Title 7, Title 7

For the expense in taking and keeping possession of and preserving property under attachment, execution, or other process, the sheriff shall receive such sum as the court or judge may order, not to exceed the actual expense incurred. No keeper must receive to exceed $10 per day, …

(1) Except as provided in 7-32-2144 and 7-32-2145, in addition to the fees specified in 7-32-2141 and 7-32-2142, the sheriff may receive for each mile actually traveled in serving any writ, process, order, or other paper, including a warrant of arrest, or in conveying a person un…

(1) A sheriff delivering prisoners at the state prison or a juvenile correctional facility or mentally ill persons at the Montana state hospital or other mental health facility is entitled to actual expenses necessarily incurred in their transportation. The expenses include the e…

For trips made for the return of fugitives apprehended and arrested outside the county, the sheriff shall receive the actual necessary expenses incurred in going for and returning with such fugitive. In determining the actual expense if travel is by a privately owned vehicle, the…

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.

(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 s…

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 la…

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.

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 …

A reserve officer may be appointed as a full-time law enforcement officer through the procedures provided in Montana law for such appointments.

For the confinement of lawfully committed persons, the governing body of a county may participate in or undertake one or more of the following: (1) A detention center may be built or provided and kept in good repair at the expense of the county in each county, except that wheneve…

(1) When there is no detention center in the county or when the detention center becomes unfit or unsafe for the confinement of inmates, the district court judge may, by written appointment filed with the district court clerk, designate the detention center of a contiguous county…

Detention centers are used as follows: (1) for the detention of persons committed in order to secure their attendance as witnesses in criminal cases; (2) for the detention of persons charged with crime and committed for trial; (3) for the confinement of persons committed for cont…

The county commissioners, or the private party when provided in an agreement entered into under 7-32-2201(2), have the duty of building, operating, inspecting, and repairing the detention center and must take all necessary precautions against escape, sickness, or infection.

The detention center administrator shall receive all persons committed to the detention center by competent authority and provide them with necessary food, clothing, and bedding.

(1) Whenever a person is committed upon process in a civil action or proceeding, except when the state is a party to the action, the detention center administrator is not bound to receive the person unless security is given on the part of the party at whose instance the process i…

An inmate committed to a detention center for trial or examination or, except as provided in 7-32-2225 through 7-32-2227, a prisoner convicted must be actually confined in the detention center until the inmate or prisoner is legally discharged.

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.

A detention center administrator who is served with a paper in a judicial proceeding that is directed to an inmate in the administrator's custody shall immediately deliver it to the inmate.

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…

(1) Restraints may not be used on an inmate known to be pregnant during labor and delivery, except as provided in subsection (2). (2) (a) Except as provided in subsection (2)(b), restraints may be used on a pregnant inmate during labor and delivery in extraordinary circumstances …

(1) Each detention center shall comply with state and local fire codes for correctional occupancy and with sanitation, safety, and health codes. (2) Designated exits must permit prompt evacuation of inmates and detention center staff in an emergency. (3) When there is good reason…

(1) The detention center administrator shall forward to the appropriate arresting agency all charges for medical treatment for which the agency is responsible. (2) When the inmate is in the custody of a county detention center and the detention center administrator determines tha…

(1) A county may operate a county jail work program. The program may be established to allow jail inmates convicted of nonviolent offenses to serve a sentence of imprisonment in the county jail by performing county work without actual physical confinement in the county jail. (2) …

(1) If a county establishes a county jail work program, it must be authorized by the board of county commissioners and supervised by the county sheriff. The sheriff may permit persons eligible under the provisions of 7-32-2227 to work on public projects as designated by the board…

A person may be permitted to participate in a county jail work program if the person: (1) has been sentenced to the county jail for an offense and is not confined in the county jail upon process in a civil action or prior to examination or trial; (2) is not serving a sentence for…

It is the purpose of 7-32-2231 through 7-32-2234 to allow multijurisdictional or single-jurisdiction detention centers to be built by private industry and leased to the participating local government or governments for operation by the local government, collectively by participat…

(1) The term of an agreement under 7-32-2201 with a private party may not exceed 3 years. (2) The agreement must include: (a) detailed standards for the operation of the detention center and the incarceration of inmates; (b) a performance bond from the private party acceptable to…

(1) A local government seeking to enter into a contract under 7-32-2201 and 7-32-2232 may publish a request for proposals. The request for proposals must be published in a newspaper of general circulation in the county once a week for 3 successive weeks and must include informati…

A detention center administrator is responsible for the immediate management and control of the detention center subject to general policies and programs established pursuant to the agreement provided for in 7-32-2201(2) and any applicable interlocal agreement. The powers of an a…

(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 ent…

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" mean…

(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 …

(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…

Juveniles may be held in a detention center only in accordance with Title 41, chapter 5, part 3.

(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, ot…

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 t…

(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 …

(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…

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 vo…

(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 …

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.

(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 differen…

(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 refus…

(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 c…

(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 p…