reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 1. Department of Public Safety › 7-32-108. Hearing procedure for employee discharged by appointed director

7-32-108. Hearing procedure for employee discharged by appointed director.
(1) A director appointed by the public safety commission shall at the time of the discharge or termination of the employment of any subordinate employee provide the employee with a written statement, subscribed and sworn to by the director, setting forth the cause or causes for the discharge or termination of employment.
(2) Within 30 days from the date of discharge or termination of employment, the employee may make application to the public safety commission for a hearing before the commission on the charges resulting in the employee's discharge or termination of employment. The employee may be present at the hearing in person and may be represented by legal counsel. The commission shall keep a record of the proceedings, and the records are a matter of public record. For the purpose of keeping a record of the proceedings, the department of public safety shall provide the commission with a person qualified to keep a record of the proceedings. The person may be an employee of the department.
(3) The commission shall, after the conclusion of the hearing, decide whether the charges resulting in the employee's discharge or termination of employment have been proven.
(4) The commission has the power, in all cases in which a majority of the commission members find the charges not proven, to reinstate any employee to the same position previously held and at the same salary received prior to discharge or termination of employment.
(5) In all cases in which a majority of the commission members find the charges proven, the employee may appeal the decision of the commission to the district court of the county in which the employee was employed. The appeal must be initiated within 60 days of the ruling of the commission.
History: En. 16-2728.1 by Sec. 8, Ch. 146, L. 1975; R.C.M. 1947, 16-2728.1; amd. Sec. 676, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 1. Department of Public Safety › 7-32-109. Hearing procedure for employee discharged by elected director

7-32-109. Hearing procedure for employee discharged by elected director.
(1) A director who is elected shall at the time of the discharge or termination of employment of any subordinate employee be required to follow the procedures of notice required of an appointed director.
(2) Any employee discharged or terminated by an elected director is entitled to a hearing before the public safety commission in the manner provided in 7-32-108.
(3) The public safety commission shall, after the conclusion of the hearing, decide whether the charges resulting in the employee's discharge or termination have been proven.
(4) The commission may request that the elected director reinstate an employee in all cases wherein a majority of the commission members find the charges not proven. The director may deny such a request for reinstatement but shall provide the commission with a written statement, subscribed and sworn to by the director, setting forth the reason or reasons for the refusal to reinstate the discharged or terminated employee. Such written statement shall become a part of the records of the proceedings of the commission and shall be open to public scrutiny.
(5) In all cases wherein the commission finds the charges not proven but the elected director refuses to reinstate the discharged or terminated employee or cases wherein a majority of the commission members find the charges proven, the employee may appeal the decision in the manner provided in 7-32-108.
History: En. 16-2728.2 by Sec. 9, Ch. 146, L. 1975; R.C.M. 1947, 16-2728.2.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 1. Department of Public Safety › 7-32-110. Reinstatement of discharged employee who prevails in district court

7-32-110. Reinstatement of discharged employee who prevails in district court.
If an employee prevails in an appeal to the district court, the employee is entitled to be reinstated to the same position previously held and at the same salary received prior to discharge or termination by the director.
History: En. 16-2728.3 by Sec. 10, Ch. 146, L. 1975; R.C.M. 1947, 16-2728.3; amd. Sec. 677, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 1. Department of Public Safety › 7-32-115. Work period in lieu of workweek -- overtime compensation

7-32-115. Work period in lieu of workweek -- overtime compensation.
(1) (a) A department of public safety may establish a work period other than the workweek provided in 7-32-2111 or 39-3-405 for determining when an employee may be paid overtime.
(b) The aggregate of all work periods in a year, when expressed in hours, may not exceed 2,080 hours.
(2) The board of county commissioners may by resolution establish that any employee who works in excess of the employee's regularly scheduled work period will be compensated for the hours worked in excess of the work period at a rate to be determined by the board of county commissioners.
History: En. Sec. 2, Ch. 256, L. 1985; amd. Sec. 678, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 1. Department of Public Safety › 7-32-121. Public safety commission

7-32-121. Public safety commission.
(1) The department of public safety shall be under the supervision of a public safety commission.
(2) The commission shall consist of three, five, or seven members. Each member of the commission shall serve a 4-year term and shall be appointed as provided in 7-32-121 through 7-32-124.
(3) No commission member may be an official of any unit of local government.
History: (1), (2)En. Sec. 1, Ch. 347, L. 1973; amd. Sec. 1, Ch. 146, L. 1975; Sec. 16-2726, R.C.M. 1947; (3)En. 69-2726.1 by Sec. 2, Ch. 146, L. 1975; Sec. 69-2726.1, R.C.M. 1947; R.C.M. 1947, 16-2726(part), 16-2726.1(5).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 1. Department of Public Safety › 7-32-122. Appointment to three-member public safety commission

7-32-122. Appointment to three-member public safety commission.
(1) Upon the creation of a three-member commission:
(a) one member must be appointed by the legislative body of the city or town;
(b) one member must be appointed by the board of county commissioners; and
(c) one member must be appointed by the members of the board of county commissioners and the members of the legislative body of the city or town, meeting in joint session.
(2) In order to be appointed, a candidate for appointment by the joint meeting must receive a majority of the votes of the members of the board of county commissioners and a majority of the votes of the members of the legislative body of the city or town voting on the question.
(3) Initially, one commission member shall serve a 4-year term and two commission members shall each serve a 2-year term. Each commission member shall draw a lot to determine the length of the member's term.
History: En. 69-2726.1 by Sec. 2, Ch. 146, L. 1975; R.C.M. 1947, 16-2726.1(1); amd. Sec. 679, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 1. Department of Public Safety › 7-32-123. Appointment to five-member public safety commission

