Title 44, Title 44

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.

As used in this part, the following definitions apply: (1) "Biological sample" means cheek cells removed by using a buccal swab of a type authorized by the department or a vial or other container of blood. (2) "Department" means the department of justice provided for in 2-15-2001…

(1) The department shall establish a computerized DNA identification index for the receipt, storage, and exchange of DNA records. The DNA identification index is the central repository for DNA records in the state of Montana. (2) The DNA identification index must include: (a) DNA…

(1) Following entry of judgment, a person convicted of a felony offense, a youth found under 41-5-1502 to have committed a sexual or violent offense, a defendant ordered under 46-18-202 to provide a biological sample for DNA testing, a person required to register as a sexual or v…

(1) A government entity may not obtain DNA or neurotechnology search results from a consumer DNA or neurotechnology database: (a) without a search warrant or investigative subpoena issued by a court on a finding of probable cause; or (b) unless the consumer whose information is s…

(1) The DNA records contained in the DNA identification index may be released only for the following purposes: (a) to federal, state, and local law enforcement agencies for law enforcement identification purposes; (b) for criminal defense purposes, to a defendant for whom there i…

If a conviction of a felony offense or the adjudication of a youth for a sexual or violent offense is reversed, the record relating to the offense must be expunged from the DNA identification index. The county attorney of the county in which the conviction occurred shall notify t…

Except as provided in this part or unless the person that they relate to consents to their release, records, findings, and results of DNA testing are confidential criminal justice information subject to the dissemination provisions of Title 44, chapter 5.

A minor under 18 years of age may not have a DNA sample collected by a peace officer unless: (1) the minor was found under 41-5-1502 to have committed a sexual or violent offense; (2) a parent or legal guardian has provided written permission; or (3) a court of competent jurisdic…

The department shall adopt rules for the handling, collection, transportation, sampling, and storage of blood samples and to further define the term "marker". The rules concerning the handling of blood samples must ensure protection of the health of persons who may come into cont…

As designated by the governor as the state planning agency under the Omnibus Crime Control and Safe Streets Act of 1968, as amended, the board of crime control shall perform the functions assigned to it under that act. The board shall also provide to criminal justice agencies tec…

(1) Within the limits of available funds, the board of crime control shall administer and support a crisis intervention team training program to increase the number of law enforcement officers, behavioral health providers, and community stakeholders who are trained to respond saf…

(1) Within the limits of available funds, the board of crime control shall develop and administer a prosecution diversion grant program to encourage local adoption of prosecution diversion programs under 46-16-130. (2) Grant funds may be used for staff, to provide supervision, or…

(1) Within the limits of available funds, the Montana board of crime control shall develop and administer a supportive housing grant program to improve access to housing for people reentering the community from the criminal justice system or who have a criminal history. (2) Count…

As used in 44-7-126 and this section, unless the context clearly indicates otherwise, the following definitions apply: (1) "Agency" has the meaning provided in 2-15-102. (2) "Board" means the board of crime control established in 2-15-2008. (3) "Contributing entity" means an agen…

(1) (a) There is a criminal justice data warehouse housed in the board of crime control. The purpose of the criminal justice data warehouse is to receive, store, secure, and maintain data and information from contributing entities to facilitate analysis to assist state and local …

(1) The Montana board of crime control shall use the money in the domestic violence intervention account established by 44-7-202 to fund a domestic violence intervention program to provide grants to: (a) communities for misdemeanor probation officers or compliance officers to mon…

(1) There is a domestic violence intervention account in the state special revenue fund in the state treasury. There must be paid into this account the designated filing fees paid under 25-1-201(7) to the clerk of the district court. The money deposited in the account must be use…

The costs incurred by the Montana board of crime control in administering the domestic violence intervention program must be paid with money from the domestic violence intervention account established by 44-7-202. The board may use up to 10% of the money deposited in the account …

Funds deposited in the domestic violence intervention account may be used only for the program authorized in 44-7-201 and the costs authorized under 44-7-203 and may not be used to pay the expenses of any other program or service administered in whole or in part by the Montana bo…

