(1) Organization of the Department of Justice:

(a) History: Under the Executive Reorganization Act of 1971, the Governor implemented the creation of a Department of Law Enforcement and Public Safety by Executive Reorganization Order 3-72 on September 1, 1972. The name of the department was changed to the Department of Justice on March 9, 1973, under Chapter 250, 1973 Montana Laws.

(b) Department Head: The department head is the Attorney General.

(c) Divisions: The department is divided into divisions, headed by administrators. Some of the divisions are divided into bureaus, headed by chiefs. The divisions are:

(i) Board of Crime Control*;

(ii) Central Services Division;

(iii) Division of Criminal Investigation;

(iv) Forensic Science Division;

(v) Gambling Control Division;

(vi) Highway Patrol Division;

(vii) Justice Information Technology Services Division;

(viii) Legal Services Division;

(ix) Motor Vehicle Division;

(x) Natural Resource Damage Program*; and

(xi) Public Safety Officer Standards and Training (POST)*.

(d) Attached Boards:

(i) The Board of Crime Control is attached to the department for administrative purposes only. The board is composed of 18 members appointed by the Governor. It adopts administrative rules separately from the Department of Justice.

(ii) The Gaming Advisory Council is attached to the department for administrative purposes only. The council is composed of nine members, seven of whom are appointed by the Attorney General in compliance with 2-15-2021, MCA. The remaining two members represent the Montana house of representatives and senate. The council is directed to study all aspects of gambling in Montana, to review department rules, and to submit an annual report to the department.

(iii) The County Motor Vehicle Computer Committee is attached to the Department of Justice for administrative purposes only. The committee is composed of five members, two of whom are appointed by the Attorney General, two by the County Treasurers Association, and one by the director of the Department of Administration. The committee is directed to establish requirements, specifications, and approve the purchase of and training for the county motor vehicle computer system.

(iv) Public Safety Officer Standards and Training (POST) Council is attached to the department for administrative purposes only. The council is made up of 13 members appointed by the Governor. It adopts administrative rules separately from the Department of Justice.

(2) Functions of department:

(a) The Board of Crime Control provides policy development and justice planning to improve the justice system through program design and demonstration, collection and analysis of crime data, administration of federal grant funds, and technical assistance.

(b) Central Services Division provides the personnel, budgetary, accounting, and fiscal support for the department. This division has no rulemaking or adjudicating authority.

(c) Division of Criminal Investigation provides direct statewide investigative services to federal, state, and local law enforcement agencies. The services include criminal investigation, narcotics investigation, fire investigation and fire safety inspection services, and professional training and educational programs offered through Montana's Law Enforcement Academy.

(i) Investigations Bureau provides criminal investigative assistance to city, county, state, and federal law enforcement agencies at their request. The bureau's investigative assistance ranges from major cases (i.e., homicides), Medicaid fraud, fire prevention and investigation, internal affairs, computer crime, financial investigations, workers' compensation fraud, and organized crime, to maintaining the states sexual or violent offender registry. The bureau also provides professional training at the Montana Law Enforcement Academy and other training hosted regionally throughout the state.

(ii) Narcotics Bureau investigates dangerous drug violations and provides investigative assistance to city, county, state, and federal law enforcement agencies at their request. The bureau also investigates organized crime and conducts other criminal investigations in support of the Investigations Bureau. The bureau provides training to public, private sector, and law enforcement agencies. The bureau also manage the state's multi-jurisdictional drug test forces.

(iii) Law Enforcement Academy provides Montana public safety officers and other qualified individuals with a means of securing education and training in the field of law enforcement and criminal justice. The basic programs provide public safety officers with education and training that is required by state law or administrative rule in order to attain certification and as a condition of continued employment. The professional programs provide public safety officers continued education and training for the purpose of increasing competency, developing leadership skills, and increasing professionalism.

(iv) Investigative Support Bureau provides operational support to the state Criminal Justice Information Network (CJIN), serves as a state link to the FBI's National Crime Information Center (NCIC) and the National Law Enforcement Telecommunications System (NLETS), collects, stores, and disseminates criminal records and fingerprint information, operates the Montana All Threat Intelligence Center (MATIC), and addresses homeland security issues.

