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23.1.101    ORGANIZATIONAL RULE

(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) Central Services Division

*(ii) Crime Control Division

(iii) Division of Criminal Investigation

(iv) Forensic Sciences Division

(v) Gambling Control Division

(vi) Highway Patrol Division

(vii) Justice Information Systems Division

(viii) Law Enforcement Academy Division

(ix) Legal Services Division

(x) Motor Vehicle Division

(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 section 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 ony. 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

 

 

*Attached for administrative purposes only.

 

of Administration. The committee is directed to establish requirements, specifications and approve the purchase of and training for the county motor vehicle computer system.

(2) Functions of department .

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

(b) Crime Control Division provides justice planning to improve the justice system through program design and demonstration, collection and analysis of crime data, administration of federal grant funds, certification of peace officers, technical assistance and compensation to innocent victims of crime.

(c) Division of Criminal Investigation provides direct statewide services to federal, state, and local law enforcement agencies. These services include criminal investigation, narcotics investigation, fire investigation, and fire safety inspection services. The division also provides professional training and educational programs for other law enforcement entities and promotes public awareness.

(i) Criminal Investigation Bureau provides criminal investigative assistance to city, county, state and federal law enforcement agencies at their request. The bureau also conducts criminal investigations of allegations referred by the legislative auditor, the state compensation insurance fund, and the Department of Public Health and Human Services. The bureau also investigates organized criminal activity and allegations of dangerous drug offenses in support of the Narcotics Investigation Bureau. The bureau administers a centralized criminal intelligence information system and provides instruction services to other law enforcement officers.

(ii) Narcotics Investigation 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 criminal activity and conducts other criminal investigations in support of the Criminal Investigation Bureau. The bureau also provides instruction services to other law enforcement agencies and manages a statewide narcotics intelligence system.

(iii) Fire Prevention and Investigation Bureau provides statewide fire prevention and investigation services, including the adoption of fire safety regulations; inspection of public buildings; establishment and promotion of fire prevention programs; and the investigation of fires to determine cause and origin. The bureau also provides training to local fire agencies and maintains a record of all fires that occur within the state.

(d) Forensic Sciences 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. The division assists law enforcement agencies with crime scene processing when requested. These services are available to all local, state and federal law enforcement agencies upon request.

(i) Laboratory of Criminalistics 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 gun shot 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) Licensing Section initiates review of gambling license applicants, issues licenses and permits, collects permit fees for distribution to local governments and state funds, provides general information on licensing, and maintains license files and statistical information.

(ii) Tax and Audit Section conducts tax examinations on video gambling machines and live game taxes, initiates tax collections, distributes tax revenues to local governments and the state general fund, and provides financial reviews necessary for licensing. The section provides financial examination support for criminal investigations, ongoing budget management, and is responsible for preparing statistics for division reports.

(iii) 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. Division computer system management is also the responsibility of the section. Section staff also provide technical investigation assistance and assist in local law enforcement training.

(iv) 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 and at the Montana Law Enforcement Academy.

(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 and accident investigations on all public highways outside cities and towns.

(ii) Records Bureau tabulates and anaylzes collision reports, compiles special accident studies, and develops annual statistical reports.

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

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

(v) Motor Vehicle Inspection Bureau is responsible for commercial vehicle inspection, and enforcement of commercial vehicle regulations.

(g) Justice Information Systems Division plans, directs, evaluates, and supports all programs within the department that rely on automated data processing and law enforcement telecommunications systems. The division also provides direct statewide services to federal, state and local law enforcement agencies in identification of persons, fingerprint processing, and criminal records storage and dissemination. This division has no rulemaking or adjudicating authority.

(i) Systems Development Bureau provides system development and support for the various host resident data application programs.

(ii) Operations Bureau assists in development of policies for the use of computers, local area and wide area networking in the department, and provides operational support for the department's information technology platforms.

