7-32-240. Certification of Montana peace officer who leaves full-time or part-time employment to enter active reserve status in Montana -- definition. (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 retain the officer's peace officer certification and return to full-time or part-time employment as a peace officer under the following circumstances:

(a) If the reserve officer has not had a break in service of more than 3 years at any time since the peace officer's last date of employment as a full-time or part-time peace officer in Montana, the peace officer retains the peace officer certification and may return to full-time or part-time employment as a peace officer from reserve status without attending an equivalency course or returning to the basic academy.

(b) If the reserve officer has had a break in service of more than 3 years at any time since the officer's last date of employment as a full-time or part-time peace officer in Montana, the officer must successfully complete the peace officer basic equivalency course, as approved by the council, within 1 year of the officer's most recent appointment as a full-time or part-time peace officer in Montana in order to maintain the officer's peace officer certification. If the officer fails the basic equivalency course, the officer must attend the peace officer basic course at the Montana law enforcement academy at the next available opportunity. The officer's agency may request an extension of time for the officer to meet the basic requirement pursuant to 7-32-303(9).

(c) If the reserve officer has had a break in service of more than 5 years at any time since the officer's last date of employment as a full-time or a part-time peace officer in Montana, the officer must successfully complete the peace officer basic course at the Montana law enforcement academy, as approved by the council, within 1 year of the officer's most recent appointment as a full-time or part-time peace officer in Montana in order to retain the officer's peace officer certification. The officer's agency may request an extension of time for the officer to meet the basic requirement pursuant to 7-32-303(9).

(2) (a) The provisions of subsection (1) do not apply to a peace officer who was last employed as a full-time or part-time peace officer outside of Montana, a peace officer who was last employed by a federal or United States military law enforcement agency, or to a reserve officer outside of Montana.

(b) Officers listed in subsection (2)(a) are subject to the provisions of 7-32-303(6) through (8).

(3) For the purposes of part 3 and this part, the phrase "break in service" means a continuous period in which the officer is not performing the duties of a peace officer in Montana, either as a full-time or part-time peace officer or as an active reserve officer.