Montana
Montana’s Public Safety Officer Standards and Training (POST) Council certifies Department of Corrections corrections officers, county detention officers, and probation and parole officers, each in its own discipline, and can suspend or revoke certification. A 2019 law limits restrictive housing in state facilities. Since 2023 the State has let corrections officers detain people on prison property, protected injured detention officers’ net pay, barred revocation solely for mental illness, opened detention and corrections jobs to lawful permanent residents, extended break-in-service rules to all public safety officers, limited restraints on women in labor in county detention centers, and given sheriff-office detention officers longevity pay. Montana acts without an effective-date section take effect October 1; entries are dated by effective date.
- Sources checked
- Part of
- Corrections Ledger
At a glance
- Certifying body
- Montana Public Safety Officer Standards and Training (POST) Council. “Public safety officer” expressly includes a Department of Corrections corrections officer with custody duties in a state adult or juvenile facility, a county detention officer in a detention center or youth detention facility, and a Department of Corrections probation or parole officer (MCA 44-4-401(2)). POST issues a separate basic certificate in each discipline, including “detention/corrections officer” and “probation and parole officer” (ARM 23.13.206(1)). The Council is covered on the Montana Officer Ledger page.
- Statute
- MCA Title 44, chapter 4, part 4 (POST Council); MCA 2-15-2029 (Council structure and rulemaking); MCA 7-32-303 (peace officer standards, whose break-in-service rules also apply to other public safety officers through 44-4-404(2)); MCA 53-30-701 to 53-30-725 (restrictive housing); MCA 46-23-1003 (probation and parole officer qualifications). Rules: ARM chapter 23.13 (MCA 44-4 part 4).
- Minimum standards
- By rule, every public safety officer must be at least 18, be fingerprinted with a records search, have no conviction for a crime punishable by penitentiary imprisonment or involving unlawful sexual conduct, have good moral character shown by a thorough background check, have a high school diploma or equivalent, pass an oral interview, be in good standing with POST and other states’ equivalent boards, hold a driver’s license if driving is part of the job, and follow the POST code of ethics. Since January 11, 2025, detention/corrections and probation and parole officers may be U.S. citizens or lawful permanent residents; peace officers and 911 officers must be citizens (ARM 23.13.801(2)). The appointing authority must apply these standards and terminate an officer who fails them (MCA 44-4-404(1)).
- Basic training
- Each public safety officer must complete the Council-approved basic or basic equivalency course for the discipline within 1 year of hire. The appointing authority may apply for an extension, which may not exceed 180 days, and the clock is stayed during military duty (MCA 44-4-404). The basic certificate also requires at least 1 year of discipline-specific experience with the current appointing authority. Since October 1, 2025, the peace officer break-in-service rules apply to every discipline (44-4-404(2)). “The amount of training hours required in any basic public safety officer’s course must be approved by the council” (ARM 23.13.304(1)); neither statute nor rule fixes the hours of the detention/corrections course.
- In-service training
- Every public safety officer must complete 20 hours of documented in-service or POST-approved continuing education every two calendar years, including a professional ethics curriculum (ARM 23.13.801; see the Officer Ledger page). Probation and parole officers also need 16 hours a year of training on probation officer duties, at least 1 hour of it on serious mental illness (MCA 46-23-1003(2)).
- Decertification
- The same POST process applies to every discipline. Rule grounds include dishonesty, substance abuse, on-duty intoxication including marijuana, listed convictions, ethics violations, “the use of excessive or unjustified force in conjunction with official duties,” and sexual misconduct (ARM 23.13.702). Since 2023 the Council may not revoke solely for mental illness (MCA 44-4-403(3)). Since March 23, 2024, jails, prisons, and probation offices must report conduct to POST even while other proceedings are pending. Grounds, procedure, and the POST Integrity Report are on the Officer Ledger page.
- Jail standards
- No state body that sets or inspects county detention center standards was found. MCA 7-32-2222 requires each detention center to comply with state and local fire codes for correctional occupancy and with sanitation, safety, and health codes, but names no state inspection agency. A 2023 bill draft to “Generally revise jail and detention standards” (LC1196) died in drafting.
- Probation and parole officers
- Department of Corrections probation and parole officers are public safety officers certified by POST in their own discipline. By statute they need a college degree with some formal training in behavioral sciences (work experience may substitute at 1 year per 9 months of education, with Department approval), 16 hours of training a year, and POST training at the Montana Law Enforcement Academy unless the Council finds another place more appropriate (MCA 46-23-1003). POST also certifies misdemeanor probation and pretrial services officers as a separate discipline.