7-32-123. Appointment to five-member public safety commission.
(1) Upon the creation of a five-member commission:
(a) two members must be appointed by the legislative body of the city or town;
(b) two members must be appointed by the board of county commissioners; and
(c) one member must be appointed by the members of the board of county commissioners and the members of the legislative body of the city or town, meeting in joint session.
(2) In order to be appointed, a candidate for the appointment to a five-member commission by the joint meeting must receive a majority of the votes of the members of the board of county commissioners and a majority of the votes of members of the legislative body of the city or town voting on the question.
(3) Initially, two commission members shall each serve a 4-year term and three commission members shall each serve a 2-year term. Each commission member shall draw a lot to determine the length of the member's term.
History: En. 69-2726.1 by Sec. 2, Ch. 146, L. 1975; R.C.M. 1947, 16-2726.1(2); amd. Sec. 680, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 1. Department of Public Safety › 7-32-124. Appointment to seven-member public safety commission

7-32-124. Appointment to seven-member public safety commission.
(1) Upon the creation of a seven-member commission:
(a) three members must be appointed by the legislative body of the city or town;
(b) three members must be appointed by the board of county commissioners; and
(c) one member must be appointed by the members of the board of county commissioners and the members of the city or town, meeting in joint session.
(2) In order to be appointed, a candidate for the appointment to a seven-member commission by the joint meeting must receive a majority of the votes of the members of the board of county commissioners and a majority of the votes of the members of the legislative body of the city or town voting on the question.
(3) Initially, three commission members shall each serve a 4-year term and four commission members shall each serve a 2-year term. Each commission member shall draw a lot to determine the length of the member's term.
History: En. 69-2726.1 by Sec. 2, Ch. 146, L. 1975; R.C.M. 1947, 16-2726.1(3); amd. Sec. 681, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 1. Department of Public Safety › 7-32-125. Residency requirements for public safety commissioners

7-32-125. Residency requirements for public safety commissioners.
Each commission member shall reside at the time of appointment within the county if selected by the board of county commissioners or within the city or town by which appointed.
History: En. 69-2726.1 by Sec. 2, Ch. 146, L. 1975; R.C.M. 1947, 16-2726.1(4); amd. Sec. 682, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 1. Department of Public Safety › 7-32-126. Vacancies and succession

7-32-126. Vacancies and succession.
(1) In case of a vacancy for any cause, a new member must be appointed in the same manner as the person replaced. The appointee shall serve out the unexpired portion of the term of the person replaced.
(2) The successor for a commission member whose term has expired must be appointed in the same manner used to appoint the commission member that the person succeeds.
(3) A member of a public safety commission is eligible for reappointment to the commission at the end of a term.
History: En. 69-2726.2 by Sec. 3, Ch. 146, L. 1975; R.C.M. 1947, 16-2726.2(1) thru (3); amd. Sec. 683, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 1. Department of Public Safety › 7-32-127. Organization of public safety commission

7-32-127. Organization of public safety commission.
(1) Not later than 60 days after the commission is authorized, the members of the commission shall meet and organize at a time that must be set by the board of county commissioners and the legislative body of the city or town.
(2) At the first meeting of the commission, the member jointly appointed by the board of county commissioners and the legislative body of the city or town must be designated by the commission to serve as temporary presiding officer. As its first official act, the commission members shall select a presiding officer and vice presiding officer from the members of the commission.
(3) The presiding officer of the commission shall preside over all meetings and hearings of the commission. In the absence or inability of the presiding officer, the vice presiding officer shall preside over all meetings and hearings of the commission.
History: En. 69-2726.3 by Sec. 4, Ch. 146, L. 1975; R.C.M. 1947, 69-2726.3(1) thru (3); amd. Sec. 684, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 1. Department of Public Safety › 7-32-128. Meetings

7-32-128. Meetings.
Meetings of the commission must be held upon call of the presiding officer, the vice presiding officer in the absence or inability of the presiding officer, or a majority of the commission members. Hearings in all cases involving employee discharge or termination must be held upon request of the employee discharged or terminated.
History: En. 69-2726.3 by Sec. 4, Ch. 146, L. 1975; R.C.M. 1947, 69-2726.3(4); amd. Sec. 685, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 1. Department of Public Safety › 7-32-129. Compensation and expenses

7-32-129. Compensation and expenses.
Members of a public safety commission shall receive no compensation but may receive actual and necessary travel and other expenses incurred in the performance of official duties. Such costs shall be borne by the county if the commission member is appointed by the board of county commissioners, by the city or town by which appointed, or borne equally by the county and city or town if jointly appointed.
History: En. 69-2726.2 by Sec. 3, Ch. 146, L. 1975; R.C.M. 1947, 16-2726.2(4).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 2. Reserve and Auxiliary Officers › 7-32-201. Definitions

