This rule has been transferred.

This rule has been transferred.

This rule has been transferred.

This rule has been transferred.

This rule has been transferred.

This rule has been transferred.

This rule has been transferred.

This rule has been transferred.

This rule has been transferred.

This rule has been transferred.

This rule has been transferred.

This rule has been transferred.

This rule has been transferred.

This rule has been transferred.

(1) An applicant to attend MLEA basic programs must be employed by a law enforcement or public safety agency within the state of Montana as a public safety officer as defined in 44-4-401(2), MCA.

(2) Each law enforcement officer basic course applicant shall first be required to pass a physical abilities test developed by the department. An applicant who has passed the test shall be accepted on a first come, first served basis. If the specific course roster that an applicant applies to attend has been filled, the applicant will be placed on a waiting list for that course and also placed on the roster for the next available course. To meet statewide needs, the academy administrator may adjust the placement of applicants to certain course rosters.

(3) Reserve officers who apply to attend basic courses must meet the qualifications and requirements for preservice applicants.

(1) Preservice applicants are persons not employed as full-time or part-time peace officers. Preservice applicants shall be selected to attend the Montana Law Enforcement Academy Law Enforcement Officer Basic Course based on their ability to meet minimum qualifications. This includes successfully completing the pretest screening of their application, written and physical ability test, oral interview, background investigation, and criminal history investigation. Successful applicants will be ranked in accordance with ARM 23.12.1207. Scheduled attendance by the successful applicants to the Law Enforcement Officer Basic Course will be by order of rank from the applicant list and by course availability. Preservice applicants scheduled to attend the Law Enforcement Officer Basic Course shall receive reporting instructions and other information from the academy administrator or the academy administrator's designee. 

(1) Preservice applicants must meet the minimum qualifications for peace officers as stated in 7-32-303, MCA, with the following exceptions:

(a) applicants must be at least twenty years of age at the date of the test; and

(b) applicants must possess a valid driver's license issued by any state.

(2) Applicants must furnish all personal history information and documentation that may be required by the Montana Law Enforcement Academy on forms furnished by the academy. These include signed release and waiver clauses.

(3) Upon receiving an application and prior to acceptance, the academy will conduct a criminal history and preemployment records check.

(1) The preservice applicant tests shall be administered by the academy and/or an approved designee, and shall be conducted whenever it is deemed necessary by the academy administrator or the academy administrator's designee. Applicants shall be notified of the test date, time, and location at least thirty days in advance of the test.

(2) The preservice applicant tests shall consist of a written examination that measures general aptitudes, reading, and writing skills.

(1) Preservice test screening shall be conducted for those applicants who have successfully completed the testing procedures, who have been ranked according to the ranking procedures, and in accordance with the space available in the Law Enforcement Officer Basic Courses to be presented by the academy in the year following the test date. The availability of space shall be determined by the academy administrator or the academy administrator's designee.

(2) All preservice applicants shall be required to provide two sets of classifiable fingerprints.

(3) The academy administrator or the academy administrator's designee shall conduct criminal history, prior employment, and character and background checks on each applicant selected for further consideration after testing has occurred.

(a) A criminal history investigation may occur before granting an interview to a preservice applicant.

(4) An oral interview board shall be created consisting of the academy administrator or the academy administrator's designee, a representative of a county sheriff's office, a representative of a municipal police department, and a member of the general public.

(a) An alternate representative of a county sheriff's office, representative of a municipal police department, and a member of the general public will also be appointed to serve whenever a representative person is unable to attend an interview. All appointments to the board shall be made by the academy administrator or the academy administrator's designee.

(5) The oral interview board shall interview all preservice applicants who successfully pass the background checks. Applicants who fail the interview will not be considered for admission to any Law Enforcement Officer Basic Course scheduled for the year following this process.

(6) Total possible points for applicants who pass the oral interview will be 55 points. Applicants who pass will be granted from 1-55 points based upon their interview performance.

