Mont. Code Ann. § 44-12-102 — MT Code / Title 44 / Chapter 12 / Part 1 / Section 44-12-102
44-12-102 Things subject to forfeiture
Status: in_force

44-12-102 . Things subject to forfeiture. (1) A court may order, as part of the sentence imposed upon conviction, that the following property be forfeited as provided in 44-12-207 through 44-12-211 :

(a) all controlled substances that have been manufactured, distributed, prepared, cultivated, compounded, processed, or possessed in violation of Title 45, chapter 9;

(b) all money, raw materials, products, and equipment of any kind that are used or intended for use in manufacturing, preparing, cultivating, compounding, processing, delivering, importing, or exporting any controlled substance in violation of Title 45, chapter 9, except items used or intended for use in connection with quantities of marijuana in amounts less than 60 grams;

(c) except as provided in subsection (2), all property that is used or intended for use as a container for anything enumerated in subsection (1)(a) or (1)(b);

(d) except as provided in subsection (2), all conveyances, including aircraft, vehicles, and vessels, that are used or intended for use in any manner to facilitate the commission of a violation of Title 45, chapter 9;

(e) all books, records, and research products and materials, including formulas, microfilm, tapes, and data, that are used or intended for use in violation of Title 45, chapter 9;

(f) all drug paraphernalia as defined in 45-10-101 ;

(g) everything of value furnished or intended to be furnished in exchange for a controlled substance in violation of Title 45, chapter 9, all proceeds traceable to an exchange, and all money, negotiable instruments, and securities used or intended to be used to facilitate a violation of Title 45, chapter 9;

(h) any personal property constituting or derived from proceeds obtained directly or indirectly from a violation of Title 45, chapter 9, that is punishable by more than 5 years in prison; and

(i) real property, including any right, title, and interest in any lot or tract of land and any appurtenances or improvements, that is directly used or intended to be used in any manner or part to commit or facilitate the commission of or that is derived from or maintained by the proceeds resulting from a violation of Title 45, chapter 9, that is punishable by more than 5 years in prison. An owner's interest in real property is not subject to forfeit by reason of any act or omission unless it is proved that the act or omission was the owner's or was with the owner's actual knowledge, as defined in 44-12-101 , or express consent.

(2) A conveyance or container is not subject to forfeiture under this section if it was used or intended for use in transporting less than 60 grams of marijuana, but this exception does not apply to synthetic cannabinoids listed as dangerous drugs in 50-32-222 .
Mont. Code Ann. § 44-5-501 — MT Code / Title 44 / Chapter 5 / Part 5 / Section 44-5-501
44-5-501 Creation of criminal intelligence information section -- advisory council
Status: in_force

44-5-501 . Creation of criminal intelligence information section -- advisory council. (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 representative from the Montana chiefs of police association, one representative from the Montana sheriffs and peace officers association, one representative from the Montana county attorneys association, one member of the department of justice, a member of the judiciary committee of either the house of representatives or the senate, and a citizen at large.

(b) The representatives from the Montana chiefs of police association and the Montana sheriffs and peace officers association must be sworn officers of a participating agency.

(c) The department of justice member may not be an employee of the department involved in criminal intelligence or criminal investigation work.

(d) Members of the advisory council serve at the pleasure of the attorney general.

(e) The department shall provide staff and support services for the advisory council.
Mont. Code Ann. § 44-1-110 — MT Code / Title 44 / Chapter 1 / Part 1 / Section 44-1-110
44-1-110 Highway patrol administration state special revenue account
Status: in_force

44-1-110 . Highway patrol administration state special revenue account. (1) There is an account in the state special revenue fund established by 17-2-102 to be known as the highway patrol administration account.

(2) Funds directed to the account by 15-70-403 (2)(b) and (3)(b) must be deposited in the account.
Mont. Code Ann. § 44-10-202 — MT Code / Title 44 / Chapter 10 / Part 2 / Section 44-10-202
44-10-202 Powers and duties of department
Status: in_force

44-10-202 . Powers and duties of department. (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 provided in subsection (2), determine the curriculum and methods of training for officers and other individuals attending the academy;

(d) select and hire staff as it considers necessary to implement this chapter;

(e) establish rules for the conduct of officers and other individuals enrolled at the academy;

(f) award appropriate certificates to officers and other individuals who successfully complete their training;

(g) provide for the keeping of permanent records of enrollment, attendance, and graduation and other records as the department considers necessary;

(h) make a yearly report in writing of the activities of the academy. Copies of this report shall be sent to the governor, attorney general, and secretary of state.

(i) do all other things necessary and desirable for the establishment and operation of the academy not inconsistent with this chapter or the constitution and statutes of the state of Montana; and

(j) accept and expend grants from federal, state, county, and city governments or private persons, associations, or corporations.

(2) The curriculum referred to in subsection (1)(c) must include a specific section of instruction on constitutional law emphasizing the rights of the people as set forth in the bill of rights of the United States constitution and the rights contained in Article II of the Montana constitution.
Mont. Code Ann. § 44-4-1604 — MT Code / Title 44 / Chapter 4 / Part 16 / Section 44-4-1604
44-4-1604 Statewide public safety communications system advisory council -- membership -- subcommittees
Status: in_force

44-4-1604 . Statewide public safety communications system advisory council -- membership -- subcommittees. (1) There is a statewide public safety communications system advisory council.

(2) Subject to subsection (8), the advisory council consists of nine members appointed by the governor as follows:

(a) the attorney general or the attorney general's designee from the department, who serves as presiding officer of the council;

(b) a representative of the governor's office;

(c) a representative of the law enforcement community;

(d) a representative of the fire protection community;

(e) a representative of the emergency medical community;

(f) a representative of a municipality, designated by the Montana league of cities and towns;

(g) a representative of county government, designated by the Montana association of counties;

(h) a representative of the association of public-safety communications officials, designated by the Montana chapter of the association of public-safety communications officials; and

(i) a representative of tribal governments.

(3) The advisory council may create temporary or permanent subcommittees, when necessary, to advise members of the council. Subcommittee membership, appointed by a majority of the advisory council, may include but is not limited to:

(a) a representative of the Montana highway patrol;

(b) a representative of the department of transportation, maintenance division;

(c) a representative of the department of military affairs, disaster and emergency services division;

(d) a representative of the department of administration, state information technology services division;

(e) a representative of the department of natural resources and conservation, division of forestry, fire and aviation management bureau;

(f) two representatives of the Montana association of counties, with one representing counties with populations less than 30,000 and one representing counties with populations greater than 30,000;

(g) two representatives of the Montana league of cities and towns, with one representing cities and towns with populations less than 30,000 and one representing cities with populations greater than 30,000;

(h) a representative of the Montana sheriffs and peace officers association;

(i) a representative of the Montana association of chiefs of police;

(j) a representative of the Montana state fire chiefs' association;

(k) a representative of the Montana state volunteer firefighters association;

(l) a representative of the Montana emergency medical services association; and

(m) a representative of the Montana association of public safety communications officials.

(4) The advisory council shall establish a technical subcommittee to advise subcommittees appointed in accordance with subsection (3) and the advisory council established in subsection (2) on subjects including but not limited to:

(a) system maintenance and operational issues; and

(b) technology considerations as assigned by the advisory council.

(5) The advisory council and related subcommittees are attached to the department for administrative purposes only, as provided in 2-15-121 .

(6) The advisory council shall at a minimum, within its budget, hold quarterly meetings.

(7) Advisory council members and subcommittee members shall serve without additional compensation.

(8) (a) Membership on the advisory council established in accordance with subsection (2) is limited to agencies or their appointed representatives who use the statewide public safety communications system.