7-32-201. Definitions.
As used in this part, the following definitions apply:
(1) "Auxiliary officer" means an unsworn, part-time, volunteer member of a law enforcement agency who may perform but is not limited to the performance of such functions as civil defense, search and rescue, office duties, crowd and traffic control, and crime prevention activities.
(2) "Council" means the Montana public safety officer standards and training council established in 2-15-2029.
(3) "General law enforcement duties" means patrol operations performed for detection, prevention, and suppression of crime and the enforcement of criminal and traffic codes of this state and its local governments.
(4) "Law enforcement agency" means a law enforcement service provided directly by a local government.
(5) "Law enforcement officer" means a sworn, full-time, employed member of a law enforcement agency who is a peace officer, as defined in 46-1-202, and has arrest authority, as described in 46-6-210.
(6) "Reserve officer" means a sworn, part-time, volunteer member of a law enforcement agency or a part-time, paid member of a law enforcement agency serving as a court officer as provided in 3-6-303. The volunteer member or the part-time paid member is a peace officer, as defined in 46-1-202, and has arrest authority, as described in 46-6-210, only when authorized to perform these functions as a representative of the law enforcement agency.
(7) "Special services officer" means an unsworn, part-time, volunteer member of a law enforcement agency who may perform functions, other than general law enforcement duties, that require specialized skills, training, and qualifications, who may be required to train with a firearm, and who may carry a firearm while on assigned duty as provided in 7-32-239.
History: En. 11-1851 by Sec. 1, Ch. 85, L. 1977; R.C.M. 1947, 11-1855(part); amd. Sec. 251, Ch. 800, L. 1991; amd. Sec. 3, Ch. 82, L. 1999; amd. Sec. 10, Ch. 506, L. 2007; amd. Sec. 2, Ch. 195, L. 2021.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 2. Reserve and Auxiliary Officers › 7-32-202. Prohibition on participation in certain pension and retirement systems

7-32-202. Prohibition on participation in certain pension and retirement systems.
(1) A reserve officer may not participate in any pension or retirement system established for full-time law enforcement officers.
(2) An auxiliary officer may not participate in any pension or retirement system established for full-time law enforcement officers.
History: (1)En. 11-1852 by Sec. 2, Ch. 85, L. 1977; Sec. 11-1856, R.C.M. 1947; (2)En. 11-1854 by Sec. 4, Ch. 85, L. 1977; Sec. 11-1858, R.C.M. 1947; R.C.M. 1947, 11-1856(9), 11-1858(3).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 2. Reserve and Auxiliary Officers › 7-32-203. Provision of workers' compensation coverage

7-32-203. Provision of workers' compensation coverage.
(1) Each law enforcement agency that utilizes reserve officers or special services officers shall provide full workers' compensation coverage for the officers while they are providing actual service for a law enforcement agency. The law enforcement agencies shall pay to the insurer an appropriate premium, as established by the insurer, to cover the insurance risk of providing coverage to the officers.
(2) Each law enforcement agency that utilizes auxiliary officers shall provide full workers' compensation coverage for the officers while they are providing actual service for a law enforcement agency.
History: (1)En. 11-1852 by Sec. 2, Ch. 85, L. 1977; Sec. 11-1856, R.C.M. 1947; (2)En. 11-1854 by Sec. 4, Ch. 85, L. 1977; Sec. 11-1858, R.C.M. 1947; R.C.M. 1947, 11-1856(10), 11-1858(4); amd. Sec. 1, Ch. 92, L. 1987; amd. Sec. 4, Ch. 82, L. 1999.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 2. Reserve and Auxiliary Officers › 7-32-211. Reserve officers authorized

7-32-211. Reserve officers authorized.
A local government may authorize reserve officers. A person who meets minimum standards for appointment as a peace officer may be appointed as a reserve officer.
History: En. 11-1852 by Sec. 2, Ch. 85, L. 1977; R.C.M. 1947, 11-1856(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 2. Reserve and Auxiliary Officers › 7-32-212. Prohibition on reduction of full-time officers

7-32-212. Prohibition on reduction of full-time officers.
A local government may not reduce the authorized number of full-time law enforcement officers through the appointment or utilization of reserve officers.
History: En. 11-1852 by Sec. 2, Ch. 85, L. 1977; R.C.M. 1947, 11-1856(11).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 2. Reserve and Auxiliary Officers › 7-32-213. Qualifications for appointment as reserve officer

7-32-213. Qualifications for appointment as reserve officer.
To be appointed a reserve officer, a person:
(1) must have resided in the state continuously for at least 1 year prior to the appointment and in the county where the appointment is made for a period of at least 6 months prior to the date of the appointment;
(2) must be a citizen of the United States;
(3) must be at least 18 years of age;
(4) must be fingerprinted, and a search must be made of local, state, and national fingerprint files to disclose any criminal record;
(5) may not have been convicted of a crime for which the person could have been imprisoned in a federal penitentiary or state prison;
(6) must be of good moral character as determined by a thorough background investigation;
(7) must be a graduate of an accredited high school or the equivalent;
(8) must be examined by a licensed physician within 30 days immediately preceding the date of appointment and pronounced in good physical condition; and
(9) must possess a valid Montana driver's license.
History: En. 11-1852 by Sec. 2, Ch. 85, L. 1977; R.C.M. 1947, 11-1856(part); amd. Sec. 686, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 2. Reserve and Auxiliary Officers › 7-32-214. Basic training program required