(iii) Criminal Justice Information Network Bureau (CJIN) links criminal justice agencies with information sources at local, state, and national levels by interfacing with the national law enforcement telecommunication system, the national crime information center and numerous Montana files.

(iv) Identification Bureau is the central repository of criminal history record information for all criminal justice agencies in the state. The bureau collects and stores criminal history information, processes fingerprints, and disseminates this information to law enforcement agencies and others entitled by law to receive it. The bureau provides instruction services to other law enforcement agencies and maintains a missing and unidentified persons clearinghouse program.

(h) Law Enforcement Academy Division provides Montana law enforcement officers and other qualified individuals with a means of securing training in the field of law enforcement.

(i) Basic Programs Bureau provides police training at the Montana Law Enforcement Academy by facilitating the entry level certification of city, county, and state law enforcement officers, corrections and detention officers and other qualified individuals in Montana and provides basic skills training for other patrol officers and reserves.

(ii) Professional Programs Bureau provides police training at the Montana Law Enforcement Academy by facilitating the continuing education and professional development of city, county, state and federal law enforcement, corrections and detention officers, and other public safety officers in Montana.

(i) 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.

(i) Executive Services Bureau serves as legal counsel to the divisions of the department of justice and represents the department in litigation; provides legal assistance to the state and local jurisdictions on matters that include motor vehicle law and gambling law. This bureau has no rulemaking or adjudicating authority.

(ii) Criminal

(A) Appellate Services Bureau drafts attorney general opinions involving questions of law; represents the state in criminal appeals, habeas corpus petitions, and postconviction relief proceedings brought before the Montana supreme court and federal courts; provides legal assistance to the state and local jurisdictions on matters that include criminal law, extradition, interlocal agreements, and dependent-neglect cases. This bureau has no rulemaking or adjudicatory authority.

(B) Prosecution Services Bureau assists county attorneys and local law enforcement officials in investigation and prosecution of major cases; provides training in current aspects of the criminal law to county attorneys; assists in developing and disseminating standards, procedures, and policies to ensure that criminal laws are applied uniformly; provides legal briefs and other relevant criminal law information; provides assistance with research, briefs, or other technical services on request; provides teaching assistance to state and local law enforcement agencies on request. This bureau has no rulemaking or adjudicating authority.

(iii) 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, handles constitutional challenges filed against state laws, and coordinates the department's involvement in appeals of civil cases to which the state is a party. It also 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. This bureau has no rulemaking or adjudicating authority.

(I) Natural Resource Damage Litigation Program is administratively attached to the Legal Services Division and represents the state in its litigation, brought under the federal Superfund law and its state law counterpart, against the Atlantic Richfield Company for damages to natural resources in the Clark Fork River basin in western Montana.

(B) Agency Legal Services Bureau provides legal assistance to state agencies on a contractual basis. This bureau has no rulemaking or adjudicating authority.

(I) Bankruptcy Program represents the state's interests in bankruptcy proceedings and collection matters; provides assistance to state agencies on matters involving bankruptcy and collection, unclaimed property and escheated estates. This program has no rulemaking or adjudicating authority.

(j) 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 voter 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.

(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, 3rd Floor, Justice Building, 215 North Sanders, Helena, Montana 59620.

Central Services Division Administrator, 1st Floor, Scott Hart Building, 303 North Roberts, Helena, Montana 59620.

Legal Services Division Administrator, 3rd Floor, Justice Building, 215 North Sanders, Helena, Montana 59620.

Agency Legal Services Bureau Chief, 2nd Floor, Justice Building, 215 North Sanders, Helena, Montana 59620.

County Prosecutor Services Bureau Chief, 1st Floor, Scott Hart Building, 303 North Roberts, Helena, Montana 59620.

Motor Vehicle Division Administrator, 2nd Floor, Scott Hart Building, 303 North Roberts, Helena, Montana 59620.

Field Operations Bureau Chief, 2nd Floor, Scott Hart Building, 303 North Roberts, Helena, Montana 59620.

