in evaluating police officers.
History: En. Sec. 4785, Pol. C. 1895; re-en. Sec. 3254, Rev. C. 1907; re-en. Sec. 5037, R.C.M. 1921; re-en. Sec. 5037, R.C.M. 1935; R.C.M. 1947, 11-810; amd. Sec. 711, Ch. 61, L. 2007; amd. Sec. 3, Ch. 244, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 41. Municipal Police Force › 7-32-4106. List of active and eligible police officers

7-32-4106. List of active and eligible police officers.
(1) The city council has exclusive power to determine and limit the number of police officers and members to comprise the police force of any city, to reduce the number of the police force at any time, and to divide the police membership into two lists:
(a) one list is an active list containing the names of individuals who are to be actually employed and receive pay while employed; and
(b) one list is an eligible list containing the names of individuals who may not receive pay while not actually employed as an officer or member.
(2) Officers or members of the active list temporarily relieved from duty must become members of the eligible list without pay and must be first entitled to reinstatement on the active list in case of vacancy, according to their seniority in the service, and all others on the eligible list must be entitled to fill a vacancy in the order of their appointment.
(3) The action of the council under this section is not subject to review by any court.
(4) Officers or members may not be placed on the eligible list, except in case of temporary reduction of the police force, when the number already on the eligible list is equal to 20% of the active list.
History: En. Sec. 7, Ch. 136, L. 1907; Sec. 3310, Rev. C. 1907; re-en. Sec. 5101, R.C.M. 1921; amd. Sec. 5, Ch. 119, L. 1923; re-en. Sec. 5101, R.C.M. 1935; R.C.M. 1947, 11-1807; amd. Sec. 712, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 41. Municipal Police Force › 7-32-4107. Utilization of retired officers

7-32-4107. Utilization of retired officers.
Police officers on the retired list of a city or town shall retire from the active list of police officers of the city or town but must be subject to call for police service or active duty whenever an emergency requires or the active list is temporarily insufficient for proper policing of the city or town, all under the rules that the board of police commissioners or city council prescribe.
History: En. Sec. 3, Ch. 100, L. 1927; amd. Sec. 3, Ch. 120, L. 1929; re-en. Sec. 5108.3, R.C.M. 1935; amd. Sec. 3, Ch. 489, L. 1977; amd. Sec. 6, Ch. 85, L. 1977; R.C.M. 1947, 11-1819; amd. Sec. 713, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 41. Municipal Police Force › 7-32-4108. Appointment to police force

7-32-4108. Appointment to police force.
All appointments to the police force must be made by the mayor or, in those cities operating under the commission-manager plan, by the manager and must be confirmed by the city council or commission. An appointment may not be made until:
(1) an application for a position on the police force has been filed with the mayor or, in those cities operating under the commission-manager plan, with the manager and referred to the police commission, when a commission exists; and
(2) the applicant has successfully passed the examination required to be held by the police commission and a certificate from the police commission that the applicant has qualified for the appointment has been filed with the mayor or, in those cities operating under the commission-manager plan with the manager.
History: En. Sec. 3, Ch. 136, L. 1907; Sec. 3306, Rev. C. 1907; amd. Sec. 1, Ch. 198, L. 1921; re-en. Sec. 5097, R.C.M. 1921; amd. Sec. 2, Ch. 119, L. 1923; re-en. Sec. 5097, R.C.M. 1935; amd. Sec. 3, Ch. 152, L. 1947; amd. Sec. 1, Ch. 160, L. 1973; R.C.M. 1947, 11-1803(part); amd. Sec. 714, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 41. Municipal Police Force › 7-32-4109. Temporary employment for persons doing police work

7-32-4109. Temporary employment for persons doing police work.
The mayor of a city may, at any time when considered expedient, employ not to exceed two persons at one time for a period not to exceed 30 days to do police duty who are not members of the police department.
History: En. Sec. 6, Ch. 136, L. 1907; Sec. 3309, Rev. C. 1907; re-en. Sec. 5100, R.C.M. 1921; amd. Sec. 4, Ch. 119, L. 1923; re-en. Sec. 5100, R.C.M. 1935; amd. Sec. 1, Ch. 72, L. 1955; amd. Sec. 1, Ch. 28, L. 1959; R.C.M. 1947, 11-1806(part); amd. Sec. 715, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 41. Municipal Police Force › 7-32-4110. Procedure for reinstatement on police force