(7) Any information discovered during any portion of the screening process that is contrary to the qualifications and requirements of 7-32-303, MCA, or of these rules will result in no further consideration of the applicant for attendance in a basic course.

(1) Preservice applicants who pass the written tests shall be ranked according to the sum total of the scores achieved in the tests and this score shall be converted to a percentage of the total possible 100.

(2) A maximum of 40 points will be added to this written test score in the following manner, according to credits earned from a postsecondary institution that is accredited by a national or regional accrediting agency:

(a) five points for 30 college semester credits or 45 college quarter credits;

(b) ten points for 60 college semester credits or 90 college quarter credits;

(c) fifteen points for 90 college semester credits or 135 college quarter credits;

(d) twenty points for 120 college semester credits or 180 college quarter credits;

(e) twenty points is the maximum number of points that can be added without having earned a degree;

(f) an additional five points will be added for an associate degree;

(g) an additional ten points will be added for a baccalaureate degree;

(h) an additional 15 points will be added for a master's degree;

(i) an additional 20 points will be added for a doctoral degree;

(j) twenty points is the maximum number of points that can be added for a college degree; and

(k) ten additional points will be added to the written test score of a person who is a veteran.

(3) Five additional points will be added to the written test score of a person who is a reserve officer of a law enforcement agency and is sponsored by the agency's administrator.

(4) A maximum of 55 points will be added to the applicant's written test score based on performance during the oral interview.

(5) Based on this maximum total of 200 points, applicants will be ranked in order by score.

(6) This ranking is meant only to qualify the applicants for attending the Montana Law Enforcement Academy Law Enforcement Officer Basic Course and is not meant to qualify these individuals for employment as peace officers.

(1) In order of rank, preservice applicants will be given an opportunity to register for those Law Enforcement Officer Basic Course sessions that are scheduled by the academy. Applicants shall be considered eligible to attend any Law Enforcement Officer Basic Course session scheduled to commence within one year from the date of their ranking.

(2) Once the scheduled preservice roster is full for a particular Law Enforcement Officer Basic Course session, applicants will be placed on a waiting list by order of rank.

(3) Registered applicants who decline to participate in a Law Enforcement Officer Basic Course session may be required to retest, but may be allowed to reregister for another session at the discretion of the academy administrator or the academy administrator's designee.

(4) At least 30 days before a Law Enforcement Officer Basic Course session is scheduled to begin, registered applicants will be required to complete and pass a medical examination which will be conducted by a health care professional selected and paid for by the applicant.

(5) At least 30 days before a Law Enforcement Officer Basic Course session is scheduled to begin, registered applicants will be required to provide proof of medical insurance coverage for the period of the basic course. Other final documentation required by the academy must also be provided at least 30 days in advance.

(6) Cost for participation in the Law Enforcement Officer Basic Course Preservice Program is $5,100 for in-state residents and $7,100 for out-of-state residents. These fees include room and board, instructional costs, training and education materials, and equipment and supplies. A $300 nonrefundable deposit, which is deducted from the total cost of participation, must be paid within ten days of acceptance into the Preservice Program.

(a) For purposes of the Montana Law Enforcement Academy Preservice Program, a person is considered a Montana resident if they have resided in the state for 180 consecutive days. Applicants may be required to provide sufficient documentation to prove residency.

(7) Preservice students who leave a Law Enforcement Officer Basic Course voluntarily or who are dismissed will be granted a tuition refund on the following basis:

(a) 75% of the tuition fee will be refunded to applicants who leave during the first week of the basic course;

(b) 50% of the tuition fee will be refunded to applicants who leave during the second week of the basic course; and

(c) no refund will be made to applicants who leave the basic course after the second week of training.

(8) At least 30 days before the starting date of a Law Enforcement Officer Basic Course session, registered applicants will receive a packet of information that includes reporting information and the name and address of the course manager for the particular basic course session.

(9) Registered applicants will also receive a copy of the student handbook and student agreement (conduct rules) at this time.