(d) Forensic Science Division provides the personnel, facilities, and procedures necessary for the study and application of science to the examination, evaluation, and explanation of physical evidence for law enforcement. These services are available to all local, state, and federal law enforcement agencies upon request.

(i) State Crime Lab provides examinations and expert testimony in the disciplines of serology/DNA, toxicology, firearms, toolmarks, latent fingerprints, impressions, breath tests, drugs, and trace evidence, which includes arson, hairs, fibers, paint, glass, and gunshot residues.

(ii) State Medical Examiner provides assistance, consultation, and training to associate medical examiners, coroners, and law enforcement. The state medical examiner also performs autopsies, reviews reports of coroners and associate medical examiners, and provides expert testimony as requested in certain death cases.

(e) Gambling Control Division is responsible for the regulation and licensure of all forms of legalized gambling except horse racing and the Montana Lottery. The division also enforces the state's gambling laws and provides assistance to local law enforcement, conducts licensing investigations, collects and distributes gambling taxes and permit fees, conducts tax and financial audits related to licensing and taxation, and tests and approves video gambling machines for play in licensed establishments.

(i) Operations Bureau includes License and Tax Section, and the Audit Section.

(A) License and Tax Section initiates review of gambling and on-premises liquor applications, issues licenses and permits, collects permit fees for distribution to local governments and state funds, provides general information on licensing, and maintains license and statistical information.  The section also collects all gambling taxes, conducts office audits, and runs other compliance programs. 

(B) Audit Section conducts field audits on video gambling and live game tax reports, financial reviews of gambling and on-premises liquor license applications, and provides financial examination support for criminal investigations. The bureau also provides budget preparation and management services for the division, and compiles gambling statistics reports that are published by the division.

(ii) Technical Services Section is responsible for compliance testing of all models of video gambling machines and machine or program modifications before approval is granted to authorize placement of the devices in Montana. Section staff also provide technical investigation assistance and assist in local law enforcement training.

(iii) Investigation Bureau is the primary gambling law enforcement agency in Montana. The bureau conducts licensing investigations and routine regulatory inspections of machines and premises, and assists local and federal law enforcement agencies. The bureau conducts investigation and enforcement activities relative to illegal gambling activities. Bureau staff also participate in law enforcement training at the Montana Law Enforcement Academy. The bureau also conducts background suitability investigations for the Department of Revenue Liquor Division for the licensing of liquor licenses, and conducts criminal investigations into illegal tobacco activities.

(f) Highway Patrol Division is responsible for the constant traffic patrol of the highways, accident investigation, courtesy service, auto theft investigation, vehicle inspection, livestock inspection, and enforcement of commercial vehicle regulations and traffic laws.

(i) Field Forces Bureau is responsible for the traffic law information, enforcement and accident investigations on all public highways outside cities and towns.

(ii) Support Services Bureau is responsible for records, fleet upkeep, training, research, and communications.

(A) Records Section tabulates and analyzes collision reports, compiles special accident studies, and develops annual statistical reports.

(B) Fleet and Supply Section purchases necessary equipment and material to supply entire division; and maintains all fixed and mobile communications equipment.

(C) Training and Research Section develops, schedules, and provides training for all division personnel; provides public information and safety education; and designs and completes research projects.

(g) Justice Information Technology Services Division engineers, designs, plans, implements, directs, evaluates, and supports all information technologies programs within the Department of Justice. These systems include MERLIN (MVD), IJIS Broker, Smart COP (MHP), CJIN (DCI), Justice Tracks (FSD), GENTAX (GCD), MIEX (DCI), and many other technology solutions deployed within the department. The division also provides direct and indirect support for statewide services to federal, state, and local law enforcement agencies in identification of persons, fingerprint processing, and criminal records storage and dissemination. The division has the responsibility for the security of data communications as well as the department's disaster recovery plan and implementation. Further, the division is responsible for the department's IT Strategic Plan. This division has no rulemaking or adjudicating authority.

