Montana Code Annotated
Title 7. Local Government
Chapter 32. Law Enforcement

7-32-103. Structure of department of public safety -- duties -- restrictions on evaluations - 7-32-103. Structure of department of public safety -- duties --...

7-32-104. Salaries - 7-32-104. Salaries. The provisions of 7-4-2503 notwithstanding, the salaries of...

7-32-105. Officers' status for purpose of enforcing and executing court orders - 7-32-105. Officers' status for purpose of enforcing and executing court...

7-32-106. Meaning of terms employee and subordinate employee - 7-32-106. Meaning of terms employee and subordinate employee. "Employee" or...

7-32-107. Hearing required for discharge of subordinate employee - 7-32-107. Hearing required for discharge of subordinate employee. In all...

7-32-108. Hearing procedure for employee discharged by appointed director - 7-32-108. Hearing procedure for employee discharged by appointed director. (1)...

7-32-109. Hearing procedure for employee discharged by elected director - 7-32-109. Hearing procedure for employee discharged by elected director. (1)...

7-32-110. Reinstatement of discharged employee who prevails in district court - 7-32-110. Reinstatement of discharged employee who prevails in district court....

7-32-111. through 7-32-114 reserved - 7-32-111 through 7-32-114 reserved.

7-32-115. Work period in lieu of workweek -- overtime compensation - 7-32-115. Work period in lieu of workweek -- overtime compensation....

7-32-116. through 7-32-120 reserved - 7-32-116 through 7-32-120 reserved.

7-32-121. Public safety commission - 7-32-121. Public safety commission. (1) The 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...

7-32-123. Appointment to five-member public safety commission - 7-32-123. Appointment to five-member public safety commission. (1) Upon the...

7-32-124. Appointment to seven-member public safety commission - 7-32-124. Appointment to seven-member public safety commission. (1) Upon the...

7-32-125. Residency requirements for public safety commissioners - 7-32-125. Residency requirements for public safety commissioners. Each commission member...

7-32-126. Vacancies and succession - 7-32-126. Vacancies and succession. (1) In case of a vacancy...

7-32-127. Organization of public safety commission - 7-32-127. Organization of public safety commission. (1) Not later than...

7-32-128. Meetings - 7-32-128. Meetings. Meetings of the commission must be held upon...

7-32-129. Compensation and expenses - 7-32-129. Compensation and expenses. Members of a public safety commission...

Part 2. Reserve and Auxiliary Officers

7-32-201. Definitions - 7-32-201. Definitions. As used in this part, the following definitions...

7-32-202. Prohibition on participation in certain pension and retirement systems - 7-32-202. Prohibition on participation in certain pension and retirement systems....

7-32-203. Provision of workers' compensation coverage - 7-32-203. Provision of workers' compensation coverage. (1) Each law enforcement...

7-32-204. through 7-32-210 reserved - 7-32-204 through 7-32-210 reserved.

7-32-211. Reserve officers authorized - 7-32-211. Reserve officers authorized. A local government may authorize reserve...

7-32-212. Prohibition on reduction of full-time officers - 7-32-212. Prohibition on reduction of full-time officers. A local government...

7-32-213. Qualifications for appointment as reserve officer - 7-32-213. Qualifications for appointment as reserve officer. To be appointed...

7-32-214. Basic training program required - 7-32-214. Basic training program required. (1) A reserve officer may...

7-32-215. Reserve manual required - 7-32-215. Reserve manual required. The authorizing law enforcement agency establishing...

7-32-216. Limitations on activities of reserve officers - 7-32-216. Limitations on activities of reserve officers. (1) A reserve...

7-32-217. Restrictions on carrying weapons - 7-32-217. Restrictions on carrying weapons. No reserve officer may carry...

7-32-218. Status of reserve officer upon activation - 7-32-218. Status of reserve officer upon activation. A reserve officer...

7-32-219. Reserve force coordinator - 7-32-219. Reserve force coordinator. The chief law enforcement administrator of...

7-32-220. Appointment of reserve officer to full-time position - 7-32-220. Appointment of reserve officer to full-time position. A reserve...