(1) Students must agree in writing to accept and act in accordance with the rules as stated in the Montana Law Enforcement Academy student agreement governing their conduct and behavior while attending programs upon the Montana Law Enforcement Academy campus.

(2) The student agreement for basic students shall specifically address the following rules:

(a) students are prohibited from consuming or possessing any alcoholic beverages on the academy campus; and

(b) students are prohibited from gambling of any kind while on the academy campus.

(3) The student agreement may also specify other rules and regulations that the academy administrator or the academy administrator's designee may deem as proper and necessary in order to manage the campus and courses in a safe and orderly manner.

(1) A student must achieve a final grade score of 75 percent of the total possible points that can be accumulated for all graded examinations, exercises, and assignments.

(2) A student must meet a 90 percent attendance rating of not only the overall course but of each unit of instruction. In the Law Enforcement Officer Basic Course this includes law and criminal procedure, human behavior and social interaction, patrol operations, investigations, health and wellness, traffic enforcement, and survival skills. 

(1) Written and practical assignments will be scored. Student scores will be used in the following manner:

(a) the scores may be part of the final grade, and can be used to establish class ranking of the student;

(b) the scores achieved by a student will be documented in the student's file; and

(c) when applicable, a summary of the student's scores will be sent to the student's agency administrator.

(2) Performance evaluations will be conducted on a regular basis by the academy administrator or the academy administrator's designee. Performance evaluations will be summarized orally and in writing and based upon categories that objectively reflect students' participation in Montana Law Enforcement Academy courses. This may include but is not limited to the following areas:

(a) appearance;

(b) interpersonal skills; and

(c) effectiveness under stress.

(3) The evaluation will consist of various levels of performance including but not limited to:

(a) exceeds demands;

(b) meets demands;

(c) needs to improve; and

(d) not acceptable.

(4) Pass/fail requirements for student performance evaluations are:

(a) a total of three "needs to improve" evaluations in any one specific category or a total of any two "not acceptable" evaluations will result in a corrective action plan, or could result in immediate dismissal from the Law Enforcement Officer Basic Course by the academy administrator or the academy administrator's designee.

(5) A copy of the performance evaluation criteria and a written summary of a student's performance evaluation will be provided to the student and to the student's agency administrator.

(1) A student must achieve a passing score in the Montana Law Enforcement Academy firearms training course.

(2) The total accumulative points possible for the firearms training course shall be determined by the academy administrator or the academy administrator's designee. 

(1) All students will be required to perform and pass a physical abilities test prior to acceptance into the law enforcement officer basic course.

(2) A document detailing fitness requirements, academy expectations, and student preparation procedures will be furnished to all students who register for the basic course.

(3) Student performance will be measured at times during and/or before the basic course. These testing times may consist of the following:

(a) an entry physical abilities test within 90 days of the start of the basic course;

(b) midterm physical abilities test; and

(c) final physical abilities test.

(4) Students who arrive at the academy with an injury or condition that prevents them from attempting any of the prescribed physical abilities tests will not be accepted into the basic course.

(5) At the prescribed physical abilities tests, the student must pass required levels of performance as prescribed by administrative policy. Students who fail to meet the required performance levels will be given opportunity for retest within ten business days of the posted date of failure. Failure to pass the prescribed physical abilities test may result in expulsion or termination from the basic course.

(1) Achievement awards will be presented by the academy administrator to students in each basic course class in the following categories:

(a) Academic--awarded to the student that successfully passes all phases of training and attains the highest final grade in the class.

(b) Firearms--awarded to the student that has the highest score on the firearms qualification course.

(c) Physical fitness--awarded to the student that achieves the highest aggregate total of the four fitness tests in all three times it is taken.

(d) Academy staff--awarded to the student that demonstrates all the requisite skills to become an exceptional law enforcement officer. The recipient is selected by a vote of the class students.

(e) Representative--is selected by the class students to represent them as a body and deliver a graduation address at the graduation ceremonies.

(2) Additional awards may be presented, when authorized by the academy administrator, for recognition of excellence or outstanding performance.