(b) Members shall work to improve and sustain the statewide public safety communications system within the state.

(c) This subsection (8) does not limit the ability of a vendor, consultant, or other individual representing a business to, by invitation, provide the advisory council with useful information.

(9) (a) Vendors, consultants, and other individuals representing business interests may be appointed to a subcommittee formed in accordance with subsection (3) or (4).

(b) Members included under this subsection (9) are nonvoting members.
Mont. Code Ann. § 44-1-202 — MT Code / Title 44 / Chapter 1 / Part 2 / Section 44-1-202
44-1-202 Qualifications
Status: in_force

44-1-202 . Qualifications. The person named as chief shall have been a continuous resident of Montana for at least 5 years.
Mont. Code Ann. § 44-15-108 — MT Code / Title 44 / Chapter 15 / Part 1 / Section 44-15-108
44-15-108 Use of facial recognition technology by state and local government agencies -- when permitted -- restrictions on use -- exemption
Status: in_force

44-15-108 . Use of facial recognition technology by state and local government agencies -- when permitted -- restrictions on use -- exemption. (1) A state or local government agency may use, or contract with a third-party vendor for the use of, facial verification if the state or local government agency first provides a written use and privacy policy regarding facial recognition technology. The written policy must include, at a minimum:

(a) the specific purpose for facial verification by the state or local government agency;

(b) the length of term for which facial biometric data is being collected or stored; and

(c) notice that facial biometric data may not be collected on an individual without prior written consent by the individual.

(2) The state or local government agency must include an option for access to services without the use of facial verification.

(3) A third-party vendor who is contracted with a state or local government agency shall provide a copy of its written policies in accordance with 44-15-109 for use with the notice requirement outlined in subsection (1).

(4) A state or local government agency shall report the use of facial recognition technology pursuant to subsection (1) to the information technology board created in 2-15-1021 .

(5) This part does not apply to a state or local government agency that uses facial verification in association with a federal agency to verify the identity of individuals presenting themselves for travel at an airport or other port.
Mont. Code Ann. § 44-5-505 — MT Code / Title 44 / Chapter 5 / Part 5 / Section 44-5-505
44-5-505 Section supervisor and personnel
Status: in_force

44-5-505 . Section supervisor and personnel. (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.
Mont. Code Ann. § 44-4-1506 — MT Code / Title 44 / Chapter 4 / Part 15 / Section 44-4-1506
44-4-1506 Emergency lodging and recovery for victims of domestic violence or human trafficking account
Status: in_force

44-4-1506 . Emergency lodging and recovery for victims of domestic violence or human trafficking account. (1) There is an emergency lodging and recovery for victims of domestic violence or human trafficking account in the state special revenue fund. The account is administered by the department of justice.

(2) The revenue allocated to the account as provided in 15-65-121 (2)(l) must be deposited in the account and distributed as provided in 44-4-1505 .

(3) Money in the account is statutorily appropriated, as provided in 17-7-502 , to the department of justice to provide grants to licensed establishments that provide short-term lodging and recovery assistance in the state to individuals and families that are victims of domestic violence or human trafficking pursuant to 44-4-1505 .
Mont. Code Ann. § 44-4-115 — MT Code / Title 44 / Chapter 4 / Part 1 / Section 44-4-115
44-4-115 Fish, wildlife, and parks enforcement program
Status: in_force

44-4-115 . Fish, wildlife, and parks enforcement program. There is a fish, wildlife, and parks enforcement program in the department of justice, which must be administered by the entity in the department that assists county attorneys with prosecutions. The program staff may investigate and may prosecute criminal cases concerning the violation of the laws administered by the department of fish, wildlife, and parks. The program is under the supervision and control of the attorney general and consists of a half-time attorney licensed to practice law in Montana who may prosecute, or assist county attorneys and the department in the prosecution of, criminal violations of Title 87.
Mont. Code Ann. § 44-3-204 — MT Code / Title 44 / Chapter 3 / Part 2 / Section 44-3-204
44-3-204 Associate medical examiners -- compensation
Status: in_force

44-3-204 . Associate medical examiners -- compensation. Associate medical examiners may be paid for their services an amount that the state chief medical examiner considers to be reasonable compensation and may be reimbursed for expenses actually incurred in the performance of their duties.
Mont. Code Ann. § 44-2-408 — MT Code / Title 44 / Chapter 2 / Part 4 / Section 44-2-408
44-2-408 Missing person reports
Status: in_force

44-2-408 . Missing person reports. (1) All law enforcement authorities in the state shall accept, without delay, any report of a missing person unless there are extenuating circumstances, including:

(a) the law enforcement authority knows the location of the person reported missing;

(b) the law enforcement authority confirms the safe status of the person reported missing;

(c) the law enforcement authority confirms that another law enforcement authority has or will accept a missing person report for the person; or

(d) other circumstances documented by the law enforcement authority.

(2) All missing person reports must be entered into the database of the national crime information center of the United States department of justice within:

(a) 2 hours of receipt for persons under 21 years of age; or

(b) 8 hours of receipt for persons 21 years of age or older.

(3) If a missing person is not located within 30 days of being reported missing, the law enforcement authority that took the report shall ensure a complete and accurate record of information is compiled for the missing person, including a photograph if one is available.
Mont. Code Ann. § 44-7-401 — MT Code / Title 44 / Chapter 7 / Part 4 / Section 44-7-401
44-7-401 Family Violence Prevention and Services Act grant program
Status: in_force

44-7-401 . Family Violence Prevention and Services Act grant program. 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.
Mont. Code Ann. § 44-5-515 — MT Code / Title 44 / Chapter 5 / Part 5 / Section 44-5-515
44-5-515 Protection of individual privacy
Status: in_force

44-5-515 . Protection of individual privacy. 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 this part and with the standards and procedures adopted by the section. The advisory council shall make an annual report to the attorney general.
Mont. Code Ann. § 44-4-1204 — MT Code / Title 44 / Chapter 4 / Part 12 / Section 44-4-1204
44-4-1204 Rulemaking -- testing fee
Status: in_force

44-4-1204 . Rulemaking -- testing fee. The attorney general shall adopt rules to implement this part. The rules must:

(1) provide for the nature and manner of testing and the procedures and apparatus to be used for testing;

(2) establish reasonable participation and testing fees for the program, including the collection of fees to pay the cost of installation, monitoring, and deactivation of any testing device;

(3) provide for the establishment and use of local accounts for the deposit of fees collected pursuant to these rules; and

(4) require and provide for the approval of a sobriety program data management technology plan that must be used by the department and participating law enforcement agencies to manage testing, data access, fees and fee payments, and any required reports.
Mont. Code Ann. § 44-4-1607 — MT Code / Title 44 / Chapter 4 / Part 16 / Section 44-4-1607
44-4-1607 Statewide public safety communications system account
Status: in_force

44-4-1607 . Statewide public safety communications system account. (1) There is an account in the state special revenue fund established in 17-2-102 to be known as the statewide public safety communications system account.

(2) There must be deposited in the account:

(a) money received from legislative allocations and general fund transfers;

(b) a transfer of money from a state or local agency for the purposes of this part;

(c) rates, charges, or fees collected by the department in accordance with 44-4-1606 (3)(h);

(d) funds accepted in accordance with 44-4-1606 (3)(i) and (3)(j); and

(e) a gift, donation, grant, legacy, bequest, or devise made for the purposes of this part.

(3) There is an account in the federal special revenue fund established in 17-2-102 to be known as the statewide public safety communications system account. There must be deposited in the account money received from the federal government for the purposes of this part.