7-32-4110. Procedure for reinstatement on police force.
(1) An applicant for a position on the police force who has already served 20 years or more in the aggregate on the police force of the city or town to which the person is applying for reinstatement may make application within 1 year from the date on which the person's name was removed from the active list of police officers to the police commission of that city or town in which the person last served, and the application must be considered by the police commission within 30 days after receipt of the application.
(2) The commission may not require the applicant to have a physical examination or other examination required of applicants for a position on the police force. If the police commission recommends the reinstatement of the applicant as a member of the police force, the probationary term required of applicants for positions must be dispensed with for the applicant for reinstatement. The mayor shall submit to the city council of the city at its next regular meeting the recommendation of the police commission. If a majority of the city council vote in favor of adopting the recommendation of the commission, the applicant must be immediately reinstated as a police officer in the city or town.
History: En. Sec. 1, Ch. 205, L. 1939; R.C.M. 1947, 11-1808; amd. Sec. 716, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 41. Municipal Police Force › 7-32-4111. Examination of applicants for position on police force

7-32-4111. Examination of applicants for position on police force.
(1) All applicants for positions on the police force whose applications are referred to the police commission must be required to successfully undergo an examination before the police commission and to receive a certificate from the commission that the applicant is qualified for appointment for the probationary period to the police force.
(2) An applicant who makes any false statement to the police commission as to the applicant's age or other required qualifications at an examination before the police commission is subject to suspension or dismissal from the police force after trial.
History: En. Sec. 5, Ch. 136, L. 1907; Sec. 3308, Rev. C. 1907; amd. Sec. 2, Ch. 198, L. 1921; re-en. Sec. 5099, R.C.M. 1921; amd. Sec. 3, Ch. 119, L. 1923; re-en. Sec. 5099, R.C.M. 1935; R.C.M. 1947, 11-1805(part); amd. Sec. 717, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 41. Municipal Police Force › 7-32-4112. Qualifications of police officers

7-32-4112. Qualifications of police officers.
A member of a police department on the active list of any city at the time of appointment under this part may not be less than 18 years of age, must be a citizen of the United States, and must meet the minimum qualifying standards for employment promulgated by the Montana public safety officer standards and training council established in 2-15-2029.
History: (1)En. Sec. 1, Ch. 100, L. 1927; amd. Sec. 1, Ch. 16, L. 1929; amd. Sec. 1, Ch. 120, L. 1929; re-en. Sec. 5108.1, R.C.M. 1935; amd. Sec. 1, Ch. 93, L. 1947; amd. Sec. 12, Ch. 94, L. 1973; Sec. 11-1817, R.C.M. 1947; (2)En. Sec. 12, Ch. 136, L. 1907; Sec. 3315, Rev. C. 1907; re-en. Sec. 5106, R.C.M. 1921; amd. Sec. 6, Ch. 119, L. 1923; re-en. Sec. 5106, R.C.M. 1935; amd. Sec. 1, Ch. 29, L. 1959; amd. Sec. 1, Ch. 47, L. 1971; amd. Sec. 1, Ch. 66, L. 1971; amd. Sec. 1, Ch. 56, L. 1973; amd. Sec. 1, Ch. 60, L. 1973; amd. Sec. 12, Ch. 335, L. 1974; Sec. 11-1814, R.C.M. 1947; R.C.M. 1947, 11-1814, 11-1817; amd. Sec. 8, Ch. 263, L. 1979; amd. Sec. 1, Ch. 150, L. 1995; amd. Sec. 13, Ch. 506, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 41. Municipal Police Force › 7-32-4113. Probationary period and confirmation of appointment

7-32-4113. Probationary period and confirmation of appointment.
(1) Every applicant who has passed the examination and received the certificate referred to in 7-32-4108 must first serve for a probationary term of not more than 1 year. At any time before the end of such probationary term, the mayor, or the manager in those cities operating under the commission-manager plan, may revoke such appointment.
(2) After the end of such probationary period and within 30 days thereafter, the appointment of such applicant must be submitted to the city council or commission, and if such appointment is confirmed by the city council or commission, such applicant becomes a member of the police force and shall hold such position during good behavior unless suspended or discharged as provided by law.
History: En. Sec. 3, Ch. 136, L. 1907; Sec. 3306, Rev. C. 1907; amd. Sec. 1, Ch. 198, L. 1921; re-en. Sec. 5097, R.C.M. 1921; amd. Sec. 2, Ch. 119, L. 1923; re-en. Sec. 5097, R.C.M. 1935; amd. Sec. 3, Ch. 152, L. 1947; amd. Sec. 1, Ch. 160, L. 1973; R.C.M. 1947, 11-1803(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 41. Municipal Police Force › 7-32-4114. Restrictions on activities of police officers

