217.710. Firearms, authority to carry, department's duties, training--rulemaking procedure.

MISSOURI STATUTES AND CODES

217.710. Firearms, authority to carry, department's duties, training--rulemaking procedure.

Firearms, authority to carry, department's duties,training--rulemaking procedure.

217.710. 1. Probation and parole officers, supervisors and membersof the board of probation and parole, who are certified pursuant to therequirements of subsection 2 of this section shall have the authority tocarry their firearms at all times. The department of corrections shallpromulgate policies and operating regulations which govern the use offirearms by probation and parole officers, supervisors and members of theboard when carrying out the provisions of sections 217.650 to 217.810.Mere possession of a firearm shall not constitute an employment activityfor the purpose of calculating compensatory time or overtime.

2. The department shall determine the content of the requiredfirearms safety training and provide firearms certification andrecertification training for probation and parole officers, supervisors andmembers of the board of probation and parole. A minimum of sixteen hoursof firearms safety training shall be required. In no event shall firearmscertification or recertification training for probation and parole officersand supervisors exceed the training required for officers of the statehighway patrol.

3. The department shall determine the type of firearm to be carriedby the officers, supervisors and members of the board of probation andparole.

4. Any officer, supervisor or member of the board of probation andparole that chooses to carry a firearm in the performance of suchofficer's, supervisor's or member's duties shall purchase the firearm andholster.

5. The department shall furnish such ammunition as is necessary forthe performance of the officer's, supervisor's and member's duties.

6. Any rule or portion of a rule, as that term is defined in section536.010, RSMo, that is promulgated under the authority of this chapter,shall become effective only if the agency has fully complied with all ofthe requirements of chapter 536, RSMo, including but not limited to,section 536.028, RSMo, if applicable, after August 28, 1998. Allrulemaking authority delegated prior to August 28, 1998, is of no force andeffect and repealed as of August 28, 1998, however nothing in section571.030, RSMo, or this section shall be interpreted to repeal or affect thevalidity of any rule adopted and promulgated prior to August 28, 1998. Ifthe provisions of section 536.028, RSMo, apply, the provisions of thissection are nonseverable and if any of the powers vested with the generalassembly pursuant to section 536.028, RSMo, to review, to delay theeffective date, or to disapprove and annul a rule or portion of a rule areheld unconstitutional or invalid, the purported grant of rulemakingauthority and any rule so proposed and contained in the order of rulemakingshall be invalid and void, except that nothing in section 571.030, RSMo, orthis section shall affect the validity of any rule adopted and promulgatedprior to August 28, 1998.