(i) Applications Services Bureau (ASB) provides programming and development support for various application programs, including the department web site.

(ii) Support Services Bureau (SSB) engineers, designs, and supports the core justice network, the LAN, and the DOJ data center. It also develops policies for the use of computers, as well as local area and wide area networking in the department, and provides operational support for the department's information technology platforms.

(h) Legal Services Division provides the Attorney General with legal research and analysis, provides legal counsel to state agencies, represents Montana's interests in cases before state and federal courts, and assists local jurisdictions with criminal cases and other areas involving state law. It consists of the following bureaus:

(i) Criminal:

(A) Appellate Services Bureau represents the State of Montana in criminal, post-conviction, dependent-neglect, involuntary commitment appeals, and original proceedings before the Montana Supreme Court. The bureau also handles habeas corpus cases in the Montana Supreme Court and federal courts, as well as capital litigation and appeals in state and federal courts. Further, it provides legal assistance, advice, and continuing education to county attorneys and other agencies of state government on a range of issues, including criminal law, dependent-neglect, involuntary commitment, and local government matters.

(B) Prosecution Services Bureau assists all counties in the state with the prosecution of complex criminal cases. It also prosecutes cases where the county attorney has a conflict of interest, and cases for the Montana Department of Fish, Wildlife, and Parks. Dedicated prosecutor positions prosecute workers' compensation fraud and Medicaid fraud cases. The bureau also handles complaints against and inquiries regarding county attorneys. The bureau provides relevant criminal law information, including briefs and outlines, and maintains a web site specifically for prosecutors. Further, it provides training to county and city attorneys and provides training and guidance for law enforcement throughout the state. The Bureau's Child Protection Unit handles child abuse and neglect cases around Montana. The unit focuses on resolving the legal status of children who have been in foster care for more than 15 out of the most recent 22 months, and provides training to all disciplines involved in such cases.

(ii) Civil:

(A) Civil Services Bureau represents the State of Montana's interests in complex civil litigation where the state is a party or in which the state has an interest, including bankruptcy proceedings and collection matters, handles constitutional challenges filed against state laws, drafts Attorney General opinions involving questions of law, and coordinates the department's involvement in appeals of civil cases to which the state is a party. The bureau also serves as legal counsel to the divisions of the department and represents the department in litigation, and provides legal assistance to the state and local jurisdictions on matters that include motor vehicle law and gambling law. Further, it provides legal assistance to state government and local governments on matters involving Indian jurisdiction, federal reserved water rights, election law, antitrust, charitable trusts, conflicts of interest, and open meetings.

(B) Agency Legal Services Bureau provides legal assistance to state agencies on a contractual basis.

(i) Motor Vehicle Division administers programs of driver licensing, driver improvement, motor vehicle registration and titling, licensing and compliance of motor vehicle dealers and manufacturers, inspection and verification of vehicle identification numbers, and dissemination of motor vehicle information.

(i) Field Operations Bureau is responsible for the procedures and standards for driver license examination, licensing, hearings, and driver counseling; issues identification cards; processes motor vehicle registration; and provides vehicle identification number inspections for vehicle titling or registration fraud.

(ii) Title and Registration Bureau administers Montana laws concerning the registration and titling of motor vehicles, odometer fraud, vehicle identification number inspections for vehicle titling or registration fraud, and licensing and compliance of motor vehicle dealers and manufacturers.

(iii) Records and Driver Control Bureau administers driver license suspensions, revocations and reinstatement, maintains a driver rehabilitation system involving driver improvement programs and discretionary action, and maintains a complete record of each driver's history, including summons history.