(4) For each fiscal year beginning July 1, 2019, and ending June 30, 2023, there is transferred $3.75 million from the state general fund to the state special revenue account provided for in this section.

(5) Funds in either account created in this section must be used by the department for the purposes of this part.
Mont. Code Ann. § 44-6-108 — MT Code / Title 44 / Chapter 6 / Part 1 / Section 44-6-108
44-6-108 Confidentiality of records of DNA testing
Status: in_force

44-6-108 . Confidentiality of records of DNA testing. 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.
Mont. Code Ann. § 44-4-1202 — MT Code / Title 44 / Chapter 4 / Part 12 / Section 44-4-1202
44-4-1202 Purpose -- definitions
Status: in_force

44-4-1202 . Purpose -- definitions. (1) The legislature declares that driving in Montana upon a way of this state open to the public is a privilege, not a right. A driver who wishes to enjoy the benefits of this privilege shall accept the corresponding responsibilities.

(2) The legislature further declares that the purpose of this part is:

(a) to protect the public health and welfare by reducing the number of people on Montana's highways who drive under the influence of alcohol or dangerous drugs;

(b) to protect the public health and welfare by reducing the number of repeat offenders for crimes in which the abuse of alcohol or dangerous drugs was a contributing factor in the commission of the crime;

(c) to strengthen the pretrial and posttrial options available to prosecutors and judges in responding to repeat DUI offenders or other repeat offenders who commit crimes in which the abuse of alcohol or dangerous drugs was a contributing factor in the commission of the crime; and

(d) to ensure timely and sober participation in judicial proceedings.

(3) As used in this part, the following definitions apply:

(a) "Core components" means those elements of a sobriety program that analysis demonstrates are most likely to account for positive program outcomes.

(b) "Dangerous drug" has the meaning provided in 50-32-101 .

(c) "Department" means the department of justice provided for in 2-15-2001 .

(d) "Immediate sanction" means a sanction that is applied within minutes of a noncompliant test event.

(e) "Law enforcement agency" means the county sheriff's office or another law enforcement agency designated by the county sheriff's office that is charged with enforcing the sobriety program.

(f) "Sobriety program" or "program" means the 24/7 sobriety and drug monitoring program established in 44-4-1203 , which authorizes a court or an agency as defined in 2-15-102 , as a condition of bond, sentence, probation, parole, or work permit, to:

(i) require an individual who has been charged with or convicted of a crime in which the abuse of alcohol or dangerous drugs was a contributing factor in the commission of the crime, including but not limited to a second or subsequent offense of driving under the influence of alcohol or dangerous drugs, to abstain from alcohol or dangerous drugs for a period of time; and

(ii) require the individual to be subject to testing to determine the presence of alcohol or dangerous drugs.

(g) "Testing" means a procedure for determining the presence and level of alcohol or a dangerous drug in an individual's breath or body fluid, including blood, urine, saliva, or perspiration, and includes any combination of the use of in person or remote breath testing, drug patch testing, urinalysis testing, saliva testing, or continuous remote transdermal alcohol monitoring. With the concurrence of the department and consistent with 44-4-1203 , alternate body fluids may be approved for testing.

(h) "Timely sanction" means a sanction that is applied as soon as practical following a noncompliant test event.
Mont. Code Ann. § 44-10-303 — MT Code / Title 44 / Chapter 10 / Part 3 / Section 44-10-303
44-10-303 Expenditure of funds by local governments authorized
Status: in_force

44-10-303 . Expenditure of funds by local governments authorized. 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.
Mont. Code Ann. § 44-4-404 — MT Code / Title 44 / Chapter 4 / Part 4 / Section 44-4-404
44-4-404 Appointing authority responsible for applying standards -- training requirements
Status: in_force

44-4-404 . Appointing authority responsible for applying standards -- training requirements. (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 within 1 year of the public safety officer's hire date and terminating the employment of a public safety officer for failure to meet the minimum standards established by the council pursuant to this part.

(2) (a) The provisions of 7-32-303 (6), (7)(a), and (7)(d) apply to public safety officers in the public safety officer's specific discipline. Within 1 year of the public safety officer's most recent appointment, the public safety officer shall complete the applicable basic course if:

(i) no basic equivalency course exists in the public safety officer's discipline;

(ii) the public safety officer has attended the basic course required in 7-32-303 (6); and

(iii) the public safety officer has a break in service of more than 3 years but less than 5 years.

(b) The requirements of subsection (2)(a) do not apply to reserve officers as defined in 7-32-201 .

(3) (a) A public safety officer's appointing authority may apply to the council on behalf of the public safety officer for an extension to complete the minimum training standards. The extension may not exceed 180 days. The application must explain the circumstances that make the extension necessary.

(b) When granting an extension, the council may consider the following factors:

(i) illness of the public safety officer or a member of the public safety officer's immediate family;

(ii) lack of reasonable access to the basic equivalency course;

(iii) an unreasonable shortage of personnel in the public safety officer's department; and

(iv) any other factors the council considers relevant.

(4) (a) If a public safety officer who has not yet completed the minimum training standards is ordered to state or federal military duty within 1 year of the officer's hire date, the officer's employing agency shall notify the council within 10 days of the officer's departure for military duty. The public safety officer's 1-year period to complete minimum training standards must be stayed.

(b) Within 10 days of the public safety officer's return to the employing agency from military duty, the officer's employing agency shall notify the council. The public safety officer's 1-year period to complete minimum training standards must then resume.
Mont. Code Ann. § 44-1-301 — MT Code / Title 44 / Chapter 1 / Part 3 / Section 44-1-301
44-1-301 General supervisory powers
Status: in_force

44-1-301 . General supervisory powers. The chief shall have direct control and supervision of all patrol officers, subject to the approval of the attorney general.
Mont. Code Ann. § 44-15-103 — MT Code / Title 44 / Chapter 15 / Part 1 / Section 44-15-103
44-15-103 Definitions
Status: in_force

44-15-103 . Definitions. As used in this part, unless the context clearly indicates otherwise, the following definitions apply:

(1) "Affirmative authorization" means an action that demonstrates the intentional decision by an individual to opt into the retention of the individual's facial biometric data by a third-party vendor.

(2) "Another jurisdiction" means the federal government, the United States military, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, Guam, American Samoa, a federally recognized Indian tribe, or a state other than Montana.

(3) "Continuous facial surveillance" means the monitoring of public places or third-party image sets using facial recognition technology for facial identification to match faces with a prepopulated list of face images. The term includes but is not limited to scanning stored video footage to identify faces in the stored data, real-time scanning of video surveillance to identify faces passing by the cameras, and passively monitoring video footage using facial recognition technology for general surveillance purposes without a particularized suspicion of a specific target.

(4) "Department" means the department of justice.

(5) "Digital driver's license" means a secure version of an individual's physical driver's license or identification card that is stored on the individual's mobile device.

(6) "Facial biometric data" means data derived from a measurement, pattern, contour, or other characteristic of an individual's face, either directly or from an image.

(7) (a) "Facial identification" means a computer system that, for the purpose of attempting to determine the identity of an unknown individual, uses an algorithm to compare the facial biometric data of an unknown individual derived from a photograph, video, or image to a database of photographs or images and associated facial biometric data in order to identify potential matches.

(b) The term does not include:

(i) a system used specifically to protect against unauthorized access to a particular location or an electronic device; or

(ii) a system a consumer uses for the consumer's private purposes.

(8) "Facial recognition service" or "facial recognition technology" means the use of facial identification or facial verification.