Title and Registration Bureau Chief/Registrar, 1032 Buckskin Drive, Deer Lodge, Montana 59722.

Records and Driver Control Bureau Chief, 2nd Floor, Scott Hart Building, 303 North Roberts, Helena, Montana 59620.

Division of Criminal Investigation Administrator, 3rd Floor, Scott Hart Building, 303 North Roberts, Helena, Montana 59620.

Criminal Investigation Bureau Chief, 3rd Floor, Scott Hart Building, 303 North Roberts, Helena, Montana 59620.

Law Enforcement Academy Division, 2260 Sierra Road East, Helena, Montana 59602.

Narcotics Investigation Bureau Chief, 3rd Floor, Scott Hart Building, 303 North Roberts, Helena, Montana 59620.

Fire Prevention and Investigation Bureau Chief, 1310 East Lockey, Helena, Montana 59620.

Justice Information Systems Division Administrator, Room 562, Scott Hart Building, 303 North Roberts, Helena, Montana 59620.

Identification Bureau Chief, 3rd Floor, Scott Hart Building, 303 North Roberts, Helena, Montana 59620.

Crime Control Division Administrator, Room 463, Scott Hart Building, 303 North Roberts, Helena, Montana 59620.

Forensic Science Division Administrator, 554 West Broadway, 6th Floor, Missoula, Montana 59802.

Laboratory of Criminalistics, 554 West Broadway, 6th Floor, Missoula, Montana 59802.

State Medical Examiner, 554 West Broadway, 6th Floor, Missoula, Montana 59802.

Highway Patrol Division Administrator, 2550 Prospect Avenue, Helena, Montana 59620'.

Field Forces Bureau Chief, 2550 Prospect Avenue, Helena, Montana 59620,.

Records Bureau Chief, 2550 Prospect Avenue, Helena, Montana 59620'.

Motor Vehicle Inspection Bureau, 2550 Prospect Avenue, Helena, Montana 59620.

Fleet and Supply Bureau Chief, 2550 Prospect Avenue, Helena, Montana 59620,.

Training and Research Bureau Chief, 2550 Prospect Avenue, Helena, Montana 59620.

Criminal Justice Information Network Bureau Chief, Room 560, Scott Hart Building, 303 Roberts, Helena, Montana 59620.

Gambling Control Division Administrator, 2550 Prospect Avenue, Helena, Montana 59620.

Gambling Investigative Bureau Chief, 2550 Prospect Avenue, Helena, Montana 59620.

Licensing Section Supervisor, 2550 Prospect Avenue, Helena, Montana 59620.

Tax and Audit Section Supervisor, 2550 Prospect Avenue, Helena, Montana 59620.

Technical Services Section Supervisor, 2550 Prospect Avenue, Helena, Montana 59620.

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

Department of Justice Organizational Chart

 

Department of Justice Attorney General Organizational Chart

 

Department of Justice Central Services Division Organizational Chart

 

Department of Justice Crime Control Division Organizational Chart

 

Department of Justice Division of Criminal Investigation Organizational Chart

 

Department of Justice Forensic Sciences Division Organizational Chart

 

Department of Justice Gambling Control Division Organizational Chart

 

Department of Justice Highway Patrol Division Organizational Chart

 

Department of Justice Justice Information Systems Division Organizational Chart

 

Department of Justice Law Enforcement Academy Division Organizational Chart

 

Department of Justice Legal Services Division Organizational Chart

 

Department of Justice Motor Vehicle Division Organizational Chart

 

Department of Justice Motor Vehicle Division Organizational Chart

History: Sec. 2-4-201(1) MCA; IMP, 2-15-2001 through 2-15-2011 MCA, Eff. 12/31/72; AMD, Eff. 9/4/75; AMD, Eff. 10/11/79; AMD, Eff. 12/31/81; AMD, Eff. 3/31/82; AMD, Eff. 3/31/91; AMD, Eff. 12/31/92; AMD, Eff. 3/31/94; AMD, Eff. 6/30/98.

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