# Montana

Montana’s Public Safety Officer Standards and Training (POST) Council certifies peace, detention, probation, and other public safety officers, and suspends or revokes certification. Since 2023 the State has barred revocation solely for mental illness, required quarterly reports to the legislature on pending POST investigations, let college and university academies deliver the basic course, and extended break-in-service training rules to all public safety officers. A 2024 rule revision requires agencies to report substantiated grounds even while other proceedings are pending. The legislature’s bill records confirm the 2025 signing dates; the 2023 signing dates could not be confirmed, so 2023 acts that took effect on approval are dated by year.

Source: https://uscli.org/officer-certification-tracker/montana

## At a glance

- **Certifying body:** Montana Public Safety Officer Standards and Training (POST) Council, a quasi-judicial board attached to the Department of Justice for administrative purposes only ([MCA 2-15-2029](https://leg.mt.gov/bills/mca/title_0020/chapter_0150/part_0200/section_0290/0020-0150-0200-0290.html)). It certifies peace officers, detention and corrections officers, probation and parole officers, misdemeanor probation officers, public safety communications officers, coroners, and reserves, and it suspends and revokes certification (MCA 44-4-401 to 44-4-404; ARM 23.13).
- **Statute:** [MCA 7-32-303](https://leg.mt.gov/bills/mca/title_0070/chapter_0320/part_0030/section_0030/0070-0320-0030-0030.html) (peace officer employment, education, and certification standards); MCA Title 44, ch. 4, part 4 (POST Council); MCA 2-15-2029. Rules: ARM Title 23, ch. 13.
- **Minimum standards:** By statute, a peace officer must be a U.S. citizen and at least 18; be fingerprinted, with no conviction for a crime punishable by imprisonment in a penitentiary; have good moral character after a thorough background investigation; have a high school diploma or equivalent; pass a mental health evaluation and a physical exam; complete an oral examination; hold a driver’s license; and be certified or eligible for certification. The basic course must be completed within 1 year (MCA 7-32-303(2), (6)). By rule, all public safety officers also must not have been convicted of a crime involving unlawful sexual conduct, must be in good standing with POST and other states’ licensing boards, and must abide by the code of ethics. Since January 11, 2025, public safety officers other than peace officers and communications officers may be citizens or lawful permanent residents ([ARM 23.13.801](https://rules.mt.gov/browse/collections/aec52c46-128e-4279-9068-8af5d5432d74/policies/6a559755-4ee0-4443-a2a2-5fb1d12c0c8b)).
- **Decertification:** The council “shall” provide for suspension or revocation (MCA 44-4-403). Since 2023 it may not revoke solely for mental illness unless the condition, even with reasonable accommodation, substantially limits essential duties or poses a direct threat. Rule grounds include dishonesty, substance abuse, on-duty intoxication including marijuana, listed criminal convictions, ethics violations, excessive or unjustified force, sexual misconduct, and action against a license in another state. Agencies must report substantiated grounds, a duty that predates 2023; since March 23, 2024 they must report even while other proceedings are pending, and may only ask POST to defer action ([ARM 23.13.702](https://rules.mt.gov/browse/collections/aec52c46-128e-4279-9068-8af5d5432d74/policies/e548dce0-8d03-453f-8cf7-f86497883fbb); ARM 23.13.703 to 721). Contested-case hearings are available. Acting as a peace officer while certification is revoked or denied for misconduct, or while suspended, is a misdemeanor (MCA 7-32-303(11)).
- **Public decertification list:** No statute requires one. POST publishes an [Integrity Report](https://dojmt.gov/wp-content/uploads/Integrity-Report-101921-083123.pdf) summarizing revocation and suspension cases; the latest posted covers October 19, 2021 to August 31, 2023. Officers’ biennial ethics training must review the current integrity report (ARM 23.13.801(2)(l)). Since 2023, MCA 44-4-408 requires quarterly reports to the Law and Justice Interim Committee on pending investigations, with privacy protections.
- **National Decertification Index:** None found. MCA 7-32-303, Title 44, ch. 4, part 4, and the current ARM 23.13 do not name the Index. ARM 23.13.801 requires good standing with other states’ POST-equivalent boards but names no database.
- **Continuing training:** By rule, all public safety officers must complete 20 hours of documented in-service or POST-approved continuing education every two calendar years, including a professional ethics curriculum on the code of ethics, the decertification grounds, and the current integrity report. Public safety communications officers must also complete telephone CPR training every two years. Armed officers must show firearms proficiency every year ([ARM 23.13.801(2)(l), (3)](https://rules.mt.gov/browse/collections/aec52c46-128e-4279-9068-8af5d5432d74/policies/6a559755-4ee0-4443-a2a2-5fb1d12c0c8b); ARM 23.13.805).

