Title 44, Title 44

The department of justice shall report annually to the law and justice interim committee in accordance with 5-11-210 on the activities of the sexual assault response network program and the sexual assault response team committee under 2-15-2035 and this part.

(1) The attorney general may issue confidential license plates and certificates of registration to bona fide law enforcement agencies, except the highway patrol, within the state of Montana. (2) The attorney general may issue confidential license plates and certificates of regist…

The attorney general may adopt rules necessary to implement the provisions of this part and to prevent the abuse or misuse of confidential registration plates.

(1) The registration records of each vehicle registered must be maintained by the department of justice. (2) The contents of confidential registration records may be disclosed only at the discretion of the attorney general when there is a legitimate law enforcement purpose for di…

Applications by law enforcement agencies operating within the state must be made to the attorney general on a form and in a manner prescribed by the attorney general.

(1) Such license plates and registrations may be displayed and used only during and in the furtherance of official law enforcement investigations or for purposes as authorized in 44-4-201(2). (2) Such confidential plates and certificates of registration may be used outside the st…

Registrations under this part may be revoked at any time by the attorney general. On delivery of notice of revocation, the registrant shall, within 24 hours, deliver the license plates and certificate of registration to the attorney general or an appointed agent.

For the purposes of this part, the following definitions apply: (1) "Council" means the Montana public safety officer standards and training council established in 2-15-2029. (2) "Public safety officer" means: (a) a corrections officer who is employed by the department of correct…

(1) The council consists of no more than 13 voting members appointed by the governor in accordance with 2-15-124 and as provided in this section. (2) Membership must include: (a) one state government law enforcement representative; (b) one chief of police, who may be appointed ba…

(1) The council shall: (a) establish basic and advanced qualification and training standards for employment; (b) conduct and approve training; and (c) provide for the certification or recertification of public safety officers and for the suspension or revocation of certification …

(1) It is the responsibility of a public safety officer's appointing authority to apply the employment standards and training criteria established by the council pursuant to this part, including but not limited to requiring the successful completion of minimum training standards …

Starting October 1, 2023, and each quarter after, the council shall provide a written report on pending investigations to the law and justice interim committee in accordance with 5-11-210. The report must protect the privacy rights of the individuals involved and must provide for…

The attorney general may appoint special peace officers as provided in this part.

A class I railroad corporation, as defined by the interstate commerce commission in part 1201 of 49 CFR, desiring the appointment of an officer or employee as a special peace officer shall apply to the attorney general. The application must state the name, age, and place of resid…

A person appointed and sworn as a special peace officer must when on duty have the power and authority of a peace officer but may exercise the power and authority only in the protection of the property of the class I railroad corporation employing the person.

The class I railroad corporation employing a special peace officer is solely responsible for the compensation of the special peace officer and is civilly liable for any action of the officer arising out of the officer's actions as a special peace officer. The class I railroad cor…

This chapter may be cited as the "Montana Criminal Justice Information Act of 1979".

The purpose of this chapter is to require the photographing and fingerprinting of persons under certain circumstances, to ensure the accuracy and completeness of criminal history information, and to establish effective protection of individual privacy in confidential and nonconfi…

As used in this chapter, the following definitions apply: (1) "Access" means the ability to read, change, copy, use, transfer, or disseminate criminal justice information maintained by criminal justice agencies. (2) "Administration of criminal justice" means the performance of an…

Laws requiring disclosure of public records, writings, or information are not superseded by this chapter unless clearly inconsistent with its specific language. Laws requiring confidentiality of information contained in records or writings are not superseded by this chapter, whic…

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…