7-32-221. Termination of reserve officers - 7-32-221. Termination of reserve officers. Reserve officers serve at the...

7-32-222. Reserve officer change in residency - 7-32-222. Reserve officer change in residency. A reserve officer may...

7-32-223. through 7-32-230 reserved - 7-32-223 through 7-32-230 reserved.

7-32-231. Auxiliary officers authorized - 7-32-231. Auxiliary officers authorized. A local government may authorize auxiliary...

7-32-232. Role of auxiliary officers - 7-32-232. Role of auxiliary officers. (1) Auxiliary officers: (a) are...

7-32-233. Limitation on arrest authority of auxiliary officer - 7-32-233. Limitation on arrest authority of auxiliary officer. An auxiliary...

7-32-234. Exceptions - 7-32-234. Exceptions. Provisions of 7-32-211, 7-32-213, and 7-32-214 do not...

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...

7-32-236. Account for search and rescue unit training and support - 7-32-236. Account for search and rescue unit training and support....

7-32-237. and 7-32-238 reserved - 7-32-237 and 7-32-238 reserved.

7-32-239. Special services officers -- authorization -- role - 7-32-239. Special services officers -- authorization -- role. (1) Special...

7-32-240. Certification of Montana peace officer who leaves full-time or part-time employment to enter active reserve status in Montana -- definition - 7-32-240. Certification of Montana peace officer who leaves full-time or...

Part 3. Qualifications of Law Enforcement Officers

7-32-301. Residency requirements - 7-32-301. Residency requirements. A sheriff of a county, mayor of...

7-32-302. Waiver of residency requirements - 7-32-302. Waiver of residency requirements. The person or body authorized...

7-32-303. Peace officer employment, education, and certification standards -- suspension or revocation -- penalty - 7-32-303. Peace officer employment, education, and certification standards -- suspension...

7-32-304. Exception for organizing posse - 7-32-304. Exception for organizing posse. The provisions of this part...

7-32-305. Purchase of firearm by retiring law enforcement officer - 7-32-305. Purchase of firearm by retiring law enforcement officer. A...

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...

7-32-402. Military surplus -- public notification - 7-32-402. Military surplus -- public notification. If a 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...

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

7-32-2103. Repealed - 7-32-2103. Repealed. Sec. 1, Ch. 194, L. 1981. History: En....

7-32-2104. Qualifications of deputy sheriff - 7-32-2104. Qualifications of deputy sheriff. (1) A sheriff may not...

7-32-2105. Probationary period for deputy sheriff - 7-32-2105. Probationary period for deputy sheriff. Any person whose term...

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...

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...

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

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....

7-32-2110. Reinstatement of deputy sheriff - 7-32-2110. Reinstatement of deputy sheriff. In the event that a...

7-32-2111. Hours of work for deputy sheriff - 7-32-2111. Hours of work for deputy sheriff. A person employed...

7-32-2112. Exception for organizing posse - 7-32-2112. Exception for organizing posse. The provisions of 7-32-301 through...

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

7-32-2114. Assignment to light duty or other agency - 7-32-2114. Assignment to light duty or other agency. (1) Whenever,...

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

7-32-2120. Definitions - 7-32-2120. Definitions. As used in this part, the following definitions...

7-32-2121. Duties of sheriff - 7-32-2121. Duties of sheriff. The sheriff shall: (1) preserve the...

7-32-2122. Duties of undersheriff - 7-32-2122. Duties of undersheriff. Whenever a vacancy occurs in the...

7-32-2123. Appointment of detention center staff - 7-32-2123. Appointment of detention center staff. A sheriff who operates...

7-32-2124. Service of papers on sheriff - 7-32-2124. Service of papers on sheriff. Service of a paper,...

7-32-2125. Operation of sheriff's vehicle - 7-32-2125. Operation of sheriff's vehicle. The board of county commissioners...

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

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

7-32-2128. False claims by sheriff - 7-32-2128. False claims by sheriff. A sheriff who falsely represents...

7-32-2129. Misconduct of undersheriff - 7-32-2129. Misconduct of undersheriff. Any default, misfeasance, or malfeasance of...