## Changes, 2023 to 2026

- Feb 7, 2026 — **POST rules drop references to the Montana Law Enforcement Academy as the only basic academy** — ARM 23.13.703 and 23.13.806, MAR Notice No. 2025-413 · Effective February 7, 2026 — After HB 589 (2025), ARM 23.13.703 lets “a public safety agency which provides or oversees a public safety officer basic course” submit a written misconduct allegation on agency letterhead. The rule had named the Montana Law Enforcement Academy. The sentence in ARM 23.13.806 on the academy’s location was deleted. — **For officers:** A college or university academy that runs a basic course may now file misconduct allegations with POST, as the Montana Law Enforcement Academy could. — [ARM 23.13.703](https://rules.mt.gov/browse/collections/aec52c46-128e-4279-9068-8af5d5432d74/policies/c4c3fe93-46b4-4e08-8813-94c85edafdc8)[ARM 23.13.806](https://rules.mt.gov/browse/collections/aec52c46-128e-4279-9068-8af5d5432d74/policies/7d2526c1-155e-41bc-b15c-6a9d9f304a90)
- Oct 1, 2025 — **Break-in-service training rules extended to all public safety officers** — HB 75 (2025), ch. 30, L. 2025, amending MCA 44-4-404 · Signed March 27, 2025; effective October 1, 2025 (the act has no effective-date section, so the default date in MCA 1-2-201 applies) — New 44-4-404(2) applies the peace officer rules in 7-32-303(6), (7)(a), and (7)(d) to all public safety officers in their own discipline. Where no basic equivalency course exists, an officer with a break in service of more than 3 but less than 5 years must retake the applicable basic course within 1 year. Reserve officers are excluded. — **For officers:** If you return after a break of more than 3 but less than 5 years and your discipline has no equivalency course, you must retake the basic course within 1 year. — [HB 75 versions](https://api.legmt.gov/docs/v1/documents/getBillVersions?legislatureOrdinal=69&sessionOrdinal=20251&billType=HB&billNumber=75)[MCA 44-4-404](https://leg.mt.gov/bills/mca/title_0440/chapter_0040/part_0040/section_0040/0440-0040-0040-0040.html)
- May 8, 2025 — **College and university academies may deliver the peace officer basic course** — HB 589 (2025), ch. 499, L. 2025, amending MCA 2-15-2029 and 7-32-303 · Signed May 8, 2025; effective on approval (sec. 3) — A peace officer may complete the council-approved basic course at the Montana Law Enforcement Academy or at a law enforcement academy run by an accredited Montana college or university. That academy’s curriculum must be approved by a Montana law enforcement agency and the council and be commensurate with the academy course. Out-of-state and federal training is now compared against a basic course “offered pursuant to subsection (6).” The council “may adopt rules” to implement 7-32-303. POST updated its rules to match in MAR Notice No. 2025-413, effective February 7, 2026. — **For officers:** You may complete the basic course at an approved college or university academy, not only at the Montana Law Enforcement Academy. — [HB 589 versions](https://api.legmt.gov/docs/v1/documents/getBillVersions?legislatureOrdinal=69&sessionOrdinal=20251&billType=HB&billNumber=589)[MCA 7-32-303](https://leg.mt.gov/bills/mca/title_0070/chapter_0320/part_0030/section_0030/0070-0320-0030-0030.html)
- May 8, 2025 — **POST Council: one crime control board seat, and a public safety communications officer added** — HB 793 (2025), ch. 533, L. 2025, amending MCA 44-4-402 · Signed May 8, 2025; effective on approval — The act reduces the Board of Crime Control seats on the council from two to one, adds a public safety communications officer, and renames “citizens at large” as “Montana citizens.” The council remains capped at 13 voting members. — **For officers:** Communications officers now have a seat on the council. — [HB 793 versions](https://api.legmt.gov/docs/v1/documents/getBillVersions?legislatureOrdinal=69&sessionOrdinal=20251&billType=HB&billNumber=793)[MCA 44-4-402](https://leg.mt.gov/bills/mca/title_0440/chapter_0040/part_0040/section_0020/0440-0040-0040-0020.html)
- Jan 11, 2025 — **Lawful permanent residents eligible for public safety positions other than peace officer and dispatcher** — ARM 23.13.801, 23.13.212, 23.13.301, 23.13.305, and 23.13.306, MAR Notice No. 23-13-284 · Effective January 11, 2025 — Peace officers and public safety communications officers must be U.S. citizens. Other public safety officers, such as detention, corrections, and probation officers, may be citizens or lawful permanent residents. The rule had said such an officer “may be a registered alien if unsworn.” Instructor-development course rules were also revised, with a new reference date of January 11, 2025. — **For officers:** If you are a lawful permanent resident, you may be certified as a detention, corrections, or probation officer, but not as a peace officer or dispatcher. — [ARM 23.13.801](https://rules.mt.gov/browse/collections/aec52c46-128e-4279-9068-8af5d5432d74/policies/6a559755-4ee0-4443-a2a2-5fb1d12c0c8b)[ARM 23.13.212](https://rules.mt.gov/browse/collections/aec52c46-128e-4279-9068-8af5d5432d74/policies/feeb7734-9021-40af-adba-02ca7bd60451)