7-32-214. Basic training program required.
(1) A reserve officer may not be authorized to function as a representative of a law enforcement agency performing general law enforcement duties after 2 years from the original appointment unless the reserve officer has satisfactorily completed a minimum 88-hour basic training program that must include but need not be limited to the following course content:
(a) introduction and orientation--1 hour;
(b) police ethics and professionalism--1 hour;
(c) criminal law--4 hours;
(d) laws of arrest--4 hours;
(e) criminal evidence--4 hours;
(f) administration of criminal law--2 hours;
(g) communications, reports, and records--2 hours;
(h) crime investigations--3 hours;
(i) interviews and interrogations--2 hours;
(j) patrol procedures--6 hours;
(k) crisis intervention--4 hours;
(l) police human and community relations--3 hours;
(m) juvenile procedures--2 hours;
(n) defensive tactics--4 hours;
(o) crowd control tactics--4 hours;
(p) firearms training--30 hours;
(q) first aid--10 hours; and
(r) examination--2 hours.
(2) The law enforcement agency is responsible for training its reserve officers in accordance with minimum training standards established by the council.
History: En. 11-1852 by Sec. 2, Ch. 85, L. 1977; R.C.M. 1947, 11-1856(2),(3); amd. Sec. 11, Ch. 506, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 2. Reserve and Auxiliary Officers › 7-32-215. Reserve manual required

7-32-215. Reserve manual required.
The authorizing law enforcement agency establishing a law enforcement reserve force shall adopt and publish a manual setting forth the minimum qualifications, minimum training standards, and standard operating procedures for reserve officers.
History: En. 11-1853 by Sec. 3, Ch. 85, L. 1977; R.C.M. 1947, 11-1857.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 2. Reserve and Auxiliary Officers › 7-32-216. Limitations on activities of reserve officers

7-32-216. Limitations on activities of reserve officers.
(1) A reserve officer may serve as a peace officer only on the orders and at the direction of the chief law enforcement administrator of the local government.
(2) Except for a reserve officer serving as a court officer as provided in 3-6-303, a reserve officer may act only in a supplementary capacity to the law enforcement agency.
(3) Reserve officers:
(a) are subordinate to full-time law enforcement officers; and
(b) may not serve unless supervised by a full-time law enforcement officer whose span of control would be considered within reasonable limits.
History: En. 11-1852 by Sec. 2, Ch. 85, L. 1977; R.C.M. 1947, 11-1856(part); amd. Sec. 3, Ch. 195, L. 2021.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 2. Reserve and Auxiliary Officers › 7-32-217. Restrictions on carrying weapons

7-32-217. Restrictions on carrying weapons.
No reserve officer may carry a weapon:
(1) while on assigned duty until the reserve officer has qualified on the firing range with a weapon in compliance with the firearms qualifying course conducted by the Montana law enforcement academy; and
(2) until authorized by the chief law enforcement administrator to carry a weapon.
History: En. 11-1852 by Sec. 2, Ch. 85, L. 1977; R.C.M. 1947, 11-1856(7).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 2. Reserve and Auxiliary Officers › 7-32-218. Status of reserve officer upon activation

7-32-218. Status of reserve officer upon activation.
A reserve officer is vested with the same powers, rights, privileges, obligations, and duties as any other peace officer of this state upon being activated by the chief law enforcement administrator of the local government and while on assigned duty only.
History: En. 11-1852 by Sec. 2, Ch. 85, L. 1977; R.C.M. 1947, 11-1856(8).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 2. Reserve and Auxiliary Officers › 7-32-219. Reserve force coordinator

7-32-219. Reserve force coordinator.
The chief law enforcement administrator of a law enforcement agency with reserve officers shall appoint a full-time law enforcement officer of the agency as a reserve force coordinator. The reserve force coordinator shall coordinate the activities of the reserve force with those of the law enforcement agency.
History: En. 11-1852 by Sec. 2, Ch. 85, L. 1977; R.C.M. 1947, 11-1856(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 2. Reserve and Auxiliary Officers › 7-32-220. Appointment of reserve officer to full-time position

7-32-220. Appointment of reserve officer to full-time position.
A reserve officer may be appointed as a full-time law enforcement officer through the procedures provided in Montana law for such appointments.
History: En. 11-1852 by Sec. 2, Ch. 85, L. 1977; R.C.M. 1947, 11-1856(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 2. Reserve and Auxiliary Officers › 7-32-221. Termination of reserve officers

7-32-221. Termination of reserve officers.
Reserve officers serve at the pleasure of the chief law enforcement administrator and may be terminated at any time by the chief law enforcement administrator by written notification without any cause.
History: En. 11-1852 by Sec. 2, Ch. 85, L. 1977; R.C.M. 1947, 11-1856(12).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 2. Reserve and Auxiliary Officers › 7-32-222. Reserve officer change in residency

7-32-222. Reserve officer change in residency.
A reserve officer may change permanent residency to another county and remain a member of the reserve officer unit to which the reserve officer was appointed provided that:
(1) the statutory basic training requirements have been met;
(2) the probationary period established by the law enforcement agency is completed; and
(3) approval for continuing membership is granted by the chief law enforcement administrator controlling the reserve unit.
History: En. Sec. 1, Ch. 82, L. 1999.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 2. Reserve and Auxiliary Officers › 7-32-231. Auxiliary officers authorized

7-32-231. Auxiliary officers authorized.
A local government may authorize auxiliary officers only on the orders and at the direction of the chief law enforcement administrator of the local government.
History: En. 11-1854 by Sec. 4, Ch. 85, L. 1977; R.C.M. 1947, 11-1858(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 2. Reserve and Auxiliary Officers › 7-32-232. Role of auxiliary officers -- when auxiliary officers may carry less than lethal weapons

