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Information Updated October 17, 2005
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Juvenile Probation
District Courts administer juvenile probation
services. Juvenile probation officers serve under the District Court judges and
are hired by the District Court judge. Effective July 1, 2002, the Montana
Supreme Court assumed jurisdiction over District Courts, including
probation offices. The state Supreme Court also funds probation offices. Judges retain authority over their
probation officers with the power to hire.
Juvenile probation officers do not carry firearms,
are not classified as peace officers, and do not have the power to arrest or
take into custody.
There is a legislative statute that prohibits
juvenile probation officers from carrying a firearm.
At the time of this survey, it was not under
consideration to allow juvenile probation officers to carry firearms.
There are no private companies providing juvenile
probation supervision.
Juvenile Parole
In Montana, juvenile parole is under the Executive
Branch, Department of Corrections, Youth Services Division (newly created
in the Fall of 2001).
Juvenile parole officers do not carry firearms.
Statute does not address juvenile parole officers carrying firearms and policy
dictates that they do not.
They are not classified as peace officers and do not
have the power to arrest.
The Youth Services Division's position is
that Juvenile Parole Officers will not carry firearms.
There are no private companies providing juvenile parole
services.
Adult Probation and Parole
In Montana, under
a statewide system adult probation and parole are under the Executive Branch,
Department of Corrections, Community Corrections, Division of Probation and
Parole.
Montanas firearm
policy was established in 1987 due to stated safety concerns. Carrying a
firearm is not mandatory,
but approximately 99% of officers carry a firearm.
While officers are
not classified as peace officers they do have the power to arrest or take into
custody.
The firearm
training is specific to probation and parole and is provided by the department
and is certified consistent with Montana law enforcement standards.
Although officers
have the option to carry, all must attend the firearms/use of force training,
which is a 40-hour training and proficiently complete the various phases of the
training before being allowed to carry a firearm. Officers practice monthly and
re-qualify semi-annually.
The department prefers officers to carry a
.40 caliber firearm. When a departmentally issued firearm is not available, officers may select
one of their own firearms contingent upon departmental approval.
There are no
private organizations that provide adult probation and parole supervision
services.
For updates or corrections to the information on this page, please
contact:
Diane Kincaid
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