- Mar 23, 2024 — **POST rule revision: reporting while other proceedings are pending, case status committee, certification procedure** — ARM 23.13 (about 35 rules amended or adopted, including new 23.13.105, 23.13.218, 23.13.305, and 23.13.306), 2024 MAR p. 607 · Effective March 23, 2024 — Agencies already had to report substantiated grounds for discipline. Under amended 23.13.702(2), the appointing authority “must report” them even while another proceeding is pending; it may no longer “wait for a final adjudication before reporting.” It may only ask POST to defer action, subject to a Case Status Committee vote. The separate ground for conduct “prejudicial to the administration of justice” was deleted, with similar language kept in another ground, and the remaining grounds were relettered. The conviction ground now cites the DUI laws in Title 61, ch. 8, part 10, in place of part 4. The accommodation language in the physical or mental condition ground now refers to accommodation “provided by the appointing authority.” Amended 23.13.703 routes allegations through the Case Status Committee, adds a preliminary investigation, and requires mailed notice. “Employing” authority becomes “appointing” authority throughout. New 23.13.218 sets the procedure for obtaining certification. In 23.13.801, the biennial ethics training now reviews the “current” integrity report, and the oral interview item no longer adds “and pass a thorough background check”; the separate good-moral-character background check remains. — **For officers:** Your agency must report substantiated misconduct to POST without waiting for other proceedings to end. — [ARM 23.13.702](https://rules.mt.gov/browse/collections/aec52c46-128e-4279-9068-8af5d5432d74/policies/e548dce0-8d03-453f-8cf7-f86497883fbb)[ARM 23.13.703](https://rules.mt.gov/browse/collections/aec52c46-128e-4279-9068-8af5d5432d74/policies/c4c3fe93-46b4-4e08-8813-94c85edafdc8)[ARM 23.13.218](https://rules.mt.gov/browse/collections/aec52c46-128e-4279-9068-8af5d5432d74/policies/37f7c9d2-9c79-4090-955e-0a73f1102826)
- Oct 1, 2023 — **Certification may not be revoked solely for mental illness** — HB 802 (2023), ch. 544, L. 2023, amending MCA 44-4-403 · Effective October 1, 2023 (computed: the act has no effective-date section, so the default date in MCA 1-2-201 applies); signing date not confirmed — New 44-4-403(3): the council “may not revoke” a public safety officer’s certification solely on the basis of mental illness. The exception is where, because of the illness, a condition exists that, even with reasonable accommodation, substantially limits the officer’s ability to perform essential duties or poses a direct threat to the public or fellow officers. — **For officers:** A mental illness alone is not grounds for revocation. — [HB 802 versions](https://api.legmt.gov/docs/v1/documents/getBillVersions?legislatureOrdinal=68&sessionOrdinal=20231&billType=HB&billNumber=802)[MCA 44-4-403](https://leg.mt.gov/bills/mca/title_0440/chapter_0040/part_0040/section_0030/0440-0040-0040-0030.html)
- 2023 — **Quarterly reports to the legislature on pending POST investigations** — HB 697 (2023), ch. 531, L. 2023 (sec. 1 codified as MCA 44-4-408; sec. 3 amending 44-10-204) · Effective on passage and approval (sec. 6); the approval date could not be confirmed from official sources; reports start October 1, 2023 — Starting October 1, 2023 and each quarter after, the council “shall provide” a written report to the Law and Justice Interim Committee on each pending investigation: when it opened, what process remains, and the likely timing. The report must protect privacy. The act also directed a 2023–2024 interim study of POST’s structure, staffing, and duties (that section ended December 31, 2024) and let a Department of Justice special revenue account support POST. — **For officers:** The legislature tracks how long POST investigations take; the reports protect privacy. — [MCA 44-4-408](https://leg.mt.gov/bills/mca/title_0440/chapter_0040/part_0040/section_0080/0440-0040-0040-0080.html)[HB 697 versions](https://api.legmt.gov/docs/v1/documents/getBillVersions?legislatureOrdinal=68&sessionOrdinal=20231&billType=HB&billNumber=697)
- 2023 — **Misdemeanor probation officer added to the POST Council** — SB 443 (2023), ch. 684, L. 2023, amending MCA 44-4-402 · Effective on passage and approval; the approval date could not be confirmed from official sources — The act adds a certified misdemeanor probation officer to the council. — **For officers:** Misdemeanor probation officers now have a seat on the council. — [MCA 44-4-402](https://leg.mt.gov/bills/mca/title_0440/chapter_0040/part_0040/section_0020/0440-0040-0040-0020.html)
- May 27, 2023 — **Marijuana added to the on-duty intoxication ground; firearms instructors need not be POST-certified** — ARM 23.13.702 and 23.13.215 (now 23.13.805), 2023 MAR p. 479 · Effective May 27, 2023 — The decertification ground for on-duty or discrediting use now covers “an intoxicating substance, including alcoholic beverages or marijuana.” The instructor for annual firearms proficiency “need not be a POST-certified instructor” but must have completed a 40-hour POST-approved firearms instructor course or its equivalent. — **For officers:** Being under the influence of marijuana on duty is a ground for decertification. — [ARM 23.13.702](https://rules.mt.gov/browse/collections/aec52c46-128e-4279-9068-8af5d5432d74/policies/e548dce0-8d03-453f-8cf7-f86497883fbb)[ARM 23.13.805](https://rules.mt.gov/browse/collections/aec52c46-128e-4279-9068-8af5d5432d74/policies/9ec783f8-e79e-4714-acd1-fecfe29c0fe4)
- 2023 — **Extensions of the training deadline, and a pause for military duty** — HB 77 (2023), ch. 9, and HB 78 (2023), ch. 10, L. 2023, amending MCA 44-4-404 · Both effective on passage and approval; the approval dates could not be confirmed from official sources. HB 78 applies to officers ordered to military duty on or after July 1, 2022 — HB 77 lets the appointing authority apply for an extension of up to 180 days to complete minimum training, and lists factors the council may consider. HB 78 pauses the 1-year training period for an officer ordered to state or federal military duty within 1 year of hire, with 10-day notices to the council at departure and return. — **For officers:** If you are called to military duty in your first year, your training deadline is paused. — [HB 77 versions](https://api.legmt.gov/docs/v1/documents/getBillVersions?legislatureOrdinal=68&sessionOrdinal=20231&billType=HB&billNumber=77)[MCA 44-4-404](https://leg.mt.gov/bills/mca/title_0440/chapter_0040/part_0040/section_0040/0440-0040-0040-0040.html)