7-32-232. Role of auxiliary officers -- when auxiliary officers may carry less than lethal weapons.
(1) Auxiliary officers:
(a) are subordinate to full-time law enforcement officers; and
(b) may not serve unless supervised by a full-time law enforcement officer.
(2) (a) An auxiliary officer may carry a weapon while on an official search and rescue mission with prior approval from the sheriff.
(b) An auxiliary officer may carry a less than lethal weapon after completing related training prescribed by the auxiliary officer's authorizing law enforcement agency.
History: En. 11-1854 by Sec. 4, Ch. 85, L. 1977; R.C.M. 1947, 11-1858(1)(a), (b), (2); amd. Sec. 1, Ch. 218, L. 2021; amd. Sec. 1, Ch. 575, L. 2023.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 2. Reserve and Auxiliary Officers › 7-32-233. Limitation on arrest authority of auxiliary officer

7-32-233. Limitation on arrest authority of auxiliary officer.
An auxiliary officer has only the arrest authority granted a private person in 46-6-502.
History: En. 11-1851 by Sec. 1, Ch. 85, L. 1977; R.C.M. 1947, 11-1855(part); amd. Sec. 252, Ch. 800, L. 1991.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 2. Reserve and Auxiliary Officers › 7-32-234. Exceptions

7-32-234. Exceptions.
Provisions of 7-32-211, 7-32-213, and 7-32-214 do not apply to auxiliary officers, to special services officers, to sworn volunteer peace officers who are not assigned to general law enforcement duties, or to members of a posse organized to quell public disturbance or domestic violence in accordance with 7-32-2121(6).
History: En. 11-1855 by Sec. 5, Ch. 85, L. 1977; R.C.M. 1947, 11-1859; amd. Sec. 5, Ch. 82, L. 1999.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 2. Reserve and Auxiliary Officers › 7-32-235. Search and rescue units authorized -- under control of county sheriff -- optional funding

7-32-235. Search and rescue units authorized -- under control of county sheriff -- optional funding.
(1) A county may establish or recognize one or more search and rescue units within the county.
(2) (a) Except in time of martial rule as provided in 10-1-106, search and rescue units and their officers are under the operational control and supervision of the county sheriff, or the sheriff's designee, having jurisdiction and whose span of control would be considered within reasonable limits.
(b) A county sheriff or the sheriff's designee may authorize the participation of members of the civil air patrol, including cadets under 18 years of age, in search and rescue operations.
(3) Subject to 15-10-420, a county may, after approval by a majority of the people voting on the question at an election held throughout the county, levy an annual tax on the taxable value of all taxable property within the county to support one or more search and rescue units established or recognized under subsection (1). The election must be held as provided in 15-10-425.
(4) A search and rescue unit established or recognized by a county may possess human remains as defined in 37-19-101 for the purpose of training canines used for search and rescue work.
(a) The county sheriff or the sheriff's designee shall keep an inventory of all human remains that are kept for the purpose of training search and rescue canines. The inventory must be updated when the search and rescue unit receives human remains or disposes of human remains that are no longer useful to the search and rescue unit.
(b) Each search and rescue unit that possesses human remains for the purpose of training search and rescue canines shall establish policies and standard operating procedures for access to, the inventory of, and the possession and disposal of human remains kept for the purpose of training search and rescue canines.
History: En. Sec. 2, Ch. 42, L. 1981; amd. Sec. 1, Ch. 280, L. 1985; amd. Sec. 1, Ch. 353, L. 1991; amd. Sec. 61, Ch. 387, L. 1995; amd. Sec. 23, Ch. 495, L. 2001; amd. Sec. 77, Ch. 574, L. 2001; amd. Sec. 1, Ch. 186, L. 2007; amd. Sec. 1, Ch. 415, L. 2021.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 2. Reserve and Auxiliary Officers › 7-32-236. Account for search and rescue unit training and support

7-32-236. Account for search and rescue unit training and support.
(1) (a) Subject to legislative fund transfer, there is a special revenue account within the state special revenue fund established in 17-2-102 for county search and rescue unit training and support services.
(b) There must be deposited in the account all monetary contributions, gifts, and donations for the purposes of providing educational and training services, equipment, and other materials necessary for the operation of a search and rescue unit established or recognized by a county as allowed in 7-32-235.
(c) Money in the account is statutorily appropriated, as provided in 17-7-502, to the department of administration and may be used only for those purposes provided in this section.
(2) A county sheriff may request to receive funding from the special revenue account created in this section to provide additional training, support, or equipment to one or more search and rescue units in the county established or recognized under 7-32-235.
History: En. Sec. 2, Ch. 415, L. 2021.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 2. Reserve and Auxiliary Officers › 7-32-239. Special services officers -- authorization -- role

7-32-239. Special services officers -- authorization -- role.
(1) Special services officers:
(a) are subordinate to full-time law enforcement officers;
(b) must be supervised by a law enforcement officer;
(c) shall complete specialized training and must possess specialized skills required by the chief law enforcement administrator; and
(d) may be authorized by the chief law enforcement administrator to carry a weapon while on assigned duty only upon successful completion of training in the laws and procedures governing use of force and upon demonstration of proficiency with that weapon.
(2) A local government may authorize special services officers only on the orders and at the direction of the chief law enforcement administrator of the local government.
History: En. Sec. 2, Ch. 82, L. 1999.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 3. Qualifications of Law Enforcement Officers › 7-32-301. Residency requirements