(9) "Facial verification" means the automated process of comparing an image or facial biometric data of a known individual to an image database, or to government documentation containing an image of the known individual, to identify a potential match in pursuit of the individual's identity.

(10) "Law enforcement agency" means:

(a) an agency or officer of the state of Montana or of a political subdivision that is empowered by the laws of this state to conduct investigations or to make arrests; and

(b) an attorney, including the attorney general, who is authorized by the laws of this state to prosecute or to participate in the prosecution of a person who is arrested or who may be subject to a civil action related to or concerning an arrest.

(11) "Motor vehicle division" means the division within the department of justice authorized to issue driver's licenses.

(12) "Personal information" has the same meaning as in 30-14-1704 .

(13) "Public building" means any building that the state or any political subdivision of the state maintains for the use of the public.

(14) "Public employee" means a person employed by a state or local government agency, including but not limited to a peace officer.

(15) "Public official" means a person elected or appointed to a public office that is part of a state or local government agency.

(16) "Public roads and highways of this state" has the same meaning as in 15-70-401 .

(17) "Serious crime" means:

(a) a crime under the laws of this state that is a violation of 45-5-102 , 45-5-103 , 45-5-104 , 45-5-106 , 45-5-107 , 45-5-202 , 45-5-207 , 45-5-210 , 45-5-212 , 45-5-213 , 45-5-220 , 45-5-302 , 45-5-303 , 45-5-401 , 45-5-503 , 45-5-504 (3), 45-5-508 , 45-5-602 , 45-5-603 , 45-5-622 , 45-5-625 , 45-5-627 , 45-5-628 , 45-5-702 , 45-5-703 , 45-5-704 , 45-5-705 , or 45-5-802 (1); or

(b) a crime under the laws of another jurisdiction that is substantially similar to a crime under subsection (17)(a).

(18) "State or local government agency" means a state, county, or municipal government, a department, agency, or subdivision of a state, county, or municipal government, or any other entity identified in law as a public instrumentality. The term does not include a school district or law enforcement agency.

(19) "Vendor" has the same meaning as in 18-4-123 .
Mont. Code Ann. § 44-6-106 — MT Code / Title 44 / Chapter 6 / Part 1 / Section 44-6-106
44-6-106 Release of DNA records
Status: in_force

44-6-106 . Release of DNA records. (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 is a DNA record, who is also entitled to samples and analyses held as part of the record;

(c) to assist in the identification of human remains, including missing persons; and

(d) if information allowing a person to be identified is removed, for a population statistics database and for identification, research, and protocol development for forensic DNA analysis and quality control.

(2) Requests for DNA records must be in writing, signed by the requesting party, and maintained on file in the DNA identification index in accordance with rules adopted by the department.

(3) A defendant in a criminal proceeding is entitled to information in the DNA identification index relating to the number of requests previously made for comparison searches relating to the defendant and the names of the requesting parties.
Mont. Code Ann. § 44-1-1103 — MT Code / Title 44 / Chapter 1 / Part 11 / Section 44-1-1103
44-1-1103 Check in lieu of cash
Status: in_force

44-1-1103 . Check in lieu of cash. (1) In the case of traffic violations, bond may be made by personal check in lieu of cash. Highway patrol officers or other authorized agents receiving bonds on behalf of the court may accept a personal check in lieu of cash if:

(a) the check is drawn on a bank domiciled in the state of Montana; and

(b) the person who writes the check in lieu of cash bond has two documents of identification.

(2) If a check is offered in lieu of cash, the highway patrol officer or other authorized agent who accepts the check is not liable in the case of nonpayment.

(3) A person who writes a check in lieu of cash bond that is returned for insufficient funds is subject to prosecution under 45-6-316 , and obtaining bond constitutes securing services for the purposes of that section.
Mont. Code Ann. § 44-1-702 — MT Code / Title 44 / Chapter 1 / Part 7 / Section 44-1-702
44-1-702 Preferring charges
Status: in_force

44-1-702 . Preferring charges. (1) The charge or charges against any member of the highway patrol shall be made in writing and signed and sworn to by the person making the charge or charges.

(2) The written charge or charges shall be filed with the department of justice.
Mont. Code Ann. § 44-6-101 — MT Code / Title 44 / Chapter 6 / Part 1 / Section 44-6-101
44-6-101 Definitions
Status: in_force

44-6-101 . Definitions. 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 .

(3) "DNA" means deoxyribonucleic acid.

(4) "DNA identification index" means the DNA identification record system established under 44-6-102 .

(5) "DNA record" means DNA identification information stored in the DNA identification index for purposes of establishing identification in connection with law enforcement investigations or supporting statistical interpretation of the results of DNA analysis. The DNA record is considered the objective form of the results of a DNA analysis, such as the numerical representation of DNA fragment lengths, autoradiographs and the digital image of autoradiographs, and discrete allele assignment numbers.

(6) "DNA testing" means DNA analysis of materials derived from the human body for the purposes of identification consistent with this part.

(7) "Felony offense" means any offense under the Montana Code Annotated for which the maximum potential sentence under statute is death or imprisonment in a state prison for a term exceeding 1 year.

(8) "Forensic DNA laboratory" means any laboratory operated by state government that performs DNA analysis on materials derived from the human body for use as evidence in a criminal proceeding or for purposes of identification.

(9) "Marker" means a method of describing individuals by genetic profile, such as blood or DNA type, and has the specific meaning given to the word by department rule, which must take into account the meaning generally given to the word for forensic typing by DNA technologists.

(10) "Sexual offense" means the offenses contained in the definition of that term in 46-23-502 .

(11) "Violent offense" has the meaning contained in 46-23-502 .
Mont. Code Ann. § 44-1-1001 — MT Code / Title 44 / Chapter 1 / Part 10 / Section 44-1-1001
44-1-1001 Offenses for which patrol officers may make arrests
Status: in_force

44-1-1001 . Offenses for which patrol officers may make arrests. (1) The highway patrol chief and all patrol officers may make arrests for the offenses listed in subsection (2) under the following circumstances:

(a) the offense is committed in the presence of the chief or any patrol officer;

(b) the offense is committed in a rural district and a request for assistance is made by a peace officer; or

(c) the offense is committed in a city or town with a population of less than 2,500 and a request for assistance is made by a peace officer or the mayor of the city or town.

(2) Offenses for which arrests may be made under subsection (1) are:

(a) deliberate homicide;

(b) assault with a deadly weapon;

(c) arson;

(d) criminal mischief;

(e) burglary;

(f) theft;

(g) kidnapping;

(h) possession of dangerous drugs;

(i) possession of drug paraphernalia; or

(j) violation of the Dyer Act regarding the transportation of stolen automobiles.
Mont. Code Ann. § 44-4-1005 — MT Code / Title 44 / Chapter 4 / Part 10 / Section 44-4-1005
44-4-1005 Reporting -- immunity from liability
Status: in_force

44-4-1005 . Reporting -- immunity from liability. A person may not be held liable for any damages arising from an act relating to the reporting of information made in good faith and in substantial compliance with the reporting procedures established under 44-4-1002 .
Mont. Code Ann. § 44-4-1203 — MT Code / Title 44 / Chapter 4 / Part 12 / Section 44-4-1203
44-4-1203 Sobriety and drug monitoring program created
Status: in_force

44-4-1203 . Sobriety and drug monitoring program created. (1) There is a statewide 24/7 sobriety and drug monitoring program within the department to be administered by the attorney general.

(2) (a) The core components of the sobriety program must include use of a primary testing methodology for the presence of alcohol or dangerous drugs that:

(i) best facilitates the ability to apply immediate sanctions for noncompliance; and

(ii) is available at an affordable cost.

