Title 44, Title 44

The department of justice may: (1) adopt rules necessary to carry out the purposes of this chapter; (2) hear and decide contested cases or challenges that may arise under the provisions of the Montana Administrative Procedure Act; (3) conduct audits of the criminal history record…

Any person may apply for an order from a district court to enforce compliance with any provision of this chapter.

The sanctions provided in 44-2-205 apply to any knowing or purposeful violation of this chapter.

A criminal justice agency may collect, process, and preserve only that criminal justice information which is necessary for the performance of its authorized functions.

(1) The following agencies may, if authorized by subsections (2) through (5), collect, process, and preserve photographs and fingerprints: (a) any criminal justice agency performing, under law, the functions of a police department or a sheriff's office, or both; (b) the departmen…

A criminal justice agency originating initial offense reports, initial arrest records, bail records, or daily jail occupancy rosters may maintain a chronological or numerical record of these items. These records may not contain any prior criminal history record information and ma…

Unless required by federal law, expunging, purging, or destroying of criminal justice information is not required based on the length of time such records are held.

In order to ensure complete and accurate criminal history record information: (1) the department of justice shall maintain a centralized state repository of criminal history record information to serve all criminal justice agencies in the state; (2) dispositions resulting from fo…

(1) An individual or the individual's agent may inspect any criminal history record information maintained about the individual or transfer copies of that information to any other person upon the presentation of satisfactory identification to the criminal justice agency maintaini…

(1) After inspection of criminal history record information, an individual may contest the accuracy or completeness, or both, of the information about that individual. (2) If the agency maintaining the criminal history record information does not correct it to the individual's sa…

(1) There are no restrictions on the dissemination of public criminal justice information. (2) (a) All public criminal justice information is available from the department or the agency that is the source of the original documents and that is authorized to maintain the documents …

(1) Criminal history record information may not be disseminated to agencies or entities other than criminal justice agencies unless: (a) the information is disseminated with the consent or at the request of the individual about whom it relates according to procedures specified in…

(1) Except as provided in subsections (2) through (4), dissemination of confidential criminal justice information is restricted to criminal justice agencies, to those authorized by law to receive it, and to those authorized to receive it by a district court upon a written finding…

(1) An individual or agency with the express purpose of developing statistical information may have access to criminal history record information pursuant to an agreement with a criminal justice agency. The agreement shall contain, but need not be limited to, the following provis…

(1) Criminal justice agencies shall maintain a record of all agencies and individuals to which or whom copies of criminal history record information have been disseminated. (2) A criminal justice agency supplying criminal history record information to an individual upon request i…

(1) There is a criminal history record information account in the state special revenue fund. Money collected pursuant to 44-5-307 must be deposited in the account. (2) The account must be used by the department of justice for the dissemination of criminal history record informat…

(1) The department of justice may establish fees for the dissemination of criminal history record information. Revenue from the fees must be deposited in the account provided for in 44-5-306. (2) The money in the account provided for in 44-5-306 must be used by the department of …

(1) If a victim of an offense requests confidentiality, a criminal justice agency may not disseminate, except to another criminal justice agency, the address, telephone number, or place of employment of the victim or a member of the victim's family unless disclosure is of the loc…

Provisions for the recording, preservation, dissemination, and management of court records are made by statute and may be supplemented by supreme court rule. Any other criminal justice agency shall protect the security of any criminal justice information system, automated or manu…

In an automated criminal justice information system, information shall be collected, processed, and preserved on a computer dedicated solely to criminal justice information, except that, if this is impractical, a central computer may be used if adequate safeguards are built into …

Procedures for each automated criminal justice information system shall assure that the information is secured by the following programming techniques and security procedures: (1) the assignment of a terminal identification code to each terminal authorized to access the criminal …

In a manual criminal justice information system, information shall be protected as follows: (1) provision of adequate physical security; (2) marking of all criminal justice intelligence information and precautions against unauthorized copying; and (3) establishment of a log of ea…

Each automated or manual criminal justice information system, except those that are or may be maintained by courts of criminal jurisdiction, shall establish the following procedures to ensure that personnel security is achieved and maintained: (1) Applicants for employment and pe…

(1) The department of justice may create a criminal intelligence information section. (2) (a) If a section is created under subsection (1), the attorney general shall establish a criminal intelligence information advisory council in accordance with 2-15-122, consisting of one rep…

In this part the following definitions apply: (1) "Advisory council" means the criminal intelligence information advisory council provided for in 44-5-501. (2) "Section" means the criminal intelligence information section provided for in 44-5-501.

The section may not initiate investigations to gather criminal intelligence information, but subject to standards and procedures provided by this part and to other limitations imposed by law, the section shall: (1) establish and maintain liaison with participating law enforcement…

The attorney general, in conjunction with the department of justice and after considering recommendations of the advisory council, shall adopt standards and procedures for the operation of the section. The standards and procedures must ensure compliance with this part by the sect…

(1) The attorney general shall designate a section supervisor. (2) The department of justice may employ necessary personnel for the efficient and secure operation of the section, subject to approval of the personnel by the attorney general.

(1) Agencies eligible for participation in the section are: (a) municipal police departments; (b) sheriff's offices; and (c) sections of the department of justice engaged in criminal investigation. (2) A participant in the section must be an eligible agency that has been authoriz…

The advisory council shall: (1) recommend general policies for the operation of the section; (2) recommend the approval or denial of an application from an eligible agency for participation in the section; (3) recommend the suspension of a participant agency for due cause; and (4…

The advisory council shall review and evaluate the implementation of the section's safeguards of individual privacy rights adopted pursuant to 44-5-504 and periodically inspect all records relating to dissemination of information to determine whether they are in compliance with t…

The National Crime Prevention and Privacy Compact is enacted into law and entered into with all jurisdictions legally joining in the compact in the form substantially as set forth in this section. Article I. Definitions As used in this compact, the following definitions apply: (1…

The attorney general shall appoint a compact officer for the purpose of complying with Article III (2)(a) of the National Crime Prevention and Privacy Compact.