7-32-301. Residency requirements.
A sheriff of a county, mayor of a city, or other person authorized by law to appoint special deputies, marshals, or police officers in this state to preserve the public peace and prevent or quell public disturbance may not appoint as a special deputy, marshal, or police officer any person who has not resided continuously in this state for a period of at least 1 year and in the county where the appointment is made for a period of at least 6 months prior to the date of appointment.
History: En. Sec. 4598, Pol. C. 1895; re-en. Sec. 3124, Rev. C. 1907; re-en. Sec. 4879, R.C.M. 1921; re-en. Sec. 4879, R.C.M. 1935; amd. Sec. 1, Ch. 257, L. 1967; amd. Sec. 2, Ch. 66, L. 1971; amd. Sec. 1, Ch. 81, L. 1971; amd. Sec. 1, Ch. 62, L. 1973; amd. Sec. 2, Ch. 188, L. 1975; R.C.M. 1947, 16-3705(part); amd. Sec. 687, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 3. Qualifications of Law Enforcement Officers › 7-32-302. Waiver of residency requirements

7-32-302. Waiver of residency requirements.
The person or body authorized by law to appoint special deputies, marshals, or police officers may in its discretion waive residency requirements.
History: En. Sec. 4598, Pol. C. 1895; re-en. Sec. 3124, Rev. C. 1907; re-en. Sec. 4879, R.C.M. 1921; re-en. Sec. 4879, R.C.M. 1935; amd. Sec. 1, Ch. 257, L. 1967; amd. Sec. 2, Ch. 66, L. 1971; amd. Sec. 1, Ch. 81, L. 1971; amd. Sec. 1, Ch. 62, L. 1973; amd. Sec. 2, Ch. 188, L. 1975; R.C.M. 1947, 16-3705(part); amd. Sec. 688, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 3. Qualifications of Law Enforcement Officers › 7-32-304. Exception for organizing posse

7-32-304. Exception for organizing posse.
The provisions of this part shall not apply in cases of the officers listed in 7-32-301 summoning a posse forthwith to quell public disturbance or domestic violence.
History: En. Sec. 4598, Pol. C. 1895; re-en. Sec. 3124, Rev. C. 1907; re-en. Sec. 4879, R.C.M. 1921; re-en. Sec. 4879, R.C.M. 1935; amd. Sec. 1, Ch. 257, L. 1967; amd. Sec. 2, Ch. 66, L. 1971; amd. Sec. 1, Ch. 81, L. 1971; amd. Sec. 1, Ch. 62, L. 1973; amd. Sec. 2, Ch. 188, L. 1975; R.C.M. 1947, 16-3705(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 3. Qualifications of Law Enforcement Officers › 7-32-305. Purchase of firearm by retiring law enforcement officer

7-32-305. Purchase of firearm by retiring law enforcement officer.
A sheriff or other peace officer, as defined in 7-32-303, who is terminating from service and is eligible for a retirement benefit from a retirement plan under Title 19, chapters 6 through 9, 19, or 21, may request to purchase firearms that have been issued to the sheriff or peace officer and that are legal for a private citizen to possess. If the request is accepted, the parties shall agree on the purchase price, not to exceed fair market value.
History: En. Sec. 1, Ch. 142, L. 2009.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 4. Purchase of Surplus Military Equipment › 7-32-401. Limitations on excess property provided to local law enforcement -- definitions

7-32-401. Limitations on excess property provided to local law enforcement -- definitions.
(1) A law enforcement agency may not receive the following property from a military equipment surplus program operated by the federal government:
(a) drones that are armored, weaponized, or both;
(b) aircraft that are combat configured or combat coded;
(c) grenades or similar explosives and grenade launchers;
(d) silencers; or
(e) militarized armored vehicles.
(2) If a law enforcement agency purchases property from a military equipment surplus program operated by the federal government, the law enforcement agency may only use state or local funds for the purchase. Funds obtained from the federal government may not be used to purchase property from a military equipment surplus program.
(3) For purposes of this section, "law enforcement agency" means a law enforcement service provided by a local government as authorized in Title 7, chapter 32.
History: En. Sec. 1, Ch. 261, L. 2015.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 4. Purchase of Surplus Military Equipment › 7-32-402. Military surplus -- public notification

7-32-402. Military surplus -- public notification.
If a law enforcement agency requests property from a military equipment surplus program, the law enforcement agency shall publish a notice of the request on a publicly accessible website within 14 days after the request.
History: En. Sec. 2, Ch. 261, L. 2015.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 21. Sheriff's Office › 7-32-2101. Vacancy in office of sheriff

7-32-2101. Vacancy in office of sheriff.
When the sheriff is committed under an execution or commitment for not paying over money received by virtue of the sheriff's office and remains committed for 60 days, the office is vacant.
History: En. Sec. 4394, Pol. C. 1895; re-en. Sec. 3023, Rev. C. 1907; re-en. Sec. 4787, R.C.M. 1921; Cal. Pol. C. Sec. 4186; re-en. Sec. 4787, R.C.M. 1935; R.C.M. 1947, 16-2715; amd. Sec. 689, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 21. Sheriff's Office › 7-32-2102. Undersheriff to be appointed -- return to other duties