(j) The Natural Resource Damage (NRD) Program is responsible for:

(i) preparing natural resource damage assessments and lawsuits pursuant to the federal and state Superfund laws in order to recover damages for injuries to natural resources caused by releases of hazardous substances; and

(ii) developing and implementing restoration plans that guide the expenditures of recovered damages in compliance with these laws. The NRD Program is administratively attached to the Legal Services Division of the department and has a litigation component and a restoration component. The litigation component of the program is responsible for assuring that the requirements of the consent decrees for the completed Atlantic Richfield Company settlements are met and for pursuing natural resource damage claims at several other sites in Montana, including the Upper Blackfoot Mining Complex and East Helena Superfund sites. The restoration component of the NRD Program is responsible for preparing and implementing restoration plans that guide the state's expenditure of settlement proceeds on restoration projects.

(k) Public Safety Officer Standards and Training (POST) Council determines and sets employment and training standards for all public safety officers as defined in 44-4-401, MCA. Additionally, the council certifies public safety officers and takes action against officer certificates when appropriate.

(3) Information or Submissions. General inquiries regarding the department may be addressed to the Attorney General. Specific inquiries regarding the functions of a division or bureau may be addressed to the division administrator or bureau chief. All requests for hearings, declaratory rulings, and participation in rulemaking may be addressed to the Attorney General, unless a notice in the Montana Administrative Register provides otherwise.

(4) Personnel Roster: Addresses of the Attorney General, division administrators, and bureau chiefs are as follows:

Attorney General: 215 North Sanders, P.O. Box 201401, Helena, Montana 59620-1401.

Board of Crime Control Administrator: 3075 North Montana, P.O. Box 201408, Helena, Montana 59620-1408.

Central Services Division Administrator: 303 North Roberts, P.O. Box 201404, Helena, Montana 59620-1404.

Consumer Protection and Victim Services: 2225 Eleventh Avenue, P.O. Box 201410, Helena, Montana 59620-1410.

Division of Criminal Investigation Administrator, Criminal Investigation Bureau Chief, Narcotics Investigation Bureau Chief, and Fire Prevention and Investigation Bureau Chief: P.O. Box 201417, Helena, Montana 59620-1417; Law Enforcement Academy Division, 2260 Sierra Road East, Helena, Montana 59602.

Forensic Science Division Administrator, State Crime Lab, and State Medical Examiner: 2679 Palmer, Missoula, Montana 59808.

Gambling Control Division Administrator, Gambling Investigative Bureau Chief, Licensing Section Supervisor, Tax and Audit Section Supervisor, and Technical Services Section Supervisor: 2550 Prospect Avenue, P.O. Box 201424, Helena, Montana 59620-1424.

Highway Patrol Division Administrator, Field Forces Bureau Chief, Records Bureau Chief, Motor Vehicle Inspection Bureau, Fleet and Supply Bureau Chief, and Training and Research Bureau Chief: 2550 Prospect Avenue, P.O. Box 201419, Helena, Montana 59620-1419.

Justice Information Technology Services Administrator, Identification Bureau Chief, and Criminal Justice Information Network Bureau Chief: 303 North Roberts, P.O. Box 201405, Helena, Montana 59620-1405.

Legal Services Division Administrator and County Prosecutor Services Bureau Chief: 215 North Sanders, P.O. Box 201401, Helena, Montana 59620-1401; Agency Legal Services Bureau Chief: 1712 Ninth Avenue, P.O. Box 201440, Helena, Montana 59620-1440.

Motor Vehicle Division Administrator, Field Operations Bureau Chief, and Records and Driver Control Bureau Chief: 303 North Roberts, P.O. Box 201430, Helena, Montana 59620-1430; Title and Registration Bureau Chief/Registrar: 1003 Buckskin Drive, Deer Lodge, Montana 59722.

Natural Resource Damage Program: 1301 East Lockey, P.O. Box 201425, Helena, Montana 59620-1425.

Public Safety Officer Standards and Training (POST) Council: 2260 Sierra Road East, Helena, Montana 59620-8839.

(5) Charts of Agency Organization: Organizational and functional charts of the department follow.

 

ORGANIZATIONAL CHART

DEPARTMENT OF JUSTICE

 

 

 

Approved by: /s/ Mike McGrath

MIKE McGRATH

Attorney General

 

DIVISION OF CRIMINAL INVESTIGATION