33-17-1602. (Effective January 1, 2024) Surety bail bond insurance license — basic course of training — temporary license. (1) Except as otherwise provided in this section, an applicant for a surety bail bond insurance license shall satisfactorily complete a basic course of training for bail enforcement agents that is approved by the commissioner.

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Terms Used In Montana Code 33-17-1602

  • Arrest: Taking physical custody of a person by lawful authority.
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • License: means a document issued by the commissioner that authorizes a person to act as an insurance producer for the lines of authority specified in the document. See Montana Code 33-17-102
  • Peace officer: has the meaning as defined in 46-1-202. See Montana Code 1-1-207
  • Person: means an individual or a business entity. See Montana Code 33-17-102
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201

(2)The basic course of training must consist of at least 40 hours of training that includes instruction in:

(a)the following areas of the law:

(i)constitutional law;

(ii)procedures for arresting a defendant and surrendering a defendant into custody;

(iii)civil liability;

(iv)the civil rights of a person who is detained in custody;

(v)the use of force; and

(vi)the history and principles of bail;

(b)procedures for field operations, including without limitation:

(i)handling a person with mental illness or a person who is under the influence of alcohol or a controlled substance; and

(ii)the care and custody of a prisoner;

(c)the skills required of bail enforcement agents, including without limitation:

(i)writing reports and completing forms;

(ii)methods of arrest;

(iii)nonlethal weapons;

(iv)the safe retention of weapons;

(v)qualifications for the use of firearms; and

(vi)defensive tactics; and

(d)the following subjects:

(i)first aid used in emergencies; and

(ii)cardiopulmonary resuscitation.

(3)In lieu of completing the basic course of training required by subsection (1), an applicant may submit proof to the commissioner that the applicant has completed a course of training required by a municipal, state, or federal law enforcement agency or a branch of the armed forces to carry out the duties of a peace officer.

(4)An applicant for a surety bail bond insurance license shall complete the training required by this section within 12 months after the date the applicant is employed by a licensed surety bail bond agent. The commissioner may issue a temporary license to an applicant who has not completed the training if the applicant is otherwise qualified to be issued a license as a surety bail bond agent. The temporary license:

(a)authorizes the applicant to act as a surety bail bond agent while employed by a licensed surety bail bond agent;

(b)is valid for up to 12 months; and

(c)may not be renewed.