SENATE BILL NO. 24

INTRODUCED BY L. NELSON

A BILL FOR AN ACT ENTITLED: "AN ACT ALLOWING A YOUTH COURT JUDGE IN CERTAIN RURAL AREAS TO APPOINT A LAW ENFORCEMENT OFFICER AS A PART-TIME PROBATION OFFICER; AND AMENDING SECTION 41-5-1701, MCA."

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

Section 1. Section 41-5-1701, MCA, is amended to read:

"41-5-1701. Appointment of probation officers. (1) The youth court judge of each judicial district shall appoint the necessary probation officers required to carry out the purpose and intent of this chapter. The judge shall appoint part-time probation officers as required. The qualifications for part-time probation officers must approximate those required for probation officers as much as possible. A chief probation officer must be appointed by the judge to supervise the youth division offices in the judicial district. The judge shall also ensure that the youth division offices are staffed with necessary office personnel and that the offices are properly equipped to effectively carry out the purpose and intent of this chapter. Except as provided in subsection (2), a person while serving as a law enforcement officer may not be appointed as and may not perform the duties of a full-time or part-time probation officer .

(2) A youth court judge in a judicial district that serves a county with a population of 5,000 or less may appoint a law enforcement officer to act as a part-time probation officer in that county. A law enforcement officer may not act as a probation officer in a case in which the officer was the arresting officer."

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