7-32-2102. Undersheriff to be appointed -- return to other duties.
(1) The sheriff, as soon as possible after taking office, shall, except in counties with a population of less than 750, appoint an undersheriff to serve at the pleasure of the sheriff. The undersheriff has the same powers and duties as a deputy sheriff.
(2) A deputy sheriff appointed undersheriff as provided in subsection (1) shall resume other duties within the sheriff's office, while maintaining tenure and seniority, if the sheriff appoints another to succeed the deputy sheriff as undersheriff. Upon the return to the position of deputy sheriff, the person must be paid the same salary the person would have received had the person not taken the undersheriff position.
History: En. Sec. 851, 5th Div. Comp. Stat. 1887; amd. Sec. 4382, Pol. C. 1895; re-en. Sec. 3011, Rev. C. 1907; re-en. Sec. 4775, R.C.M. 1921; amd. Sec. 1, Ch. 24, L. 1933; re-en. Sec. 4775, R.C.M. 1935; R.C.M. 1947, 16-2703; amd. Sec. 16, Ch. 220, L. 1985; amd. Sec. 1, Ch. 375, L. 1985; amd. Sec. 8, Ch. 36, L. 2005; amd. Sec. 22, Ch. 128, L. 2011.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 21. Sheriff's Office › 7-32-2103. Repealed

7-32-2103. Repealed.
Sec. 1, Ch. 194, L. 1981.
History: En. Sec. 1, Ch. 75, L. 1905; re-en. Sec. 3119, Rev. C. 1907; amd. Sec. 2, Ch. 93, L. 1909; amd. Sec. 1, Ch. 119, L. 1909; re-en. Sec. 4875, R.C.M. 1921; re-en. Sec. 4875, R.C.M. 1935; amd. Sec. 1, Ch. 69, L. 1953; R.C.M. 1947, 16-3701(part); amd. Sec. 2, Ch. 263, L. 1979.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 21. Sheriff's Office › 7-32-2104. Qualifications of deputy sheriff

7-32-2104. Qualifications of deputy sheriff.
(1) A sheriff may not employ an individual as a deputy sheriff unless the individual:
(a) is a graduate of an accredited high school or the equivalent;
(b) is of good moral character;
(c) has never been convicted of a felony;
(d) has not within 5 years immediately preceding the date of employment been affiliated in any manner with a subversive organization; and
(e) has been examined by a physician licensed to practice in the state of Montana within 30 days immediately preceding the date of employment and has been pronounced in good physical condition.
(2) This section is not applicable to any deputy sheriff whose term of employment commenced prior to March 2, 1967.
History: En. Sec. 4598, Pol. C. 1895; re-en. Sec. 3124, Rev. C. 1907; re-en. Sec. 4879, R.C.M. 1921; re-en. Sec. 4879, R.C.M. 1935; amd. Sec. 1, Ch. 257, L. 1967; amd. Sec. 2, Ch. 66, L. 1971; amd. Sec. 1, Ch. 81, L. 1971; amd. Sec. 1, Ch. 62, L. 1973; amd. Sec. 2, Ch. 188, L. 1975; R.C.M. 1947, 16-3705(2); amd. Sec. 690, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 21. Sheriff's Office › 7-32-2105. Probationary period for deputy sheriff

7-32-2105. Probationary period for deputy sheriff.
Any person whose term of employment as a deputy sheriff commences subsequent to March 2, 1967, shall serve a 1-year probationary period, and during this 1-year period the employment of any such deputy may be terminated by the sheriff with or without cause and without recourse to the sheriff under the terms of 7-32-2104 through 7-32-2110.
History: En. Sec. 4598, Pol. C. 1895; re-en. Sec. 3124, Rev. C. 1907; re-en. Sec. 4879, R.C.M. 1921; re-en. Sec. 4879, R.C.M. 1935; amd. Sec. 1, Ch. 257, L. 1967; amd. Sec. 2, Ch. 66, L. 1971; amd. Sec. 1, Ch. 81, L. 1971; amd. Sec. 1, Ch. 62, L. 1973; amd. Sec. 2, Ch. 188, L. 1975; R.C.M. 1947, 16-3705(3).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 21. Sheriff's Office › 7-32-2106. Attendance at Montana law enforcement academy required for deputy sheriffs

7-32-2106. Attendance at Montana law enforcement academy required for deputy sheriffs.
(1) It shall be the duty of the sheriff to cause all deputies whose term of employment commenced subsequent to March 2, 1967, to attend that academy provided for by Title 44, chapter 10, except that the sheriff may accept reasonable delays in attendance at the academy as shown by the deputy's declared intention of attending.
(2) Failure to satisfactorily complete the course offered by said academy shall be deemed cause to terminate a deputy's employment.
History: En. Sec. 4598, Pol. C. 1895; re-en. Sec. 3124, Rev. C. 1907; re-en. Sec. 4879, R.C.M. 1921; re-en. Sec. 4879, R.C.M. 1935; amd. Sec. 1, Ch. 257, L. 1967; amd. Sec. 2, Ch. 66, L. 1971; amd. Sec. 1, Ch. 81, L. 1971; amd. Sec. 1, Ch. 62, L. 1973; amd. Sec. 2, Ch. 188, L. 1975; R.C.M. 1947, 16-3705(4).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 21. Sheriff's Office › 7-32-2107. Tenure for deputy sheriffs -- grounds for termination of employment -- restrictions on evaluations