7-32-2130. Liability for refusing to pay money - 7-32-2130. Liability for refusing to pay money. If on demand...

7-32-2131. Liability in civil actions - 7-32-2131. Liability in civil actions. (1) If the sheriff does...

7-32-2132. Renumbered 7-32-2250 - 7-32-2132. Renumbered 7-32-2250. Code Commissioner, 1989.

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

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

7-32-2141. Fees of sheriff - 7-32-2141. Fees of sheriff. (1) For the services provided in...

7-32-2142. Fees of sheriff for holding property - 7-32-2142. Fees of sheriff for holding property. For the expense...

7-32-2143. Mileage and expenses of sheriff in general - 7-32-2143. Mileage and expenses of sheriff in general. (1) Except...

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

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

Part 22. Detention Centers

7-32-2201. Establishing detention center -- detention center contract -- regional detention center -- authority for county to lease its property for detention center - 7-32-2201. Establishing detention center -- detention center contract -- regional...

7-32-2202. Use of detention center in contiguous county - 7-32-2202. Use of detention center in contiguous county. (1) When...

7-32-2203. Who may be confined in a detention center - 7-32-2203. Who may be confined in a detention center. Detention...

7-32-2204. Maintenance of detention center - 7-32-2204. Maintenance of detention center. The county commissioners, or the...

7-32-2205. Confinement of inmates - 7-32-2205. Confinement of inmates. The detention center administrator shall receive...

7-32-2206. Repealed - 7-32-2206. Repealed. Sec. 31, Ch. 461, L. 1989. History: (1)En....

7-32-2207. Confinement of persons on civil process - 7-32-2207. Confinement of persons on civil process. (1) Whenever a...

7-32-2208. Actual confinement of inmates required - 7-32-2208. Actual confinement of inmates required. An inmate committed to...

7-32-2209. Repealed - 7-32-2209. Repealed. Sec. 31, Ch. 461, L. 1989. History: En....

7-32-2210. Repealed - 7-32-2210. Repealed. Sec. 31, Ch. 461, L. 1989. History: En....

7-32-2211. Service of papers upon detention center administrator for inmate - 7-32-2211. Service of papers upon detention center administrator for inmate....

7-32-2212. Repealed - 7-32-2212. Repealed. Sec. 31, Ch. 461, L. 1989. History: En....

7-32-2213. Repealed - 7-32-2213. Repealed. Sec. 31, Ch. 461, L. 1989. History: En....

7-32-2214. through 7-32-2220 reserved - 7-32-2214 through 7-32-2220 reserved.

7-32-2221. Repealed - 7-32-2221. Repealed. Sec. 31, Ch. 461, L. 1989. History: En....

7-32-2222. Health and safety of inmates - 7-32-2222. Health and safety of inmates. (1) Each detention center...

7-32-2223. Repealed - 7-32-2223. Repealed. Sec. 31, Ch. 461, L. 1989. History: En....

7-32-2224. Payment of medical costs by entities other than inmate - 7-32-2224. Payment of medical costs by entities other than inmate....

7-32-2225. County jail work program - 7-32-2225. County jail work program. (1) A county may operate...

7-32-2226. Operation of county jail work program - 7-32-2226. Operation of county jail work program. (1) If a...

7-32-2227. Inmate eligibility for participation - 7-32-2227. Inmate eligibility for participation. A person may be permitted...

7-32-2228. through 7-32-2230 reserved - 7-32-2228 through 7-32-2230 reserved.

7-32-2231. Purpose to allow private industry involvement - 7-32-2231. Purpose to allow private industry involvement. It is the...

7-32-2232. Detention centers -- contracts with private parties - 7-32-2232. Detention centers -- contracts with private parties. (1) The...

7-32-2233. Requests for contract proposals - 7-32-2233. Requests for contract proposals. (1) A local government seeking...

7-32-2234. Powers of detention center administrators - 7-32-2234. Powers of detention center administrators. A detention center administrator...

7-32-2235. through 7-32-2240 reserved - 7-32-2235 through 7-32-2240 reserved.

7-32-2241. Definitions - 7-32-2241. Definitions. As used in this part, the following definitions...