(b) Primary testing methods for alcohol include twice-a-day, in-person breath testing at a central location and other methodologies approved by the department. Primary testing methodologies must utilize devices that are capable of determining alcohol concentrations below an equivalent breath alcohol concentration of 0.010 grams per 210 liters of breath. If the primary testing methodology is a breath alcohol analysis, the device utilized must be listed on the most recent conforming products list for evidential breath alcohol measurement devices as published by the national highway traffic safety administration.

(c) In cases of hardship or when a sobriety program participant is subject to less-stringent testing requirements, testing methodologies with timely sanctions for noncompliance may be utilized. Hardship testing methodologies include the use of transdermal alcohol monitoring devices, remote breath test devices, and other methods approved by the department. A hardship testing methodology may be used if the court or agency determines that hardship factors, including but not limited to distance from or lack of access to a primary testing method site, prevent the reasonable use of a primary testing method.

(3) The sobriety program must be supported by evidence of effectiveness and satisfy at least two of the following categories:

(a) the program is included in the federal registry of evidence-based programs and practices;

(b) the program has been reported in a peer-reviewed journal as having positive effects on the primary targeted outcome; or

(c) the program has been documented as effective by informed experts and other sources.

(4) If a law enforcement agency chooses to participate in the sobriety program, the department shall assist in the creation and administration of the program in the manner provided in this part. The department shall also assist entities participating in the program in determining alternatives to incarceration.

(5) (a) If a law enforcement agency participates in the program, the law enforcement agency may designate an entity to provide the testing services or to take any other action required or authorized to be provided by the law enforcement agency pursuant to this part, except that the law enforcement agency's designee may not determine whether to participate in the sobriety program.

(b) The law enforcement agency shall establish the testing locations and times for the county but must have at least one testing location and two daily testing times approximately 12 hours apart.

(6) All alcohol or drug testing ordered by a court must utilize the data management technology plan provided for in 44-4-1204 (4). All alcohol or drug testing ordered by a court must utilize the data management technology system in accordance with the data management technology plan provided for in 44-4-1204 (4). The data is owned by the state and maintained by the department. Approved testing methodologies, whether designated as primary or hardship, must be capable of electronically transferring data directly into the data management technology system through a department-approved interface.

(7) In order to provide a more complete record of drug and alcohol testing results, any alcohol or drug testing required by other state or local agencies may utilize the data management technology system.
Mont. Code Ann. § 44-3-303 — MT Code / Title 44 / Chapter 3 / Part 3 / Section 44-3-303
44-3-303 Duties of laboratory director
Status: in_force

44-3-303 . Duties of laboratory director. There is a director of the laboratory of criminalistics. The laboratory director shall:

(1) be responsible for supervision and direction of the laboratory;

(2) assist the department in the appointment of laboratory personnel;

(3) render decisions as to the disposition of specimens; and

(4) perform all other duties required by the rules of the department.
Mont. Code Ann. § 44-1-613 — MT Code / Title 44 / Chapter 1 / Part 6 / Section 44-1-613
44-1-613 Recognition of meritorious service on retirement
Status: in_force

44-1-613 . Recognition of meritorious service on retirement. (1) The highway patrol chief shall award to a highway patrol officer, on retirement, that highway patrol officer's badge, duty weapon, and handcuffs, providing that a committee of three of the highway patrol officer's peers certifies to the highway patrol chief that the retiring highway patrol officer has:

(a) served meritoriously for a minimum of 20 years and must be so honored; or

(b) taken medical retirement resulting from an in-the-line-of-duty injury sustained while providing meritorious service.

(2) The highway patrol chief shall award to a surviving spouse or dependent of a highway patrol officer who died in the line of duty that highway patrol officer's badge, duty weapon, and handcuffs.
Mont. Code Ann. § 44-5-601 — MT Code / Title 44 / Chapter 5 / Part 6 / Section 44-5-601
44-5-601 Compact adopted -- text
Status: in_force

44-5-601 . Compact adopted -- text. 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) "Attorney general" means the attorney general of the United States.

(2) "Compact officer" means:

(a) with respect to the federal government, an official so designated by the director of the FBI; and

(b) with respect to a party state, the chief administrator of the state's criminal history record repository or a designee of the chief administrator who is a regular full-time employee of the repository.

(3) "Council" means the compact council established under Article VI.

(4) "Criminal history record repository" means the state agency designated by the governor or other appropriate executive official or the legislature of a state to perform centralized recordkeeping functions for criminal history records and services in the state.

(5) (a) "Criminal history records" means information collected by criminal justice agencies on individuals consisting of identifiable descriptions and notations of arrests, detentions, indictments, or other formal criminal charges and any disposition arising therefrom, including acquittal, sentencing, correctional supervision, or release.

(b) The term does not include identification information such as fingerprint records if the information does not indicate involvement of the individual with the criminal justice system.

(6) "Criminal justice" includes activities relating to the detection, apprehension, detention, pretrial release, posttrial release, prosecution, adjudication, correctional supervision, or rehabilitation of accused persons or criminal offenders. The administration of criminal justice includes criminal identification activities and the collection, storage, and dissemination of criminal history records.

(7) (a) "Criminal justice agency" means:

(i) courts; and

(ii) a governmental agency or any subunit of an agency that performs the administration of criminal justice pursuant to a statute or executive order and allocates a substantial part of its annual budget to the administration of criminal justice.

(b) The term includes federal and state inspector general offices.

(8) "Criminal justice services" means services provided by the FBI to criminal justice agencies in response to a request for information about a particular individual or as an update to information previously provided for criminal justice purposes.

(9) "Direct access" means access to the national identification index by computer terminal or other automated means not requiring the assistance of or intervention by any other party or agency.

(10) "Executive order" means an order of the president of the United States or the chief executive officer of a state that has the force of law and that is promulgated in accordance with applicable law.

(11) "FBI" means the federal bureau of investigation.

(12) (a) "III system" means the interstate identification index system, which is the cooperative federal-state system for the exchange of criminal history records.

(b) The term includes the national identification index, the national fingerprint file, and to the extent of their participation in the system, the criminal history record repositories of the states and the FBI.

(13) "National fingerprint file" means a database of fingerprints or of other uniquely personal identifying information that relates to an arrested or charged individual and that is maintained by the FBI to provide positive identification of record subjects indexed in the III system.

(14) "National identification index" means an index maintained by the FBI consisting of names, identifying numbers, and other descriptive information relating to record subjects about whom there are criminal history records in the III system.

(15) "National indices" means the national identification index and the national fingerprint file.

(16) "Noncriminal justice purposes" means uses of criminal history records for purposes authorized by federal or state law other than purposes relating to criminal justice activities, including employment suitability, licensing determinations, immigration and naturalization matters, and national security clearances.

(17) "Nonparty state" means a state that has not ratified this compact.

(18) "Party state" means a state that has ratified this compact.

(19) "Positive identification" means a determination, based upon a comparison of fingerprints or other equally reliable biometric identification techniques, that the subject of a record search is the same person as the subject of a criminal history record or records indexed in the III system. Identifications based solely upon a comparison of subjects' names or other nonunique identification characteristics or numbers, or combinations thereof, does not constitute positive identification.

(20) "Sealed record information" means:

(a) with respect to adults, that portion of a record that is:

(i) not available for criminal justice uses;

(ii) not supported by fingerprints or other accepted means of positive identification; or

(iii) subject to restrictions on dissemination for noncriminal justice purposes pursuant to a court order related to a particular subject or pursuant to a federal or state statute that requires action on a sealing petition filed by a particular record subject; and

(b) with respect to juveniles, whatever each state determines is a sealed record under its own law and procedure.