## Not yet in force and pending

- **HJ 32 (2025):** an interim study of advanced investigator qualifications for law enforcement, filed with the Secretary of State May 6, 2025. It is a study only and changes no law. [HJ 32](https://api.legmt.gov/docs/v1/documents/getBillVersions?legislatureOrdinal=69&sessionOrdinal=20251&billType=HJ&billNumber=32)

These bills were not enacted: HB 780 (2023, law enforcement officer bill of rights), HB 563 (2023, unauthorized exercise of law enforcement authority), HB 629 (2023) and SB 127 (2025) (fees in justifiable use-of-force cases), and SB 79 (2023, peace officer status). Montana held no regular session in 2026; the next is in 2027. No 2023 or 2025 bill on officer masks or face coverings was found.

The 2025 signing dates come from the legislature’s bill data service; the 2023 bill status pages could not be reached by machine, and enrolled bills carry blank signature lines, so the 2023 signing dates are not confirmed. The two computed October 1 dates depend only on approval before that date. No POST Integrity Report covering investigations after August 31, 2023 was found.

## Checked and unchanged

- MCA 7-32-303(2) (citizenship, age 18, disqualifying convictions, background, mental and physical exams) and (11) (misdemeanor to act while revoked or suspended): HB 589 changed only the academy provisions, the style of the definitions, and rulemaking.
- MCA 44-4-401 (definitions): no amendment since 2007.
- Use of force and duty to intervene: no statute. ARM 23.13.702(3)(k) (excessive or unjustified force as a decertification ground) predates 2023.
- Not counted, minor rule changes: MAR Notice No. 2025-3 (ARM 23.13.805, effective March 29, 2025: the firearms instructor must be an employee of a public safety agency acting in an official capacity) and MAR Notice No. 2025-113 (ARM 23.13.207, 23.13.208, and 23.13.801, effective August 9, 2025: technical edits to certificate training credit and cross-references). The 2023 renumbering of ARM 23.13.2xx rules to 23.13.8xx (2023 MAR p. 1610) was a transfer only.
- Not counted: HB 100 (2025, public records fees and deadlines) and HB 333 (2025, law enforcement service contracts) do not change officer records or certification.