Title 44, Title 44

(1) The highway patrol has the responsibility to enforce the provisions of Title 61, chapters 5, 8, and 9, as they apply to motor carriers and shall assist the department of transportation in the enforcement of safety standards adopted pursuant to 61-10-154. (2) The highway patro…

There is hereby created a "Montana highway patrol" under the control and supervision of the department of justice.

The department of justice shall provide for clerical help, for the maintenance of the patrol, and for the employment and supervision of the patrol in conformity with the provisions of this chapter.

The department of justice may make, promulgate, and amend rules which prescribe procedures and practice requirements of the Montana highway patrol.

The department of justice shall furnish the governor with automobile transportation upon the governor's request, provided that the transportation must be limited to travel and transportation of the governor while on official business of the state.

The department of justice shall furnish patrol officers with automobiles equipped and fitted with a distinctive siren and a particularly designated light for use at night. The department shall furnish all patrol officers with uniforms and equipment necessary for the performance o…

The department of justice shall have authority to destroy, sell, or dispose of any and all obsolete equipment, uniforms, or parts of obsolete equipment or uniforms. Any money received from the sale of these items must be deposited into the state treasury in the fund and to the cr…

(1) There is an account in the state special revenue fund established by 17-2-102 to be known as the highway patrol administration account. (2) Funds directed to the account by 15-70-403(2)(b) and (3)(b) must be deposited in the account.

Upon making an arrest, a patrol officer shall: (1) deliver the offender to the nearest justice of the peace during office hours or to the county jail; (2) give the offender a summons describing the nature of the offense with instructions for the offender to report to the nearest …

(1) If the patrol officer accepts bail, the patrol officer shall give a signed receipt to the offender, setting forth the amount received. The patrol officer shall then deliver the bail money to the justice of the peace before whom the offender is to appear, and the justice of th…

(1) In the case of traffic violations, bond may be made by personal check in lieu of cash. Highway patrol officers or other authorized agents receiving bonds on behalf of the court may accept a personal check in lieu of cash if: (a) the check is drawn on a bank domiciled in the s…

(1) The headquarters of the Montana highway patrol is named after Kris Hansen, former chief deputy attorney general and state legislator. (2) The department of justice shall implement renaming the headquarters.

The attorney general shall select a highway patrol chief who must have the rank of colonel and shall hold office until the appointment has terminated for cause, as set forth in parts 7 through 9 of this chapter.

The person named as chief shall have been a continuous resident of Montana for at least 5 years.

The chief shall receive a salary fixed by the attorney general within the limits of the legislative appropriation for such purpose and travel expenses, as provided for in 2-18-501 through 2-18-503.

The chief shall have direct control and supervision of all patrol officers, subject to the approval of the attorney general.

The duties and jurisdiction of the supervisory personnel must be outlined and defined by and under the control of the chief. Quotas for investigative stops, citations, or arrests may not be established and may not be used in evaluating highway patrol officers.

The chief, with the approval of the attorney general and within the limits of any appropriation made available for the following purposes: (1) shall designate the authority and responsibility in each rank, grade, and position; (2) shall formulate standards, policies, and qualific…

Patrol officers shall possess the following qualifications: (1) sound and active physical and mental condition; (2) good moral character; (3) residency in Montana; (4) having passed a satisfactory test in the operation of automobiles; and (5) citizenship in the United States.

Supervisory personnel shall be selected from the patrol officers by the chief. The chief shall designate supervisory personnel, including but not limited to captains, lieutenants, sergeants, and patrol officers, in such numbers as necessary but within the limits of the legislativ…

Patrol officers filling vacancies caused by the incumbents' entrance into the armed forces of the United States shall, on the return of the incumbents, be placed in the patrol reserve without pay, except that they shall hold their probationary or permanent appointments while ther…

The highway patrol must be partially funded from the highway patrol administration account established in 44-1-110.

If a probationary patrol officer is appointed permanently, the officer must, at the time of appointment, receive the base salary of a patrol officer.