(21) "State" means any state, territory, or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.

Article II. Purposes

The purposes of this compact are to:

(1) provide a legal framework for the establishment of a cooperative federal-state system for the interstate and federal-state exchange of criminal history records for noncriminal justice uses;

(2) require the FBI to permit use of the national identification index and the national fingerprint file by each party state and to provide, in a timely fashion, federal and state criminal history records to requesting states, in accordance with the terms of this compact and with rules, procedures, and standards established by the council under Article VI;

(3) require party states to provide information and records for the national identification index and the national fingerprint file and to provide criminal history records, in a timely fashion, to criminal history record repositories of other states and the federal government for noncriminal justice purposes, in accordance with the terms of this compact and with rules, procedures, and standards established by the council under Article VI;

(4) provide for the establishment of a council to monitor III system operations and to prescribe system rules and procedures for the effective and proper operation of the III system for noncriminal justice purposes; and

(5) require the FBI and each party state to adhere to III system standards concerning record dissemination and use, response times, system security, data quality, and other duly established standards, including those that enhance the accuracy and privacy of such records.

Article III. Responsibilities of Compact Parties

(1) The director of the FBI shall:

(a) appoint an FBI compact officer who shall:

(i) administer this compact within the department of justice and among federal agencies and other agencies and organizations that submit search requests to the FBI pursuant to Article V(3);

(ii) ensure that compact provisions and rules, procedures, and standards prescribed by the council under Article VI are complied with by the department of justice and the federal agencies and other agencies and organizations referred to in subsection (1)(a)(i) of this Article III; and

(iii) regulate the use of records received by means of the III system from party states when such records are supplied by the FBI directly to other federal agencies;

(b) provide to federal agencies and to state criminal history record repositories criminal history records maintained in its database for the noncriminal justice purposes described in Article IV, including:

(i) information from nonparty states; and

(ii) information from party states that is available from the FBI through the III system, but is not available from the party state through the III system;

(c) provide a telecommunications network and maintain centralized facilities for the exchange of criminal history records for both criminal justice purposes and the noncriminal justice purposes described in Article IV and ensure that the exchange of the records for criminal justice purposes has priority over exchange for noncriminal justice purposes; and

(d) modify or enter into user agreements with nonparty state criminal history record repositories to require them to establish record request procedures conforming to those prescribed in Article V.

(2) Each party state shall:

(a) appoint a compact officer who shall:

(i) administer this compact within that state;

(ii) ensure that compact provisions and rules, procedures, and standards established by the council under Article VI are complied with in the state; and

(iii) regulate the in-state use of records received by means of the III system from the FBI or from other party states;

(b) establish and maintain a criminal history record repository, which shall provide:

(i) information and records for the national identification index and the national fingerprint file; and

(ii) the state's III system-indexed criminal history records for noncriminal justice purposes described in Article IV;

(c) participate in the national fingerprint file; and

(d) provide and maintain telecommunications links and related equipment necessary to support the criminal justice services set forth in this compact.

(3) In carrying out their responsibilities under this compact, the FBI and each party state shall comply with III system rules, procedures, and standards duly established by the council concerning record dissemination and use, response times, data quality, system security, accuracy, privacy protection, and other aspects of III system operation.

(4) (a) Use of the III system for noncriminal justice purposes authorized in this compact must be managed so as not to diminish the level of services provided in support of criminal justice purposes.

(b) Administration of compact provisions may not reduce the level of service available to authorized noncriminal justice users on the effective date of this compact.

Article IV. Authorized Record Disclosures

(1) To the extent authorized by section 552a of Title 5, United States Code (commonly known as the Privacy Act of 1974), the FBI shall provide on request criminal history records, excluding sealed record information, to state criminal history record repositories for noncriminal justice purposes allowed by federal statute, federal executive order, or a state statute that has been approved by the attorney general to ensure that the state statute explicitly authorizes national indices checks.

(2) The FBI, to the extent authorized by section 552a of Title 5, United States Code (commonly known as the Privacy Act of 1974), and state criminal history record repositories shall provide criminal history records, excluding sealed record information, to criminal justice agencies and other governmental or nongovernmental agencies for noncriminal justice purposes allowed by federal statute, federal executive order, or a state statute that has been approved by the attorney general to ensure that the state statute explicitly authorizes national indices checks.

(3) Any record obtained under this compact may be used only for the official purposes for which the record was requested. Each compact officer shall establish procedures, consistent with this compact and with rules, procedures, and standards established by the council under Article VI, which procedures shall protect the accuracy and privacy of the records and shall:

(a) ensure that records obtained under this compact are used only by authorized officials for authorized purposes;

(b) require that subsequent record checks are requested to obtain current information whenever a new need arises; and

(c) ensure that record entries that may not legally be used for a particular noncriminal justice purpose are deleted from the response and, if no information authorized for release remains, an appropriate "no record" response is communicated to the requesting official.

Article V. Record Request Procedures

(1) Subject fingerprints or other approved forms of positive identification must be submitted with all requests for criminal history record checks for noncriminal justice purposes.

(2) Each request for a criminal history record check utilizing the national indices made under any approved state statute must be submitted through that state's criminal history record repository. A state criminal history record repository shall process an interstate request for noncriminal justice purposes through the national indices only if the request is transmitted through another state criminal history record repository or the FBI.

(3) Each request for criminal history record checks utilizing the national indices made under federal authority must be submitted through the FBI or, if the state criminal history record repository consents to process fingerprint submissions, through the criminal history record repository in the state in which the request originated. Direct access to the national identification index by entities other than the FBI and state criminal history records repositories may not be permitted for noncriminal justice purposes.

(4) A state criminal history record repository or the FBI:

(a) may charge a fee, in accordance with applicable law, for handling a request involving fingerprint processing for noncriminal justice purposes; and

(b) may not charge a fee for providing criminal history records in response to an electronic request for a record that does not involve a request to process fingerprints.

(5) (a) If a state criminal history record repository cannot positively identify the subject of a record request made for noncriminal justice purposes, the request, together with fingerprints or other approved identifying information, must be forwarded to the FBI for a search of the national indices.

(b) If, with respect to a request forwarded by a state criminal history record repository under subsection (5)(a), the FBI positively identifies the subject as having a III system-indexed record or records:

(i) the FBI shall so advise the state criminal history record repository; and

(ii) the state criminal history record repository is entitled to obtain the additional criminal history record information from the FBI or other state criminal history record repositories.

Article VI. Establishment Of Compact Council

(1) (a) There is established a council to be known as the compact council, which has the authority to promulgate rules and procedures governing the use of the III system for noncriminal justice purposes, not to conflict with FBI administration of the III system for criminal justice purposes.

(b) The council shall:

(i) continue in existence as long as this compact remains in effect;

(ii) be located, for administrative purposes, within the FBI; and

(iii) be organized and hold its first meeting as soon as practicable after the effective date of this compact.

(2) The council must be composed of 15 members, each of whom must be appointed by the attorney general, as follows:

(a) nine members, each of whom shall serve a 2-year term, who must be selected from among the compact officers of party states based on the recommendation of the compact officers of all party states, except that in the absence of the requisite number of compact officers available to serve, the chief administrators of the criminal history record repositories of nonparty states must be eligible to serve on an interim basis;

(b) two at-large members, nominated by the director of the FBI, each of whom shall serve a 3-year term, of whom:

(i) one must be a representative of the criminal justice agencies of the federal government and may not be an employee of the FBI; and

(ii) one must be a representative of the noncriminal justice agencies of the federal government;

(c) two at-large members, nominated by the chairman of the council once the chairman is elected pursuant to subsection (3) of this Article VI, each of whom shall serve a 3-year term, of whom:

(i) one must be a representative of state or local criminal justice agencies; and

(ii) one must be a representative of state or local noncriminal justice agencies;

(d) one member who shall serve a 3-year term and who shall simultaneously be a member of the FBI's advisory policy board on criminal justice information services, nominated by the membership of that policy board;

(e) one member, nominated by the director of the FBI, who shall serve a 3-year term and who must be an employee of the FBI.

