AN ACT INCLUDING PROBATION AND PAROLE OFFICERS, CORRECTIONS OFFICERS, AND COMMERCIAL VEHICLE INSPECTORS AS OFFICERS FOR WHOM THE BOARD OF CRIME CONTROL MAY ESTABLISH MINIMUM QUALIFYING STANDARDS FOR EMPLOYMENT; INCLUDING PROBATION AND PAROLE OFFICERS, CORRECTIONS OFFICERS, AND COMMERCIAL VEHICLE INSPECTORS AS OFFICERS FOR WHOM THE BOARD MAY REVOKE OR SUSPEND CERTIFICATION; AUTHORIZING THE BOARD TO ESTABLISH MINIMUM STANDARDS FOR TRAINING CORRECTIONS OFFICERS AND COMMERCIAL VEHICLE INSPECTORS; REQUIRING THAT ALL PROBATION AND PAROLE OFFICERS, CORRECTIONS OFFICERS, AND COMMERCIAL VEHICLE INSPECTORS HIRED AFTER SEPTEMBER 30, 1999, ATTEND AN APPROPRIATE BASIC COURSE; ALLOWING APPOINTING AUTHORITIES TO TERMINATE PROBATION AND PAROLE OFFICERS, CORRECTIONS OFFICERS, OR COMMERCIAL VEHICLE INSPECTORS FOR FAILURE TO SATISFACTORILY COMPLETE THE APPROPRIATE BASIC COURSE; DEFINING "CORRECTIONS OFFICER" AND "COMMERCIAL VEHICLE INSPECTOR"; AND AMENDING SECTIONS 44-4-301 AND 44-4-302, MCA.

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

Section 1. Section 44-4-301, MCA, is amended to read:

"44-4-301. Functions. (1) As designated by the governor as the state planning agency under the Omnibus Crime Control and Safe Streets Act of 1968, as amended, the board of crime control shall perform the functions assigned to it under that act. The board shall also provide to criminal justice agencies technical assistance and supportive services that are approved by the board or assigned by the governor or legislature.

(2) The board may:

(a) establish minimum qualifying standards for employment of peace officers, as defined in 7-32-303, detention officers, detention center administrators, public safety communications officers, probation and parole officers, corrections officers, and commercial vehicle inspectors; and

(b) develop procedures for revoking or suspending the certification of peace officers, as defined in 7-32-303, detention officers, detention center administrators, public safety communications officers, probation and parole officers, corrections officers, and commercial vehicle inspectors.

(3) The board may require basic training for officers, establish minimum standards for equipment and procedures and for advanced inservice training for officers, establish minimum standards for the certification of public safety communications officers, establish minimum standards for the certification of motor carrier services division officers appointed under 61-12-201, and establish minimum standards for law enforcement and detention officer training schools administered by the state or any of its political subdivisions or agencies, to ensure the public health, welfare, and safety.

(4) The board may waive the minimum qualification standard provided in subsection (2) for good cause shown.

(5) The board shall establish minimum standards for training of probation and parole officers, pursuant to 46-23-1003.

(6) The board shall establish minimum standards for training corrections officers and commercial vehicle inspectors.

(7) It is the duty of the appointing authority to cause each probation and parole officer, corrections officer, and commercial vehicle inspector appointed under its authority whose term of employment commenced after September 30, 1999, to attend and successfully complete within 6 months of employment, an appropriate basic course certified by the board. The appointing authority may terminate a probation and parole officer's, corrections officer's, or commercial vehicle inspector's employment for failure to:

(a) meet the minimum standards established by the board; or

(b) satisfactorily complete the appropriate basic course."

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) "Commercial vehicle inspector" means a person authorized by the department of justice to conduct a motor carrier safety inspection pursuant to 44-1-1005.

(2) "Corrections officer" means a person 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 prison or juvenile correctional facility.

(3) "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.

(4) "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.

(5) "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.

(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 that a person is held in temporary detention may not exceed 96 hours."

- END -

I hereby certify that the within bill,

SB 0022, originated in the Senate.

Secretary of the Senate

President of the Senate

Signed this	day

of	, .

Speaker of the House

Signed this	day

of	, .

SENATE BILL NO. 22

INTRODUCED BY A. MOHL

BY REQUEST OF THE DEPARTMENT OF CORRECTIONS

AN ACT INCLUDING PROBATION AND PAROLE OFFICERS, CORRECTIONS OFFICERS, AND COMMERCIAL VEHICLE INSPECTORS AS OFFICERS FOR WHOM THE BOARD OF CRIME CONTROL MAY ESTABLISH MINIMUM QUALIFYING STANDARDS FOR EMPLOYMENT; INCLUDING PROBATION AND PAROLE OFFICERS, CORRECTIONS OFFICERS, AND COMMERCIAL VEHICLE INSPECTORS AS OFFICERS FOR WHOM THE BOARD MAY REVOKE OR SUSPEND CERTIFICATION; AUTHORIZING THE BOARD TO ESTABLISH MINIMUM STANDARDS FOR TRAINING CORRECTIONS OFFICERS AND COMMERCIAL VEHICLE INSPECTORS; REQUIRING THAT ALL PROBATION AND PAROLE OFFICERS, CORRECTIONS OFFICERS, AND COMMERCIAL VEHICLE INSPECTORS HIRED AFTER SEPTEMBER 30, 1999, ATTEND AN APPROPRIATE BASIC COURSE; ALLOWING APPOINTING AUTHORITIES TO TERMINATE PROBATION AND PAROLE OFFICERS, CORRECTIONS OFFICERS, OR COMMERCIAL VEHICLE INSPECTORS FOR FAILURE TO SATISFACTORILY COMPLETE THE APPROPRIATE BASIC COURSE; DEFINING "CORRECTIONS OFFICER" AND "COMMERCIAL VEHICLE INSPECTOR"; AND AMENDING SECTIONS 44-4-301 AND 44-4-302, MCA.