7-32-4114. Restrictions on activities of police officers.
(1) Except as provided in subsection (2), a member of the police force may not hold any other office or be employed in any other department of the city or town government. A member of the police force may not strike, as provided in 39-31-501.
(2) A member of the police force of a third-class city or of a town may be employed in another department of the city or town government. However, the member may not hold political office in the city or town government.
(3) The fact that a person is an officer or member of the police department does not deprive the person's spouse or any member of the person's family of the right to participate in political activity or to hold public or political office.
(4) An officer or member of the police department may participate in political activity if the officer does not do so while on duty or in uniform or if the activity does not otherwise interfere with the performance of duties.
History: En. Secs. 8, 9, 10, Ch. 136, L. 1907; Secs. 3311, 3312, 3313, Rev. C. 1907; re-en. Secs. 5102, 5103, 5104, R.C.M. 1921; re-en. Secs. 5102, 5103, 5104, R.C.M. 1935; R.C.M. 1947, 11-1810(part), 11-1811, 11-1812; amd. Sec. 1, Ch. 385, L. 1981; amd. Sec. 1, Ch. 124, L. 1993; amd. Sec. 6, Ch. 225, L. 2005.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 41. Municipal Police Force › 7-32-4115. Exemptions of members of police force

7-32-4115. Exemptions of members of police force.
No member of the police force shall be liable to military or jury duty or to arrest on civil process while actually on duty.
History: En. Sec. 8, Ch. 136, L. 1907; Sec. 3311, Rev. C. 1907; re-en. Sec. 5102, R.C.M. 1921; re-en. Sec. 5102, R.C.M. 1935; R.C.M. 1947, 11-1810(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 41. Municipal Police Force › 7-32-4116. Minimum wage of police in first- and second-class cities

7-32-4116. Minimum wage of police in first- and second-class cities.
(1) Each duly confirmed member of a police department of cities of the first and second class of Montana is entitled to a minimum wage for a daily service of 8 hours' work of at least $750 per month for the first year of service and thereafter at least $750 a month plus 1% of the minimum base monthly salary of $750 for each additional year of service up to and including the 20th year of additional service.
(2) This section applies to cities and towns not of the first class which have elected to come under the provisions of Chapter 120, Laws of 1929, as amended, or Chapter 335, Laws of 1974, as amended.
(3) Added salary for years of service will be based on the base monthly salary as established in this section and not on the actual current salary.
History: (1)En. Sec. 1, Ch. 55, L. 1935; re-en. Sec. 5108.16, R.C.M. 1935; amd. Sec. 2, Ch. 96, L. 1939; amd. Sec. 1, Ch. 294, L. 1947; amd. Sec. 1, Ch. 47, L. 1951; amd. Sec. 1, Ch. 28, L. 1957; amd. Sec. 1, Ch. 266, L. 1967; amd. Sec. 1, Ch. 298, L. 1969; amd. Sec. 1, Ch. 314, L. 1973; amd. Sec. 2, Ch. 438, L. 1975; Sec. 11-1832, R.C.M. 1947; (2)En. Sec. 2, Ch. 55, L. 1935; re-en. Sec. 5108.17, R.C.M. 1935; Sec. 11-1833, R.C.M. 1947; (3)En. Sec. 2, Ch. 266, L. 1967; Sec. 11-1832.1, R.C.M. 1947; R.C.M. 1947, 11-1832, 11-1832.1, 11-1833; amd. Sec. 9, Ch. 263, L. 1979; amd. Sec. 35, Ch. 575, L. 1981.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 41. Municipal Police Force › 7-32-4117. Group insurance for police officers -- funding

