Title 7, Title 7

(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…

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.

(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 fr…

An auxiliary officer has only the arrest authority granted a private person in 46-6-502.

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 vi…

(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 th…

(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, g…

(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) …

(1) Except as provided in subsection (2), an officer who has been issued a peace officer basic certification by the Montana public safety officer standards and training council or who is eligible for the certification and who becomes an active reserve officer in Montana may retai…

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 a…

The person or body authorized by law to appoint special deputies, marshals, or police officers may in its discretion waive residency requirements.

(1) For the purposes of this section, unless the context clearly indicates otherwise, the following definitions apply: (a) "Council" means the Montana public safety officer standards and training council established in 2-15-2029. (b) "Peace officer" means a deputy sheriff, unders…

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.

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 peac…

(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 exp…

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.

(1) Unless otherwise provided in subsection (2), there must be in every city and town of this state a police department that must be organized, managed, and controlled as provided in this part. (2) A third-class city or a town of this state may enter into a contract or interlocal…

(1) This part shall in all respects be applicable to and shall govern and control police departments in every such city or town organized under any form of municipal government except where this part is in conflict with the commission form of government provided for in part 42 of…

The mayor in all cities and towns or the manager in those cities operating under the commission-manager plan has charge of and supervision over the police department. The mayor or manager shall appoint all the members and officers of the department. Subject to the provisions of t…

In addition to the provisions herein contained, the city or town council may make any ordinances, not inconsistent with this part or any law of the state, for the government of the police department and for regulating the powers and duties of its officers and members.

(1) The chief of police: (a) shall execute and return all process issued by the city judge or directed to the chief of police by any legal authority and must be present and shall assist the city court regularly; (b) shall arrest all persons guilty of a breach of the peace or for …

(1) The city council has exclusive power to determine and limit the number of police officers and members to comprise the police force of any city, to reduce the number of the police force at any time, and to divide the police membership into two lists: (a) one list is an active …

Police officers on the retired list of a city or town shall retire from the active list of police officers of the city or town but must be subject to call for police service or active duty whenever an emergency requires or the active list is temporarily insufficient for proper po…

All appointments to the police force must be made by the mayor or, in those cities operating under the commission-manager plan, by the manager and must be confirmed by the city council or commission. An appointment may not be made until: (1) an application for a position on the p…

The mayor of a city may, at any time when considered expedient, employ not to exceed two persons at one time for a period not to exceed 30 days to do police duty who are not members of the police department.

(1) An applicant for a position on the police force who has already served 20 years or more in the aggregate on the police force of the city or town to which the person is applying for reinstatement may make application within 1 year from the date on which the person's name was r…

(1) All applicants for positions on the police force whose applications are referred to the police commission must be required to successfully undergo an examination before the police commission and to receive a certificate from the commission that the applicant is qualified for …

A member of a police department on the active list of any city at the time of appointment under this part may not be less than 18 years of age, must be a citizen of the United States, and must meet the minimum qualifying standards for employment promulgated by the Montana public …

(1) Every applicant who has passed the examination and received the certificate referred to in 7-32-4108 must first serve for a probationary term of not more than 1 year. At any time before the end of such probationary term, the mayor, or the manager in those cities operating und…

(1) Except as provided in subsection (2), a member of the police force may not hold any other office or be employed in any other department of the city or town government. A member of the police force may not strike, as provided in 39-31-501. (2) A member of the police force of a…

No member of the police force shall be liable to military or jury duty or to arrest on civil process while actually on duty.

(1) Each duly confirmed member of a police department of cities of the first and second class of Montana is entitled to a minimum wage for a daily service of 8 hours' work of at least $750 per month for the first year of service and thereafter at least $750 a month plus 1% of the…

(1) Cities of all classes, if they provide insurance for other city employees under Title 2, chapter 18, part 7, shall: (a) provide the same insurance to their respective police officers; (b) notwithstanding Title 2, chapter 18, part 7, pay no less than the premium rate in effect…