1999 Montana Legislature

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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; REMOVING THE PROVISION PROHIBITING A LAW ENFORCEMENT OFFICER FROM BEING APPOINTED AS OR PERFORMING THE DUTIES OF 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 such the necessary probation officers as are required to carry out the purpose and intent of this chapter. He The judge shall appoint such part-time probation officers as shall be required. The qualifications for part-time probation officers must approximate those required for probation officers insofar 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 insure 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. No A Except as provided in subsection (2), a person while serving as a law enforcement officer may not not be appointed or as and may not perform the duties of a full-time or part-time full-time or part-time probation officer; however, a law enforcement officer may not act as a probation officer in a case in which the officer was the arresting 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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Latest Version of SB 24 (SB0024.03)
Processed for the Web on January 15, 1999 (4:47PM)

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