(3) (a) From its membership, the council shall elect a chairman and a vice chairman of the council. Both the chairman and vice chairman of the council:

(i) must be a compact officer, unless there is no compact officer on the council who is willing to serve, in which case the chairman may be an at-large member; and

(ii) shall serve 2-year terms and may be reelected to only one additional 2-year term.

(b) The vice chairman of the council shall serve as the chairman of the council in the absence of the chairman.

(4) (a) The council shall meet at least once each year at the call of the chairman. Each meeting of the council must be open to the public. The council shall provide prior public notice in the federal register of each meeting of the council, including the matters to be addressed at the meeting.

(b) A majority of the council or any committee of the council shall constitute a quorum of the council or of a committee, respectively, for the conduct of business. A lesser number may meet to hold hearings, take testimony, or conduct any business not requiring a vote.

(5) The council shall make available for public inspection and copying at the council office within the FBI and shall publish in the federal register any rules, procedures, or standards established by the council.

(6) The council may request from the FBI reports, studies, statistics, or other information or materials that the council determines to be necessary to enable the council to perform its duties under this compact. The FBI, to the extent authorized by law, may provide assistance or information upon a request.

(7) The chairman may establish committees as necessary to carry out this compact and may prescribe their membership, responsibilities, and duration.

Article VII. Ratification of Compact

This compact takes effect upon being entered into by two or more states as between those states and the federal government. When additional states subsequently enter into this compact, it becomes effective among those states and the federal government and each party state that has previously ratified it. When ratified, this compact has the full force and effect of law within the ratifying jurisdictions. The form of ratification must be in accordance with the laws of the executing state.

Article VIII. Miscellaneous Provisions

(1) Administration of this compact may not interfere with the management and control of the director of the FBI over the FBI's collection and dissemination of criminal history records and the advisory function of the FBI's advisory policy board chartered under the Federal Advisory Committee Act (5 U.S.C. App.) for all purposes other than noncriminal justice.

(2) Nothing in this compact may require the FBI to obligate or expend funds beyond those appropriated to the FBI.

(3) Nothing in this compact may diminish or lessen the obligations, responsibilities, and authorities of any state, whether a party state or a nonparty state, or of any criminal history record repository or other subdivision or component thereof, under the Departments of State, Justice, and Commerce, the Judiciary, and Related Agencies Appropriation Act, 1973 (Public Law 92-544), or regulations and guidelines promulgated thereunder, including the rules and procedures promulgated by the council under Article VI(1), regarding the use and dissemination of criminal history records and information.

Article IX. Renunciation

(1) This compact shall bind each party state until renounced by the party state.

(2) Any renunciation of this compact by a party state must:

(a) be effected in the same manner by which the party state ratified this compact; and

(b) become effective 180 days after written notice of renunciation is provided by the party state to each other party state and to the federal government.

Article X. Severability

The provisions of this compact must be severable. If any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any participating state or to the Constitution of the United States or if the applicability of any phrase, clause, sentence, or provision of this compact to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact and the applicability of the remainder of the compact to any government, agency, person, or circumstance may not be affected by the severability. If a portion of this compact is held contrary to the constitution of any party state, all other portions of this compact must remain in full force and effect as to the remaining party states and in full force and effect as to the party state affected, as to all other provisions.

Article XI. Adjudication of Disputes

(1) The council:

(a) has initial authority to make determinations with respect to any dispute regarding:

(i) interpretation of this compact;

(ii) any rule or standard established by the council pursuant to Article VI; and

(iii) any dispute or controversy between any parties to this compact; and

(b) shall hold a hearing concerning any dispute described in subsection (1)(a) at a regularly scheduled meeting of the council and only render a decision based upon a majority vote of the members of the council. The decision must be published pursuant to the requirements of Article VI(5).

(2) The FBI shall exercise immediate and necessary action to preserve the integrity of the III system, to maintain system policy and standards, to protect the accuracy and privacy of records, and to prevent abuses until the council holds a hearing on the matters.

(3) The FBI or a party state may appeal any decision of the council to the attorney general and after that appeal may file suit in the appropriate district court of the United States that has original jurisdiction of all cases or controversies arising under this compact. Any suit arising under this compact and initiated in a state court must be removed to the appropriate district court of the United States in the manner provided by section 1446 of Title 28, United States Code, or other statutory authority.
Mont. Code Ann. § 44-2-202 — MT Code / Title 44 / Chapter 2 / Part 2 / Section 44-2-202
44-2-202 Assistance to and instruction of local officers
Status: in_force

44-2-202 . Assistance to and instruction of local officers. The department shall assist and, when practicable, instruct sheriffs, chiefs of police, and other law enforcement officers in establishing efficient local bureaus of identification in their districts and in making them proficient in procuring and maintaining fingerprint records.
Mont. Code Ann. § 44-1-1102 — MT Code / Title 44 / Chapter 1 / Part 11 / Section 44-1-1102
44-1-1102 Procedure when patrol officer accepts bail or driver's license in lieu of bail
Status: in_force

44-1-1102 . Procedure when patrol officer accepts bail or driver's license in lieu of bail. (1) If the patrol officer accepts bail, the patrol officer shall give a signed receipt to the offender, setting forth the amount received. The patrol officer shall then deliver the bail money to the justice of the peace before whom the offender is to appear, and the justice of the peace shall give a receipt to the patrol officer for the amount of bail money delivered. After the filing of the complaint and the appearance of the defendant, the justice of the peace shall assume jurisdiction and may set and accept further bail bond.

(2) If the patrol officer accepts an unexpired driver's license in lieu of bail, the patrol officer shall give the offender a signed driving permit, in a form prescribed by the department. The permit must acknowledge the officer's acceptance of the offender's driver's license and serves as a valid temporary driving permit authorizing the operation of a motor vehicle by the offender. The permit is effective as of the date the permit is signed and remains in effect through the date of the appearance listed on the permit. The patrol officer shall deliver the driver's license to the justice of the peace before whom the offender is to appear, and the justice of the peace shall give a receipt to the patrol officer acknowledging delivery of the offender's driver's license to the court. After the filing of the complaint and the appearance of the defendant, the justice of the peace shall assume jurisdiction and may extend the date of the driving permit for a period up to 6 months from the defendant's initial appearance date.