7-32-2107. Tenure for deputy sheriffs -- grounds for termination of employment -- restrictions on evaluations.
(1) A deputy sheriff shall continue in service until relieved of employment in the manner provided in this part and only for good cause as defined in 39-2-903.
(2) Quotas for investigative stops, citations, or arrests may not be established and may not be used in evaluating deputies.
History: En. Sec. 4598, Pol. C. 1895; re-en. Sec. 3124, Rev. C. 1907; re-en. Sec. 4879, R.C.M. 1921; re-en. Sec. 4879, R.C.M. 1935; amd. Sec. 1, Ch. 257, L. 1967; amd. Sec. 2, Ch. 66, L. 1971; amd. Sec. 1, Ch. 81, L. 1971; amd. Sec. 1, Ch. 62, L. 1973; amd. Sec. 2, Ch. 188, L. 1975; R.C.M. 1947, 16-3705(5); amd. Sec. 691, Ch. 61, L. 2007; amd. Sec. 2, Ch. 244, L. 2007; amd. Sec. 18, Ch. 262, L. 2015.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 21. Sheriff's Office › 7-32-2108. Written notice of termination of employment required

7-32-2108. Written notice of termination of employment required.
When a sheriff terminates the employment of a deputy, the sheriff shall at the time of termination cause to be served upon the deputy a statement in writing setting forth the cause or causes for the discharge or termination of the deputy's employment.
History: En. Sec. 4598, Pol. C. 1895; re-en. Sec. 3124, Rev. C. 1907; re-en. Sec. 4879, R.C.M. 1921; re-en. Sec. 4879, R.C.M. 1935; amd. Sec. 1, Ch. 257, L. 1967; amd. Sec. 2, Ch. 66, L. 1971; amd. Sec. 1, Ch. 81, L. 1971; amd. Sec. 1, Ch. 62, L. 1973; amd. Sec. 2, Ch. 188, L. 1975; R.C.M. 1947, 16-3705(6); amd. Sec. 692, Ch. 61, L. 2007; amd. Sec. 19, Ch. 262, L. 2015.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 21. Sheriff's Office › 7-32-2109. Right to hearing on termination of deputy sheriff's employment

7-32-2109. Right to hearing on termination of deputy sheriff's employment.
(1) A deputy sheriff whose employment is terminated has a right of appeal:
(a) to the district court of the county where the deputy was employed; or
(b) pursuant to the terms of a grievance procedure contained in a collective bargaining agreement if the deputy sheriff is covered by a collective bargaining agreement.
(2) The appeal to the district court must be made within 30 days from the date of the termination of employment.
History: En. Sec. 4598, Pol. C. 1895; re-en. Sec. 3124, Rev. C. 1907; re-en. Sec. 4879, R.C.M. 1921; re-en. Sec. 4879, R.C.M. 1935; amd. Sec. 1, Ch. 257, L. 1967; amd. Sec. 2, Ch. 66, L. 1971; amd. Sec. 1, Ch. 81, L. 1971; amd. Sec. 1, Ch. 62, L. 1973; amd. Sec. 2, Ch. 188, L. 1975; R.C.M. 1947, 16-3705(part); amd. Sec. 1, Ch. 468, L. 1993.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 21. Sheriff's Office › 7-32-2110. Reinstatement of deputy sheriff

7-32-2110. Reinstatement of deputy sheriff.
In the event that a termination is reversed or modified, the deputy must be reinstated as a deputy sheriff at the same salary received by the deputy prior to the discharge or termination of employment. The deputy is also entitled to rights that might have accrued to the deputy's benefit prior to the discharge or termination of employment, including the salary that the deputy would have received but for the termination.
History: En. Sec. 4598, Pol. C. 1895; re-en. Sec. 3124, Rev. C. 1907; re-en. Sec. 4879, R.C.M. 1921; re-en. Sec. 4879, R.C.M. 1935; amd. Sec. 1, Ch. 257, L. 1967; amd. Sec. 2, Ch. 66, L. 1971; amd. Sec. 1, Ch. 81, L. 1971; amd. Sec. 1, Ch. 62, L. 1973; amd. Sec. 2, Ch. 188, L. 1975; R.C.M. 1947, 16-3705(part); amd. Sec. 2, Ch. 468, L. 1993.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 21. Sheriff's Office › 7-32-2111. Hours of work for deputy sheriff

7-32-2111. Hours of work for deputy sheriff.
A person employed as a deputy sheriff of a county having a taxable valuation of $30 million or more may not be required to work in excess of 40 hours a week except in case of an emergency and is entitled to 2 days off in each 7-day period.
History: En 16-3705.1 by Sec. 1, Ch. 329, L. 1973; R.C.M. 1947, 16-3705.1; amd. Sec. 23, Ch. 128, L. 2011.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 21. Sheriff's Office › 7-32-2112. Exception for organizing posse

7-32-2112. Exception for organizing posse.
The provisions of 7-32-301 through 7-32-303 shall not apply in cases of the officers listed in 7-32-301 summoning a posse forthwith to quell public disturbance or domestic violence.
History: En. Sec. 4598, Pol. C. 1895; re-en. Sec. 3124, Rev. C. 1907; re-en. Sec. 4879, R.C.M. 1921; re-en. Sec. 4879, R.C.M. 1935; amd. Sec. 1, Ch. 257, L. 1967; amd. Sec. 2, Ch. 66, L. 1971; amd. Sec. 1, Ch. 81, L. 1971; amd. Sec. 1, Ch. 62, L. 1973; amd. Sec. 2, Ch. 188, L. 1975; R.C.M. 1947, 16-3705(part).