(Temporary) Special revenue account to partially fund highway patrol officers' salaries. (1) There is an account in the state special revenue fund provided for in 17-2-102. (2) The money in the account is for the department of justice to fund, pursuant to 2-18-303(5): (a) the bas…

A member of the highway patrol who, in the performance of the member's duties, suffers an injury that necessitates medical or other remedial treatment and that renders the member unable to perform the member's duties must be paid the full amount of the member's regular salary as …

(1) The highway patrol chief shall determine whether an injury incurred by an officer was incurred in the performance of the officer's duties and whether an injury incurred resulted in a disability. (2) In determining the nature and extent of an officer's injuries and the extent …

(1) The chief may appoint a physician to examine an injured officer from time to time. If, in the physician's opinion, the injured officer has sufficiently recovered to perform light duties or regular duties, the physician shall certify that fact. (2) An injured officer who unrea…

Payment of a salary benefit under 44-1-511 shall be discontinued if the injured officer is disabled for an indefinite period and is granted a disability retirement allowance under Title 19, chapter 6. If an officer is indefinitely disabled and does not apply for a disability reti…

(1) The chief, taking into consideration the medical opinions that the chief has received, may determine at any time that an injured officer is able to perform light duty consistent with the officer's status as a law enforcement officer and may order that the officer be assigned …

If the injured officer is on probationary status at the time the officer becomes injured, the balance of the officer's probationary time must be suspended until the officer returns to regular duty or is discharged for cause.

The state has a cause of action for reimbursement of sums it has paid to an officer as a salary benefit and for medical treatment and examinations against any third party against whom the officer has a cause of action for the injury which necessitated the payments by the state.

(1) When an officer receives compensation under 44-1-511, the officer's contribution for retirement under 19-6-402 must be paid on the compensation received under 44-1-511 and the state's contribution for retirement under 19-6-404 must be paid on the compensation received under 4…

A new patrol officer shall be placed under probationary training and service for a period of 6 months to 1 year. If the chief fails to recommend a permanent appointment by the end of the probationary period, the probationary patrol officer will automatically be discharged.

All newly appointed supervisory personnel shall be placed under probationary training and service for a period of 6 months to 1 year. If the chief fails to recommend a permanent appointment by the end of the probationary period, the probationary supervisory personnel will automat…

Each person employed or appointed and designated as a chief, captain, lieutenant, sergeant, patrol officer, or any other rank under and pursuant to the provisions of this chapter, except as provided in 44-1-601 and 44-1-602, shall continue in service and hold the position without…

Cause for suspension, demotion, or discharge is: (1) conviction of any crime involving moral turpitude in any court of competent jurisdiction subsequent to the commencement of such employment; (2) gross neglect of duty or willful violation or disobedience of orders or regulations…

(1) The highway patrol chief shall award to a highway patrol officer, on retirement, that highway patrol officer's badge, duty weapon, and handcuffs, providing that a committee of three of the highway patrol officer's peers certifies to the highway patrol chief that the retiring …

When the department of justice has cause to believe that any member of the highway patrol has violated any of the grounds for suspension, demotion, or discharge, it may impose a suspension without pay for up to 10 days without filing charges and conducting a hearing under part 8.

(1) The charge or charges against any member of the highway patrol shall be made in writing and signed and sworn to by the person making the charge or charges. (2) The written charge or charges shall be filed with the department of justice.

When charges are filed and the department of justice believes such charge or charges do not constitute grounds for suspension, demotion, or discharge, it shall dismiss such charges.

When charges are filed and the department of justice believes that such charge or charges constitute grounds for suspension, demotion, or discharge, it shall order a hearing to be had thereon before it and fix a time for such hearing.

If the department of justice orders a hearing, the chief may suspend such patrol officer pending the rendition of the decision made in such case.

(1) The department of justice shall, at least 10 days before the time appointed for a hearing, serve written notice on the accused patrol officer, specifying the charge or charges filed and stating the name of the person or persons making the charge or charges. (2) If the accused…

(1) The department of justice shall be the authority to hear such charge or charges and render a decision and appropriate order. (2) The department shall have the power to compel the attendance of witnesses at any such hearing and to examine them under oath and to require the pro…

The accused patrol officer is entitled to be confronted with the witnesses against the officer and to have an opportunity to cross-examine the witnesses and to introduce at the disciplinary hearing testimony in the officer's own behalf. The officer is entitled to be represented b…

The department of justice shall, within 30 days after such hearing or within the additional time to which the accused patrol officer consents, render its decision in writing and file same in its office, with the chief, and with the patrol officer accused.