(1) Rules and regulations of the board of crime control on minimum standards for employment as a law enforcement officer and as a detention officer, for equipment and for procedures; requiring basic training for law enforcement and detention officers appointed after the effective date of this regulation; providing for the appointment of a peace officers standards and training advisory council; and providing for the administration of these rules and regulations and for the adoption of necessary regulations as provided by 44-4-301, MCA.

(2) The objective of the board of crime control is to establish minimum standards for employment for all enforcement and detention officers and their equipment, procedures and training of professional character and to insure the fair and equal application of law enforcement throughout the state of Montana, all in the interest of the public safety and welfare.

(3) There is hereby created in the board of crime control the peace officers standards and training advisory council to consist of no more than 18 members appointed by the governor which shall advise the board of crime control concerning the administration and purposes of this rule.   Members of this council shall include, but not be limited to, the following:

(a) one member to be the administrator of the Montana law enforcement academy;

(b) one member to be an incumbent chief of police recommended by the Montana chiefs of police association;

(c) one member to be an incumbent sheriff recommended by the Montana sheriffs and peace officers association;

(d) one member to be a deputy sheriff recommended by the Montana sheriffs and peace officers association;

(e) one member to be a police officer to be recommended by the Montana police protective association;

(f) one member to be recommended by the chief of the Montana highway patrol;

(g) one member to be recommended by the state fish, wildlife, and parks director;

(h) one member to be selected at large from the Montana criminal justice educators association;

(i) one member to be an incumbent mayor;

(j) one member to be an incumbent county commissioner;

(k) one member to be a delegate at large;

(l) one member to be a detention center administrator or detention officer;

(m) one member to be an incumbent county attorney recommended by the county attorneys association;

(n) one member to be a 911 coordinator or public safety communications officer;

(o) one member to be recommended by the director of the department of corrections;

(p) one member to be a juvenile detention officer or administrator of a juvenile detention center; and

(q) one member to be recommended by the director of the department of livestock.

(4) Members of the peace officers standards and training advisory council shall serve at the pleasure of the governor.

(5) Any member who shall cease to hold his or her official office shall, immediately upon the termination of this holding such office, cease to be a member of the council and a successor shall be appointed for the unexpired term in accordance with the provisions of (3) of this regulation.   Such appointment shall be made before the next scheduled meeting of the council.

(6) For the purposes of this regulation, the terms "law enforcement officer" and "peace officer" shall mean the undersheriffs and deputy sheriffs of each county, the members of the police force of every organized city or town, the marshals of every town, state highway patrol officers, state fish and game wardens, campus security police of the state university system and the airport police organized by airport commissions or boards who are given general police powers to enforce the state laws and city ordinances, and are salaried, full-time or part-time employees of their law enforcement agencies.   The terms "detention officer" and "detention center administrator" mean those defined in 44-4-302, MCA.

(7) The council shall meet at least four times each year.   At the first meeting of the council, it shall elect a chairperson.   Special meetings may be called by the chairperson, or upon the written request of a majority of the members of the council.   The council may establish its own requirements as to quorum, and its own procedures with respect to the conduct of its meetings and other affairs -- provided that all recommendations by the council to the board of crime control pursuant to (11) of this regulation shall require the affirmative vote of a majority of the members of the council.

(8) The members of the council shall receive compensation for their services as prescribed by law and shall be allowed their actual and necessary expenses incurred in the performance of their duties.

(9) Membership on the council does not constitute the holding of public office, and members of the council shall not be required to take and file oaths of office before serving on the council.   The council shall not exercise any part of the sovereign power of the state.

(10) No member of the council shall be disqualified from holding any public office or employment, nor shall he or she forfeit any such office or employment by reason of his or her appointment to the council, notwithstanding any general, special, or local law, ordinance or city charter to the contrary.

(11) The council shall recommend to the board of crime control rules and regulations with respect to:

(a) minimum standards of physical, educational, mental and moral fitness which shall govern the recruitment, selection and appointment of law enforcement officers, detention officers, and other qualified individuals;

(b) the approval, or revocation of approval, of law enforcement and detention officer training schools administered by the state, county, municipal corporations, public school districts, vocational-technical school districts, and law enforcement schools;

(c) minimum courses of study, attendance requirements, and equipment and facilities to be required at approved schools;

(d) minimum qualifications for instructors at the approved schools;

(e) the requirements of the minimum basic training which law enforcement and detention officers appointed to probationary terms shall complete before being eligible for permanent appointment, and the time within which such basic training must be completed following such appointment to a probationary term;

(f) the requirements of minimum basic training which law enforcement and detention officers not appointed for probationary terms but appointed on other than a permanent basis, shall complete in order to be eligible for continued employment or permanent appointment, and the time within which such basic training must be completed following such appointment on a non-permanent basis;

(g) categories or classifications of advanced in-service training programs and minimum courses of study and attendance requirements with respect to such categories or classifications;

(h) minimum standards for equipment, weaponry, vehicles, gear and other accessories purchased or used by law enforcement agencies; and

(i) minimum standards for record keeping and procedures.

