Montana Code Annotated 2023

TITLE 46. CRIMINAL PROCEDURE

CHAPTER 6. ARREST

Part 5. Arrest by a Private Person

Arrest By Probation And Parole Officer Or Corrections Officer

46-6-507. Arrest by probation and parole officer or corrections officer. (1) A probation and parole officer who, while in the course of conducting the officer's duties, has a reasonable suspicion that a person is interfering or will interfere with the officer's duties or has probable cause to believe that the person is committing or has committed an offense may detain the person. The probation and parole officer shall immediately notify the nearest available law enforcement agency or peace officer, and the law enforcement agency or peace officer shall either take the person into custody or release the person.

(2) A corrections officer employed by the department of corrections pursuant to 44-4-401(2)(a) who, while in the course of conducting the officer's duties on the property of a state correctional facility for adults or juveniles, has reasonable suspicion to believe a person is committing or has committed a violation of 45-6-203, 45-7-306, or 45-7-307 or is aiding or abetting an offender in violation of 45-6-203, 45-7-306, or 45-7-307, may detain the person. The corrections officer shall immediately notify the nearest available law enforcement agency or peace officer, and the law enforcement agency or peace officer shall either take the person into custody or release the person.

History: En. Sec. 4, Ch. 386, L. 2003; amd. Sec. 1, Ch. 469, L. 2023.