(1) The Montana board of crime control shall adopt statewide offender intervention program standards to ensure that counseling and other services organized under the program are evidence-informed practices that are designed to reduce the risk of future violent behavior. (2) The b…

The legislature recognizes that incarcerating offenders carries an extremely high cost and may not be the most effective strategy for restoring victims, reforming offenders, and reducing recidivism. It is the intent of 44-7-302 to have the board of crime control apply for grants …

(1) The purposes of the restorative justice grant programs are to: (a) promote the use of restorative justice practices throughout the state; and (b) provide technical assistance to local and state jurisdictions and organizations interested in implementing the principles of resto…

(1) There is an account in the state special revenue fund established by 17-2-102 to be known as the restorative justice fund. (2) There must be deposited in the account: (a) money received from legislative allocations; (b) a transfer of money from a state or local agency for the…

There is a Family Violence Prevention and Services Act grant program established within the board of crime control for the allocation of grant money to local domestic violence programs.

The board of crime control: (1) may adopt rules necessary to carry out the purposes of this part; (2) may spend no more than 5% of the appropriated funds for administrative costs of the grant program; (3) shall accept federal funds that may be available for use in carrying out th…

(1) The board of crime control may award domestic violence grants only to local partner or family member assault programs that are locally controlled. Grants may be awarded to governmental agencies or nongovernmental organizations or persons. (2) Domestic violence grants must be …

(1) Local domestic violence programs may provide services that include but are not limited to the following: (a) counseling for victims or their partners; (b) shelters or safe homes for victims; (c) advocacy programs that assist victims in obtaining services and information; and …

Twenty percent of the operational costs of a domestic violence program must come from the local community served by the program. The local contribution may include in-kind contributions.

This chapter may be cited as the "Montana Law Enforcement Academy Act".

The purpose of this chapter shall be to establish a Montana law enforcement academy to provide Montana law enforcement officers and other qualified individuals with a means of securing training in the field of law enforcement.

There is hereby established a Montana law enforcement academy.

The Montana law enforcement academy shall be governed by the department of justice.

(1) The department of justice shall have the power and it shall be its duty to: (a) establish qualifications for admission to the academy; (b) select from among qualified applicants those officers and other individuals who are to attend the academy each year; (c) except as provid…

The academy shall be in session for a period to be annually determined by the department of justice.

(1) There is an account in the state special revenue fund to be used by the department of justice on behalf of the Montana law enforcement academy established in 44-10-103 and the Montana public safety officer standards and training council established in 2-15-2029. (2) Money in …

All bona fide Montana law enforcement officers and other individuals who meet the qualifications established by the department of justice shall be eligible to apply for admission to the Montana law enforcement academy.

All officers shall be paid their regular salary during their attendance at the academy, and time spent in such attendance shall not be deducted from the vacation to which any attending officer is entitled. No officer shall lose any pension, seniority, or other rights by reason of…

The expenditure of funds by any city, town, municipality, or county for the board, room, and travel expenses of the officers attending the academy shall be a lawful expenditure.

A peace officer or any law enforcement entity of any county or municipality or a state government law enforcement entity may request the assistance of a peace officer from another law enforcement entity within the state of Montana. A peace officer, while in the jurisdiction of th…

A law enforcement entity requesting assistance under 44-11-101 shall indemnify the assisting peace officer, the officer's legal representative in case of death, or the furnishing law enforcement entity for any liability or obligation to indemnify created by 2-9-305 that may resul…

A peace officer rendering assistance under 44-11-101 is entitled to the same wage, salary, pension, workers' compensation, and all other service rights for service rendered under that section as for service rendered within the law enforcement entity in which the officer is normal…

(1) The law enforcement entity employing a peace officer who renders assistance shall make all wage, pension, and disability payments and payments for damage to clothing and equipment due to the officer as a result of the rendering of assistance and shall pay any medical expense …

This part shall be known and may be cited as the "Interstate Law Enforcement Mutual Aid Act".