Montana Code Annotated
Part 21. Sheriff's Office
7-32-2121. Duties of sheriff

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

Structure Montana Code Annotated

Montana Code Annotated

Title 7. Local Government

Chapter 32. Law Enforcement

Part 21. Sheriff's Office

7-32-2101. Vacancy in office of sheriff

7-32-2102. Undersheriff to be appointed -- return to other duties

7-32-2103. Repealed

7-32-2104. Qualifications of deputy sheriff

7-32-2105. Probationary period for deputy sheriff

7-32-2106. Attendance at Montana law enforcement academy required for deputy sheriffs

7-32-2107. Tenure for deputy sheriffs -- grounds for termination of employment -- restrictions on evaluations

7-32-2108. Written notice of termination of employment required

7-32-2109. Right to hearing on termination of deputy sheriff's employment

7-32-2110. Reinstatement of deputy sheriff

7-32-2111. Hours of work for deputy sheriff

7-32-2112. Exception for organizing posse

7-32-2113. Payment of partial salary of deputy sheriff injured in performance of duty

7-32-2114. Assignment to light duty or other agency

7-32-2115. through 7-32-2119 reserved

7-32-2120. Definitions

7-32-2121. Duties of sheriff

7-32-2122. Duties of undersheriff

7-32-2123. Appointment of detention center staff

7-32-2124. Service of papers on sheriff

7-32-2125. Operation of sheriff's vehicle

7-32-2126. Liability insurance for privately owned vehicles when used on official business

7-32-2127. Prosecution of action involving county law enforcement personnel brought against executor or administrator

7-32-2128. False claims by sheriff

7-32-2129. Misconduct of undersheriff

7-32-2130. Liability for refusing to pay money

7-32-2131. Liability in civil actions

7-32-2132. Renumbered 7-32-2250

7-32-2133. Qualifications for election or appointment to office of sheriff

7-32-2134. through 7-32-2140 reserved

7-32-2141. Fees of sheriff

7-32-2142. Fees of sheriff for holding property

7-32-2143. Mileage and expenses of sheriff in general

7-32-2144. Mileage and expenses of sheriff for delivery of prisoners and mentally ill persons

7-32-2145. Mileage and expenses of sheriff for return of fugitives