- Restrictive housing
- Statutory limits since 2019 (Ch. 482, L. 2019; no 2023 to 2026 amendment found). Restrictive housing, meaning cell confinement at least 22 hours a day, should be used only for the most serious and threatening behavior, for the shortest time possible, and under the least restrictive conditions. Pregnant or postpartum inmates may not be placed there absent exigent circumstances, and then for no more than 24 hours without administrator approval. No placement based solely on disability or mental disorder unless a qualified mental health professional, after a prompt evaluation, finds an immediate and serious danger with no reasonable alternative; a person so placed must be evaluated within 48 hours and every 14 days after that (53-30-707). A person with a severe mental illness may not be held there more than 14 days unless a multidisciplinary team finds an immediate and present danger (53-30-708(6)). Administrative segregation and protective custody reviews every 7 days for the first 60 days, then every 30 days; at least 1 hour of exercise outside the cell 5 days a week; step-down programs after 30 days. Youth facilities may use only protective custody, up to 24 hours (MCA 53-30-701 to 725).
- Corrections use of force
- County detention centers (since October 1, 2025): restraints may not be used on an inmate known to be pregnant during labor and delivery except on an individualized finding that she is an established flight risk or a clear threat to harm herself or others, and leg or waist restraints may never be used during labor and delivery (MCA 7-32-2220). State facilities: the restrictive housing limits for pregnant and postpartum inmates in 53-30-703. Since 2023, Department of Corrections corrections officers may detain a person on state correctional facility property on reasonable suspicion of listed offenses (46-6-507(2)). Excessive or unjustified force is a POST decertification ground (ARM 23.13.702(3)(k)).
Changes, 2023 to 2026
Basic-course rules: annual POST audits, provider reporting, and no alternative-location clause for detention/corrections courses
ARM 23.13.304 now requires any agency that provides or oversees a basic course to report substantiated grounds for discipline to the executive director, and states: “POST will, at least annually, audit every public safety course that exceeds 40 hours, except the reserve officer basic courses.” It also sets requirements for college-run basic courses. ARM 23.13.806(1) previously said “The council may approve a location other than the Montana Law Enforcement Academy for the basic or basic equivalency courses in the following disciplines: detention/corrections officer; probation and parole officer; ...”; that sentence was deleted. HB 589 (2025, Ch. 499), effective May 8, 2025, gave the Council the related rulemaking authority over qualified academies.
For corrections staff: Detention/corrections and probation and parole basic courses over 40 hours are now audited by POST at least once a year.
County detention centers may not restrain women in labor except on an individual risk finding
Restraints may not be used on an inmate known to be pregnant during labor and delivery unless the detention center makes an individualized determination that she is an established flight risk or a clear threat to harm herself or others. “Leg or waist restraints may not be used on a pregnant inmate during any stage of labor and delivery under any circumstances.” Restraints must be the least restrictive necessary and removed when the risk is mitigated or when a treating doctor, nurse, or other health care professional asks. “Restraints” includes handcuffs, shackles, belly chains, and cloth or leather devices.
For corrections staff: Detention officers escorting a woman in labor may never use leg or waist restraints and must remove other restraints when medical staff ask.
Detention officers in sheriff’s offices get longevity pay like deputies
“A deputy sheriff, undersheriff, or detention officer is entitled to receive a longevity payment amounting to 1% of the minimum base annual salary for each year of service with the office,” starting at the first anniversary, for detention officers employed under a sheriff’s office “unless already provided for in a negotiated agreement.” Sections 7-4-2508 to 7-4-2510 control over conflicting law for those detention officers, and the act supersedes the unfunded-mandate laws.
For corrections staff: Detention officers in a sheriff’s office earn 1 percent longevity pay per year of service unless their contract already covers it.
Break-in-service training rules extended to detention, corrections, and probation officers
New 44-4-404(2): “The provisions of 7-32-303(6), (7)(a), and (7)(d) apply to public safety officers in the public safety officer’s specific discipline.” An officer must finish the basic course within 1 year of first appointment, or of a new appointment after a break of more than 5 years; a break of less than 3 years needs no retraining; a person hired 3 to 5 years after the academy must pass the equivalency course. Where a discipline has no equivalency course, an officer with a 3-to-5-year break must retake the basic course within 1 year. Reserve officers are excluded.
For corrections staff: A detention or corrections officer returning after 3 to 5 years away must pass an equivalency course, or redo the basic course if the discipline has none.
Lawful permanent residents may serve as detention, corrections, and probation and parole officers
Before, every public safety officer had to “be a citizen of the United States or may be a registered alien if unsworn.” Now peace officers and public safety communications officers must be citizens, and any other public safety officer may “be a citizen of the United States or a lawful permanent resident.”