7-32-4117. Group insurance for police officers -- funding.
(1) Cities of all classes, if they provide insurance for other city employees under Title 2, chapter 18, part 7, shall:
(a) provide the same insurance to their respective police officers;
(b) notwithstanding Title 2, chapter 18, part 7, pay no less than the premium rate in effect as of July 1, 1980, for insurance coverage for police officers and their dependents;
(c) provide for collective bargaining or other agreement processes to negotiate additional premium payments beyond the amount guaranteed by subsection (1)(b).
(2) Subject to 15-10-420, the administration of this section is declared a public purpose of a city, which may be paid out of the general fund of the governing body and financed by a levy on the taxable value of all taxable property within the city or town.
History: En. 11-1024.3, 11-1024.4 by Secs. 1, 2, Ch. 308, L. 1975; R.C.M. 1947, 11-1024.3, 11-1024.4; amd. Sec. 1, Ch. 88, L. 1981; amd. Sec. 69, Ch. 584, L. 1999; amd. Sec. 78, Ch. 574, L. 2001.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 41. Municipal Police Force › 7-32-4118. Work period -- days off duty without loss of compensation

7-32-4118. Work period -- days off duty without loss of compensation.
(1) The chief of police may establish the work period for officers and other personnel in the department and may establish a work period other than that provided in 39-3-405 for determining when an employee must be paid overtime compensation. The total hours in all work periods in a calendar year may not exceed 2,080.
(2) Each officer or other employee of the police force in every city of the first and second class shall, in each calendar year, be given a minimum of 104 days off duty without loss of compensation, not including holidays, sick leave, vacation leave, or other types of compensated time off duty.
History: En. Sec. 1, Ch. 53, L. 1931; re-en. Sec. 5108.15, R.C.M. 1935; amd. Sec. 1, Ch. 65, L. 1957; R.C.M. 1947, 11-1831; amd. Sec. 1, Ch. 562, L. 1983.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 41. Municipal Police Force › 7-32-4119. Overtime compensation

7-32-4119. Overtime compensation.
Members of police departments of cities of the first and second class, except those officers holding the rank of captain or above, are entitled to overtime compensation for hours worked in excess of the work period established by the chief of police under 7-32-4118.
History: En. 11-1832.2 by Sec. 1, Ch. 333, L. 1973; R.C.M. 1947, 11-1832.2; amd. Sec. 2, Ch. 562, L. 1983.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 41. Municipal Police Force › 7-32-4120. Expenditure of state payments by municipality not having police retirement system -- annual report

7-32-4120. Expenditure of state payments by municipality not having police retirement system -- annual report.
(1) As used in this section, "employee" means a person employed by a municipal police department, including police officers.
(2) A city or town not governed by the provisions of chapter 9 or 19 of Title 19 shall only expend the payment received pursuant to 19-19-305 for police department employee training, for equipment and personnel relating to substance abuse enforcement, or to purchase pensions for employees of its police department.
(3) The city treasurer or town clerk of the cities or towns shall, on or before April 1 of each year, report to the state auditor as to the expenditures of all funds received pursuant to 19-19-305.
History: En. Sec. 4, Ch. 261, L. 1965; R.C.M. 1947, 11-1837; amd. Sec. 36, Ch. 575, L. 1981; amd. Sec. 1, Ch. 60, L. 1991.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 41. Municipal Police Force › 7-32-4121. Action to recover salary

7-32-4121. Action to recover salary.
(1) Actions to recover salaries by members of the police departments of cities must be commenced within 6 months after the cause of action shall have accrued.
(2) No action for unpaid salary can be maintained by members of the police department of cities except for service actually rendered and, if suspended or placed on the eligible list, then only for the days the member of the police department reports for duty.
(3) The word "action", as used in this section, is to be construed, whenever it is necessary to do so, as including a special proceeding of a civil nature.
History: (1)En. Sec. 1, Ch. 11, Ex. L. 1919; re-en. Sec. 9036, R.C.M. 1921; re-en. Sec. 9036, R.C.M. 1935; Sec. 93-2610, R.C.M. 1947; (2)En. Sec. 2, Ch. 11, Ex. L. 1919; re-en. Sec. 9037, R.C.M. 1921; re-en. Sec. 9037, R.C.M. 1935; Sec. 93-2611, R.C.M. 1947; (3)En. Sec. 559, C. Civ. Proc. 1895; re-en. Sec. 6476, Rev. C. 1907; re-en. Sec. 9066, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 363; re-en. Sec. 9066, R.C.M. 1935; Sec. 93-2720, R.C.M. 1947; R.C.M. 1947, 93-2610, 93-2611, 93-2720.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 41. Municipal Police Force › 7-32-4122. Contributions for group life insurance and representation