(12) The board of crime control shall appoint an executive director and such additional staff as may be needed to implement the council's recommendations.   The executive director shall perform such duties as may be assigned by the board.   The executive director shall receive compensation, as fixed by the board, and reimbursement for expenses within the amounts available by appropriation.

(13) The council may, in its discretion:

(a) recommend studies, surveys, and reports to be made by the executive director regarding the carrying out of the objectives and purposes of this regulation;

(b) visit and inspect any law enforcement and detention officer training school approved by the board or for which application for such approval has been made;

(c) make recommendations to the executive director, board and legislative assembly, regarding carrying out the purposes of this regulation; and

(d) perform such other acts as may be necessary or appropriate to carry out the powers and duties of the board as set forth in this regulation.

(14) The board of crime control may adopt and promulgate any or all of the rules and regulations recommended by the council to the board pursuant to (11) of this regulation, and to revise or amend such recommended rules and regulations or to add new rules and regulations thereto.   When the board promulgates any rules or regulations, it shall transmit a certified copy thereof to the secretary of state.

(15) The executive director shall have the following duties, to be exercised as directed by the board:

(a) to approve law enforcement and detention officer training schools administered by state, county, municipal corporations, public school districts, vocational-technical school districts, private institutions and law enforcement;

(b) to certify as qualified instructors at approved law enforcement and detention officer training schools and to issue appropriate certificates to such instructors;

(c) to certify law enforcement and detention officers who have satisfactorily completed basic training programs and to issue appropriate certificates to such law enforcement and detention officers;

(d) to cause studies and surveys to be made relating to the establishment, operation, and approval of law enforcement and detention officer schools;

(e) to consult and cooperate with law enforcement and detention officer schools for the development of advanced in-service training programs for law enforcement and detention officers;

(f) to consult and cooperate with universities, colleges, and institutes for the development of specialized courses of study in the state for law enforcement and detention officers in police science, police administration, corrections and corrections administration;

(g) to consult and cooperate with other departments and agencies of the state and federal government concerned with law enforcement and detention officer training;

(h) to perform such other acts as may be necessary or appropriate to carry out the powers and duties set forth in this regulation; and

(i) to report to the council at each regular meeting of the council and at such other times as the council may require.

(16) Nothing in (2) through (16) , inclusive, of this regulation shall be construed to exempt any law enforcement officer, detention officer or other officer or employee from the provisions of Title 7, chapter 32, 7-32-303 or 44-4-301, MCA.

(17) No person shall, after the effective date of this regulation, receive an original appointment on a permanent basis as a law enforcement or a detention officer as defined in this regulation, unless such person has met the minimum employment standards established by the board and has previously been awarded a certificate by the board attesting to the person's satisfactory completion of an approved state, county, or municipal police or detention officer basic training program; and every person who is appointed on a temporary basis or for a probationary term or on other than a permanent basis as a law enforcement or a detention officer as defined in this regulation, shall forfeit that person's position as such unless he or she previously has satisfactorily completed, or within the time prescribed by regulations promulgated by the board of crime control, satisfactorily completes an approved basic training program at a law enforcement or a detention officer school and is awarded a certificate by the board attesting thereto and has met the minimum employment standards established by the board.

(18) The board shall issue waivers on minimum standards, either separately or collectively, for good cause shown.

(19) Any amounts appropriated by the legislature shall be paid by the state treasurer in accordance with the laws of the state upon certification of the board for the purpose of reimbursing any state department, county, city, municipal corporation, college or university.

(20) In no event shall any payment be made to any state department, county, city, municipal corporation, college or university which has not adhered to the standards established by the board as applicable to personnel recruited or trained by such state department, county, city, municipal corporation, college or university during the period for which reimbursement is sought, and the board has not issued a waiver.

(21) Any state department, county, city, municipal corporation, college or university which desires to receive aid pursuant to this regulation shall make application to the board for such aid.   The application must be accompanied by a certified copy of a law, ordinance or resolution adopted by its governing body providing that while receiving any aid pursuant to this regulation, the state department, county, city, municipal corporation, college or university will adhere to the standards established by the board, or by a copy of a waiver by the board.   The application shall contain such information as the board may request.