HOUSE BILL NO. 482

INTRODUCED BY J. MANGAN

A BILL FOR AN ACT ENTITLED: "AN ACT EXEMPTING JUVENILE DETENTION OFFICERS WHO ARE EMPLOYED IN A JUVENILE DETENTION CENTER FROM BASIC DETENTION OFFICER TRAINING OVER THE NEXT 2 YEARS UNDER CERTAIN CONDITIONS; DEFINING "JUVENILE DETENTION CENTER" AND "JUVENILE DETENTION OFFICER"; AMENDING SECTION 44-4-302, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE AND A TERMINATION DATE."

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

NEW SECTION. Section 1. Temporary exemption for juvenile detention officers. (1) A juvenile detention officer employed by a juvenile detention center is exempt from the requirements for certification and basic detention officer training provided for in 44-4-301 on the following conditions:

(a) The juvenile detention center that employs the juvenile detention officer shall develop a training program based on training approved by a nationally recognized professional association for juvenile detention officers. The training program must include goals, objectives, a curriculum outline, and a budget.

(b) The jurisdiction that administers and operates the juvenile detention center shall assume the responsibility and cost for administering a training program for the juvenile detention officers employed in a juvenile detention facility and any associated liability related to the training.

(c) The juvenile detention center shall submit quarterly reports on the progress of the development and implementation of a training program provided for in subsection (1)(a) to the board of crime control, peace officer standards and training council, and youth justice council.

(d) The juvenile detention center shall present a final report to the board of crime control, peace officer standards and training council, and youth justice council by October 1, 2000, that includes the goals, objectives, curriculum, and budget and any findings, recommendations, and suggested legislation.

(e) The jurisdiction that operates and administers a juvenile detention center shall agree to allow the board of crime control, peace officer standards and training council, and youth justice council to contract, at the expense of the board of crime control, for an evaluation of the curriculum and training program by an outside party who has both adult and juvenile detention experience and to cooperate with the evaluation process.

(2) The board of crime control, peace officers standards and training council, and youth justice council shall present a report of its findings, recommendations, and suggested legislation regarding training for juvenile detention officers who are employed in juvenile detention centers to the 57th legislature.

(3) A county that complies with this section is eligible for reimbursement through the state grants for youth detention services provided for in Title 41, chapter 5, part 19, to the same extent that training received pursuant to 44-4-301 is reimbursable.

Section 2. Section 44-4-302, MCA, is amended to read:

"44-4-302. Definitions. As used in 44-4-301 and this section, 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 a detention center.

(2) "Detention center administrator" means the sheriff, chief of police, administrator, superintendent, director, or other individual serving as the chief executive officer of a detention center or temporary detention center.

(3) "Detention officer" means a person or a peace officer who has full-time or part-time authority and responsibility for maintaining custody of inmates and who performs tasks related to the operation of a detention center or temporary detention center.

(4) "Juvenile detention center" means a detention facility as defined in 41-5-103.

(5) "Juvenile detention officer" means a person who has full-time or part-time authority and responsibility for maintaining custody of juveniles under the jurisdiction of the youth court and who performs tasks related to the operation of a juvenile detention center.

(6) "Public safety communications officer" means a person who receives requests for emergency services, as defined in 10-4-101, dispatches the appropriate emergency service units, and is certified under 7-31-203.

(7) "Temporary detention center" means a facility for the temporary detention of an arrested person for up to 72 hours, excluding holidays, Saturdays, and Sundays. The period of time a person is held in temporary detention may not exceed 96 hours."

NEW SECTION. Section 3. Codification instruction. [Section 1] is intended to be codified as an integral part of Title 44, chapter 4, part 3, and the provisions of Title 44, chapter 4, part 3, apply to [section 1].

NEW SECTION. Section 4. Effective date. [This act] is effective on passage and approval.

NEW SECTION. Section 5. Termination. [This act] terminates June 30, 2001.

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