7-32-2242. Use of detention center -- payment of costs - 7-32-2242. Use of detention center -- payment of costs. (1)...

7-32-2243. Contracts for detention center services - 7-32-2243. Contracts for detention center services. (1) Contracts concerning detention...

7-32-2244. Detention of juveniles - 7-32-2244. Detention of juveniles. Juveniles may be held in a...

7-32-2245. Payment of confinement and medical costs by inmate - 7-32-2245. Payment of confinement and medical costs by inmate. (1)...

7-32-2246. Temporary release from detention center - 7-32-2246. Temporary release from detention center. A detention center inmate...

7-32-2247. Annoyance of inmate prohibited -- penalty - 7-32-2247. Annoyance of inmate prohibited -- penalty. (1) The detention...

7-32-2248. Inmate endangerment -- penalty - 7-32-2248. Inmate endangerment -- penalty. (1) A detention center administrator...

7-32-2249. False claims by detention center administrator - 7-32-2249. False claims by detention center administrator. A detention center...

7-32-2250. Liability for escape in civil actions - 7-32-2250. Liability for escape in civil actions. (1) A detention...

7-32-2251. through 7-32-2254 reserved - 7-32-2251 through 7-32-2254 reserved.

7-32-2255. Inmate phone calls to attorney - 7-32-2255. Inmate phone calls to attorney. As needed and subject...

7-32-2256. Terminated - 7-32-2256. Terminated. Sec. 4, Ch. 101, L. 2019. History: En....

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...

7-32-2302. Establishment of curfew -- penalty - 7-32-2302. Establishment of curfew -- penalty. (1) (a) The governing...

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...

7-32-4102. Applicability of part - 7-32-4102. Applicability of part. (1) This part shall in all...

7-32-4103. Supervision of police department - 7-32-4103. Supervision of police department. The mayor in all cities...

7-32-4104. Additional regulations by city council - 7-32-4104. Additional regulations by city council. In addition to the...

7-32-4105. Duties of chief of police - 7-32-4105. Duties of chief of police. (1) The chief of...

7-32-4106. List of active and eligible police officers - 7-32-4106. List of active and eligible police officers. (1) The...

7-32-4107. Utilization of retired officers - 7-32-4107. Utilization of retired officers. Police officers on the retired...

7-32-4108. Appointment to police force - 7-32-4108. Appointment to police force. All appointments to the police...

7-32-4109. Temporary employment for persons doing police work - 7-32-4109. Temporary employment for persons doing police work. The mayor...

7-32-4110. Procedure for reinstatement on police force - 7-32-4110. Procedure for reinstatement on police force. (1) An applicant...

7-32-4111. Examination of applicants for position on police force - 7-32-4111. Examination of applicants for position on police force. (1)...

7-32-4112. Qualifications of police officers - 7-32-4112. Qualifications of police officers. A member of a police...

7-32-4113. Probationary period and confirmation of appointment - 7-32-4113. Probationary period and confirmation of appointment. (1) Every applicant...

7-32-4114. Restrictions on activities of police officers - 7-32-4114. Restrictions on activities of police officers. (1) Except as...

7-32-4115. Exemptions of members of police force - 7-32-4115. Exemptions of members of police force. No member of...

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....

7-32-4117. Group insurance for police officers -- funding - 7-32-4117. Group insurance for police officers -- funding. (1) Cities...

7-32-4118. Work period -- days off duty without loss of compensation - 7-32-4118. Work period -- days off duty without loss of...

7-32-4119. Overtime compensation - 7-32-4119. Overtime compensation. Members of police departments of cities of...

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...

7-32-4121. Action to recover salary - 7-32-4121. Action to recover salary. (1) Actions to recover salaries...

7-32-4122. Contributions for group life insurance and representation - 7-32-4122. Contributions for group life insurance and representation. (1) Unless...

7-32-4123. Nonparticipation - 7-32-4123. Nonparticipation. (1) The members of a city or town...

7-32-4124. through 7-32-4130 reserved - 7-32-4124 through 7-32-4130 reserved.