For corrections staff: Jails and the Department of Corrections may hire lawful permanent residents as detention, corrections, or probation and parole officers.
Agencies must report misconduct to POST without waiting for other proceedings to end
Before: “If review of an officer’s conduct is pending before any court, council, tribunal, or agency, the employing authority may wait for a final adjudication before reporting.” Now “the appointing authority must report the officer’s conduct to the executive director and may request that POST take no action until final adjudication,” decided by majority vote of the Case Status Committee. The package also folded the “prejudicial to the administration of justice” ground into the neglect-of-duty ground.
For corrections staff: Jails, prisons, and probation offices must report a reportable matter to POST right away, even while a criminal case or grievance is pending.
Injured county detention officers keep their net pay for up to a year, or take light duty
A detention officer injured in the performance of duty and unable to work “must be paid by the county the difference between the detention officer’s net salary following adjustments for income taxes and pension contributions and the amount received from workers’ compensation,” until the disability ends or for up to 1 year, whichever comes first. Payment stops if the officer refuses available light duty that a health care provider supports, and the officer may be transferred within the county.
For corrections staff: A county detention officer hurt on the job keeps full net pay for up to a year, unless the officer turns down supported light duty.
Certification may not be revoked solely for mental illness
“The council may not revoke a public safety officer’s certification solely on the basis of a public safety officer’s mental illness” unless, even with reasonable accommodation, a resulting condition substantially limits the officer’s ability to perform essential duties or poses a direct threat to the public or fellow officers. The limit applies to detention, corrections, and probation and parole officers.
For corrections staff: A corrections officer cannot be decertified for a mental health diagnosis alone.
On-duty intoxication ground now covers marijuana
Ground (3)(d) covered being under the influence of “alcoholic beverages” on duty, or using them in a discrediting manner. It now covers “unauthorized use of or being under the influence of an intoxicating substance, including alcoholic beverages or marijuana, while on duty,” with the same discrediting-use clause.
For corrections staff: Marijuana use on duty, or off-duty use that discredits the officer or agency, can cost a corrections officer POST certification.
Corrections officers may detain people on state correctional facility property
A Department of Corrections corrections officer who, on the property of a state adult or juvenile correctional facility, has reasonable suspicion that a person is committing or has committed a violation of 45-6-203, 45-7-306, or 45-7-307, or is aiding an offender in one, “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.” The section previously covered only probation and parole officers.
For corrections staff: Prison officers may hold a visitor or other person on facility grounds for a listed offense, but must call law enforcement at once.
Training-deadline extensions and a pause for military duty
HB 77 lets the appointing authority apply to POST for an extension to complete minimum training, for reasons such as illness, lack of access to the equivalency course, or staff shortage; “The extension may not exceed 180 days.” Under HB 78, “The public safety officer’s 1-year period to complete minimum training standards must be stayed” while the officer is on state or federal military duty, with notices on departure and return. HB 78 applies retroactively to an officer ordered to state or federal military duty on or after July 1, 2022 (sec. 3).
For corrections staff: A detention or corrections officer called to military duty before finishing the basic course has the 1-year clock paused.
Quarterly reports to the legislature on pending POST investigations
“Starting October 1, 2023, and each quarter after, the council shall provide a written report on pending investigations to the law and justice interim committee,” showing for each investigation when it opened, the process left, and the likely timing, while protecting the privacy of those involved.
For corrections staff: Pending POST cases against corrections staff are reported to legislators each quarter, without names.
Enacted, not yet in force, pending, and bills that did not pass
No enacted Montana act affecting corrections staff that is waiting to take effect was found. Montana held no regular session in 2026; the Legislature next meets in January 2027.
These did not pass: bill drafts LC1522 (2023, “Revise restrictive housing laws”) and LC1196 (2023, “Generally revise jail and detention standards”), both died in drafting; HB 236 (2025, evaluations of defendants in detention centers or state prisons) died in Senate committee; and SB 425 (2025, out-of-state incarceration of certain inmates) died in process.
The October 1, 2025 dates for HB 475, SB 236, and HB 75 are the default date under MCA 1-2-201; the enrolled bills contain no effective-date section, and their codified text matches. Bill records on bills.legmt.gov are application routes built from the Legislature’s own pattern; rule texts were read through the rules.mt.gov policy library, which has no stable per-rule address.
Checked and unchanged
- MCA 53-30-701 to 725 (restrictive housing): enacted 2019; no 2023 to 2026 amendment found.