7-32-4122. Contributions for group life insurance and representation.
(1) Unless the police protective association of the city or town chooses not to participate, as provided in 7-32-4123, an employer shall deduct from each police officer's monthly compensation, except that of a police chief, assistant chief, or captain, an amount equal to 1% of the base salary paid to newly confirmed police officers in the city or town. The employer shall pay this amount on a monthly basis to the treasurer of the Montana police protective association to be used to pay premiums on a group life insurance policy for contributing police officers of participating city and town associations and to defray expenses incurred by the association when representing members of the plan.
(2) An employer may not deduct the amount provided for in subsection (1) from the monthly compensation of a police chief, assistant chief, or captain unless that person notifies the person's employer in writing to make the deduction.
(3) A person who contributes under this section is a full member of the Montana police protective association and is entitled to all membership rights and benefits, including those benefits provided in subsection (1).
(4) For the purposes of this section, "police officer" means an officer who participates in the police officers' retirement system under Title 19, chapter 9.
History: En. Sec. 1, Ch. 403, L. 1989; amd. Sec. 1, Ch. 179, L. 2005.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 41. Municipal Police Force › 7-32-4123. Nonparticipation

7-32-4123. Nonparticipation.
(1) The members of a city or town police protective association may by a vote of three-fourths of the membership cease the participation of all the members in the provision of group life insurance through salary deductions. Salary deductions for payment of group life insurance premiums and representation may not be made by the city or town of the nonparticipating association. An association may resume participation by a vote of three-fourths of the membership of the city or town police protective association.
(2) Notice of nonparticipation or resumption of participation must be provided to the governing body of the city or town and to the Montana police protective association.
History: En. Sec. 2, Ch. 403, L. 1989.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 41. Municipal Police Force › 7-32-4131. Compensation and allowance for sick or injured police officers

7-32-4131. Compensation and allowance for sick or injured police officers.
Whenever a member of a police department in a city or town is, on account of sickness or disability suffered or sustained while a member of the police department and not caused or brought on by dissipation or abuse, confined to any hospital or the officer's home and requires medical attention and care, the police officer may be allowed, by the city council, the police officer's salary during the absence and an amount equal to the police officer's expenses while confined for the injury or sickness.
History: En. Sec. 6, Ch. 100, L. 1927; amd. Sec. 6, Ch. 120, L. 1929; re-en. Sec. 5108.6, R.C.M. 1935; R.C.M. 1947, 11-1822; amd. Sec. 718, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 41. Municipal Police Force › 7-32-4132. Payment of partial salary amount of officer injured in performance of duty

7-32-4132. Payment of partial salary amount of officer injured in performance of duty.
(1) A member of a municipal law enforcement agency of a municipality contracting for retirement coverage pursuant to 19-9-207 who is injured in the performance of the member's duties and who requires medical or other remedial treatment for injuries that render the member unable to perform the member's duties must be paid by the municipality the difference between the member'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 member of the law enforcement agency must be unable to perform the member's duties as a result of the injury.
History: En. 11-1822.1 by Sec. 1, Ch. 451, L. 1977; R.C.M. 1947, 11-1822.1; amd. Sec. 1, Ch. 290, L. 1979; amd. Sec. 1, Ch. 251, L. 1993; amd. Sec. 2, Ch. 562, L. 1999.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 41. Municipal Police Force › 7-32-4133. Repealed

7-32-4133. Repealed.
Sec. 5, Ch. 290, L. 1979.
History: En. 11-1822.2 by Sec. 2, Ch. 451, L. 1977; R.C.M. 1947, 11-1822.2.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 41. Municipal Police Force › 7-32-4134. Repealed

7-32-4134. Repealed.
Sec. 5, Ch. 290, L. 1979.
History: En. 11-1822.3 by Sec. 3, Ch. 451, L. 1977; R.C.M. 1947, 11-1822.3.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 41. Municipal Police Force › 7-32-4135. Discontinuation of salary when retirement allowance granted

7-32-4135. Discontinuation of salary when retirement allowance granted.
Payment of a partial salary amount under 7-32-4132 shall be discontinued if the officer is disabled for an undetermined duration and is granted a disability retirement allowance under Title 19, chapters 9 and 19. If an application for such a retirement allowance is not made by the officer, application therefor may be made by the chief executive officer of the municipality by which such officer is employed.
History: En. 11-1822.4 by Sec. 4, Ch. 451, L. 1977; R.C.M. 1947, 11-1822.4; amd. Sec. 2, Ch. 290, L. 1979.