7-32-4131. Compensation and allowance for sick or injured police officers - 7-32-4131. Compensation and allowance for sick or injured police officers....

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...

7-32-4133. Repealed - 7-32-4133. Repealed. Sec. 5, Ch. 290, L. 1979. History: En....

7-32-4134. Repealed - 7-32-4134. Repealed. Sec. 5, Ch. 290, L. 1979. History: En....

7-32-4135. Discontinuation of salary when retirement allowance granted - 7-32-4135. Discontinuation of salary when retirement allowance granted. Payment of...

7-32-4136. Assignment to light duty or another agency - 7-32-4136. Assignment to light duty or another agency. (1) Whenever,...

7-32-4137. Effect on probationary status - 7-32-4137. Effect on probationary status. If the injured officer is...

7-32-4138. Subrogation - 7-32-4138. Subrogation. The municipality has a cause of action for...

7-32-4139. Repealed - 7-32-4139. Repealed. Sec. 3, Ch. 198, L. 2005. History: En....

7-32-4140. through 7-32-4150 reserved - 7-32-4140 through 7-32-4150 reserved.

7-32-4151. Police commission required in all cities and some towns - 7-32-4151. Police commission required in all cities and some towns....

7-32-4152. Term and compensation of members of police commission - 7-32-4152. Term and compensation of members of police commission. (1)...

7-32-4153. Meaning of word mayor - 7-32-4153. Meaning of word mayor. Wherever the word "mayor" is...

7-32-4154. Role of police commission in examination of applicants for police force - 7-32-4154. Role of police commission in examination of applicants for...

7-32-4155. Role of police commission in hearing and deciding appeals brought by police officers - 7-32-4155. Role of police commission in hearing and deciding appeals...

7-32-4156. Appeals to be in writing - 7-32-4156. Appeals to be in writing. An appeal brought by...

7-32-4157. Rights of police officer - 7-32-4157. Rights of police officer. The appealing police officer has...

7-32-4158. Police commission hearings open to public - 7-32-4158. Police commission hearings open to public. All hearings must...

7-32-4159. Subpoena authority of police commission - 7-32-4159. Subpoena authority of police commission. The presiding officer or...

7-32-4160. Decision by police commission - 7-32-4160. Decision by police commission. The police commission shall, after...

7-32-4161. Enforcement of decision - 7-32-4161. Enforcement of decision. The mayor shall make an order...

7-32-4162. Repealed - 7-32-4162. Repealed. Sec. 12, Ch. 468, L. 1993. History: En....

7-32-4163. Repealed - 7-32-4163. Repealed. Sec. 12, Ch. 468, L. 1993. History: En....

7-32-4164. Right to appeal - 7-32-4164. Right to appeal. A member of the police force...

Part 42. Municipal Detention Centers

7-32-4201. Municipal detention centers authorized - 7-32-4201. Municipal detention centers authorized. The city or town council...

7-32-4202. Repealed - 7-32-4202. Repealed. Sec. 31, Ch. 461, L. 1989. History: En....

7-32-4203. Repealed - 7-32-4203. Repealed. Sec. 31, Ch. 461, L. 1989. History: En....

Part 43. Powers of Municipal Council Related to Law Enforcement

7-32-4301. Regulations governing arrest authorized - 7-32-4301. Regulations governing arrest authorized. The city or town council...

7-32-4302. Control of disturbances of the peace - 7-32-4302. Control of disturbances of the peace. Within the city...

7-32-4303. Control of shoplifting - 7-32-4303. Control of shoplifting. The city or town council may...

7-32-4304. Control of disorderly conduct - 7-32-4304. Control of disorderly conduct. The city or town council...

7-32-4305. Repealed - 7-32-4305. Repealed. Sec. 2, Ch. 589, L. 1985. History: En....

7-32-4306. through 7-32-4310 reserved - 7-32-4306 through 7-32-4310 reserved.

7-32-4311. Maintenance of police telegraph - 7-32-4311. Maintenance of police telegraph. The city or town council...

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Montana Code Annotated Title 7. Local Government Chapter 32. Law Enforcement

Montana Code Annotated
Title 7. Local Government
Chapter 32. Law Enforcement