- ARM 23.13.702(3)(k) (excessive or unjustified force as a decertification ground): predates 2023.
- Not counted: MAR Notice No. 2025-113 (ARM 23.13.801, effective August 9, 2025) changed cross-references and dropped the requirement to keep records of oath administration; the minimum standards and in-service rules cited above are unchanged.
- Not verified: the hours of the POST detention/corrections and probation and parole basic courses, which the Council sets by approval; Montana Department of Justice POST pages returned HTTP 403 and were not used.
Bills in the legislature
Bills in the current session whose title concerns corrections officers, jails, probation and parole, and conditions of confinement, found automatically in LegiScan's copy of the legislature's records and refreshed daily (last on October 21, 2026). This list is not reviewed by an editor and is not a summary of the bills; each links to the legislature's own page, which controls. Bills that become law are added to the dated entries above once checked.
- Enacted
SB236: Allow longevity payments for county detention officers
Last action April 17, 2025: Chapter Number Assigned. 2025 Regular Session.
The law, section by section
Every section of the statutes and rules this page relies on that could be read from an official source, 22 in all, each linked to the official text. Headings are copied from the official tables of contents, checked October 21, 2026.
Montana Code Annotated: POST Council (Title 44, Chapter 4, Part 4), restrictive housing (Title 53, Chapter 30, Part 7), and single sections on peace officer standards, the Council, probation and parole officer qualifications and jail use of forceStatute · 22 sections
Official text current through Montana Legislature: "Montana Code Annotated 2025" (read 2026-10-21). Full parts 44-4-4 and 53-30-7; reserved sections (44-4-405, 53-30-704, 53-30-711, 53-30-721) omitted. From other parts only the single sections the page cites are listed. Headings from each part's section index. MCA 44-4-401 to 44-4-408; 53-30-701 to 53-30-725; 7-32-303; 2-15-2029; 46-23-1003; 7-32-2220, official text
Title 44, CHAPTER 4. MISCELLANEOUS FUNCTIONS OF DEPARTMENT OF JUSTICE, Part 4. Montana Public Safety Officer Standards and Training Council
- 44-4-401 Definitions
- 44-4-402 Membership -- composition
- 44-4-403 Council duties -- determinations -- appeals
- 44-4-404 Appointing authority responsible for applying standards -- training requirements
- 44-4-408 Investigations report
Title 7, CHAPTER 32. LAW ENFORCEMENT, Part 3. Qualifications of Law Enforcement Officers (section 7-32-303 only)
- 7-32-303 Peace officer employment, education, and certification standards -- suspension or revocation -- penalty
Title 2, CHAPTER 15. EXECUTIVE BRANCH OFFICERS AND AGENCIES, Part 20. Department of Justice (section 2-15-2029 only)
- 2-15-2029 Montana public safety officer standards and training council -- administrative attachment -- rulemaking
Title 53, CHAPTER 30. CORRECTIONS, Part 7. Restrictive Housing
- 53-30-701 Policy -- restrictive housing
- 53-30-702 Definitions
- 53-30-703 General requirements for restrictive housing -- procedures
- 53-30-707 Admission -- status review
- 53-30-708 Mental health status review
- 53-30-709 Supervisory oversight
- 53-30-710 Recordkeeping
- 53-30-716 Conditions of confinement
- 53-30-717 Programs, services, and access to legal and reading materials
- 53-30-718 Exercise outside of cell
- 53-30-719 Telephone privileges
- 53-30-720 Requirements for youth facilities
- 53-30-725 Step-down programs -- release directly from restrictive housing
Title 46, CHAPTER 23. PROBATION, PAROLE, AND CLEMENCY, Part 10. Supervision of Probationers and Parolees (section 46-23-1003 only)
- 46-23-1003 Qualifications of probation and parole officers
Title 7, CHAPTER 32. LAW ENFORCEMENT, Part 22. Detention Centers (section 7-32-2220 only)
- 7-32-2220 Use of restraints on pregnant inmates restricted -- extraordinary circumstances -- definition
Rules not listed: ARM Title 23, Chapter 13 (POST Council rules). The official rules site (rules.mt.gov) is JavaScript-only and no official table of contents could be read (same as the Officer Ledger library).
USCLI's source monitor re-reads the 15 official sources cited on this page around the clock; 3 answered unchanged at their latest check. The oldest of those checks was on October 20, 2026.
Last updated October 21, 2026Source: United States Council for Law & InvestigationCite as: United States Council for Law & Investigation, “Montana corrections law: Corrections Ledger,” uscli.org/corrections-tracker/montana (last updated October 21, 2026). Text licensed CC BY 4.0.