(3) The justice of the peace shall return a driver's license that has been accepted in lieu of bail to a defendant:

(a) after the required bail has been posted or there has been a final determination of the charge; and

(b) if the defendant pleaded guilty or was convicted, after a $25 administrative fee has been paid to the court.
Mont. Code Ann. § 44-5-104 — MT Code / Title 44 / Chapter 5 / Part 1 / Section 44-5-104
44-5-104 Relationship to other statutes
Status: in_force

44-5-104 . Relationship to other statutes. 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, which applies only when information may be disclosed consistent with such laws.
Mont. Code Ann. § 44-10-302 — MT Code / Title 44 / Chapter 10 / Part 3 / Section 44-10-302
44-10-302 Retention of employment rights
Status: in_force

44-10-302 . Retention of employment rights. 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 attendance at the academy.
Mont. Code Ann. § 44-2-506 — MT Code / Title 44 / Chapter 2 / Part 5 / Section 44-2-506
44-2-506 List of missing Montana school children
Status: in_force

44-2-506 . List of missing Montana school children. (1) The superintendent of public instruction shall assist the missing children information program provided for in 44-2-503 in identifying and locating missing children who are enrolled in Montana public school districts in kindergarten through grade 12 by:

(a) collecting each month a list of missing Montana school children as provided by the missing children information program provided for in 44-2-503 ;

(b) distributing the list of missing school children on a monthly basis, unless the list has no change from the previous month's information, to all school districts admitting children to kindergarten through grade 12;

(c) designing the list to include pertinent available information for identification of the missing school child, including a directory photograph of the child if available pursuant to 20-7-1317 ; and

(d) notifying the appropriate law enforcement agency and the missing children information program as soon as any additional information is obtained or contact is made with respect to a missing school child.

(2) Each school district in Montana shall:

(a) distribute to each school building within the district the list of missing school children provided for in subsection (1); and

(b) notify the appropriate law enforcement agency at the earliest known contact with any child whose name appears on the list of missing school children.
Mont. Code Ann. § 44-7-405 — MT Code / Title 44 / Chapter 7 / Part 4 / Section 44-7-405
44-7-405 Authorized services of programs
Status: in_force

44-7-405 . Authorized services of programs. (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

(d) educational programs relating to domestic violence designed for both the community at large and specialized groups such as hospital personnel and law enforcement officials.

(2) The services authorized in subsection (1) may be provided on a regional basis by a local domestic violence program if authorized by the board of crime control according to regional boundaries established by the board.
Mont. Code Ann. § 44-5-402 — MT Code / Title 44 / Chapter 5 / Part 4 / Section 44-5-402
44-5-402 Automated equipment
Status: in_force

44-5-402 . Automated equipment. 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 the criminal justice information system to prevent unauthorized inquiry, modification, or destruction of criminal justice information in conformity with the current federal regulations in 28 CFR section 20.21(f) or any amendment thereto.
Mont. Code Ann. § 44-5-306 — MT Code / Title 44 / Chapter 5 / Part 3 / Section 44-5-306
44-5-306 Criminal history record information account
Status: in_force

44-5-306 . Criminal history record information account. (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 information.
Mont. Code Ann. § 44-1-901 — MT Code / Title 44 / Chapter 1 / Part 9 / Section 44-1-901
44-1-901 Right to appeal
Status: in_force

44-1-901 . Right to appeal. (1) A patrol officer who is suspended, demoted, or discharged has a right of appeal:

(a) to the district court in the county in which the claim arose or to the district court of Lewis and Clark County; or

(b) pursuant to the terms of a grievance procedure contained in a collective bargaining agreement if the officer is covered by a collective bargaining agreement.

(2) The appeal to the district court must be made within 10 days after the decision or determination of the department of justice.
Mont. Code Ann. § 44-4-1501 — MT Code / Title 44 / Chapter 4 / Part 15 / Section 44-4-1501
44-4-1501 Human trafficking hotline -- creation of poster -- rulemaking
Status: in_force

44-4-1501 . Human trafficking hotline -- creation of poster -- rulemaking. (1) (a) The department of justice shall create a poster that provides information regarding the national human trafficking resource center hotline. The poster must be at least 8 1/2 inches by 11 inches in size, must include, if available, a quick response code that is provided by the national human trafficking resource center for access by mobile devices, and must include the following statement: "If you or someone you know is being forced to engage in any activity and cannot leave--whether it is commercial sex, housework, farm work, or any other activity--call the National Human Trafficking Resource Center Hotline at 1-888-373-7888 to access help and services.

Victims of human trafficking are protected under U.S. and Montana law.

The toll-free hotline is:

- Available 24 hours a day, 7 days a week;

- Toll-free;

- Operated by a nonprofit, nongovernmental organization;

- Anonymous and confidential;

- Accessible in 170 languages; and

- Able to provide help, referral to services, training, and general information."

(b) The statement provided in subsection (1)(a) must appear on each poster in English, Spanish, and any other language that is required for voting materials under the federal Voting Rights Act, 52 U.S.C. 10503.

(2) (a) The department of justice shall provide a copy of the poster to persons and entities that the department of justice determines by rule should receive the poster.

(b) The department shall make a copy of the poster available for print on its website.

(3) The department of justice shall request that any person or entity receiving a copy of the poster display the poster in a location that is accessible to employees and members of the public.
Mont. Code Ann. § 44-1-808 — MT Code / Title 44 / Chapter 1 / Part 8 / Section 44-1-808
44-1-808 Demotion pay status
Status: in_force

44-1-808 . Demotion pay status. In cases of disciplinary action resulting in demotion, the member must receive the pay of the rank to which the member is demoted.
Mont. Code Ann. § 44-2-503 — MT Code / Title 44 / Chapter 2 / Part 5 / Section 44-2-503
44-2-503 Missing children information program
Status: in_force

44-2-503 . Missing children information program. (1) The department of justice shall establish a missing children information program to create a central repository to aid in the location of missing children in Montana.

(2) The missing children information program shall:

(a) establish a system of intrastate communication of information relating to any child determined to be missing by the parent, guardian, or legal custodian of the child or by a law enforcement authority;

(b) provide a centralized file for the exchange of information on missing children within the state, including information obtained under the provisions of 44-2-401 ;

(c) interface with the national crime information center computer system for exchange of information on children suspected of interstate travel; and

(d) provide the superintendent of public instruction each month with a list of missing Montana school children for the purposes of 44-2-506 .
Mont. Code Ann. § 44-5-101 — MT Code / Title 44 / Chapter 5 / Part 1 / Section 44-5-101
44-5-101 Short title
Status: in_force

44-5-101 . Short title. This chapter may be cited as the "Montana Criminal Justice Information Act of 1979".
Mont. Code Ann. § 44-6-110 — MT Code / Title 44 / Chapter 6 / Part 1 / Section 44-6-110
44-6-110 Rulemaking authority
Status: in_force

44-6-110 . Rulemaking authority. 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 contact with the samples.
Mont. Code Ann. § 44-2-413 — MT Code / Title 44 / Chapter 2 / Part 4 / Section 44-2-413
44-2-413 Looping in native communities network state special revenue account
Status: in_force

44-2-413 . (Temporary) Looping in native communities network state special revenue account. There is a looping in native communities network account within the state special revenue fund established in 17-2-102 . The purpose of the account is to provide matching funds to tribal agencies to implement the looping in native communities network. The account is administered by the department of justice. (Terminates June 30, 2033--sec. 2, Ch. 624, L. 2023, sec. 3, Ch. 624, L. 2023.)
Mont. Code Ann. § 44-1-514 — MT Code / Title 44 / Chapter 1 / Part 5 / Section 44-1-514
44-1-514 Discontinuation of salary benefit when retirement allowance granted
Status: in_force

44-1-514 . Discontinuation of salary benefit when retirement allowance granted. Payment of a salary benefit under 44-1-511 shall be discontinued if the injured officer is disabled for an indefinite period and is granted a disability retirement allowance under Title 19, chapter 6. If an officer is indefinitely disabled and does not apply for a disability retirement allowance, application therefor may be made by the chief.
Mont. Code Ann. § 44-5-403 — MT Code / Title 44 / Chapter 5 / Part 4 / Section 44-5-403
44-5-403 Computer programming
Status: in_force

44-5-403 . Computer programming. 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 justice information system;

(2) the assignment of a unique identification number to each authorized terminal operator, which number must be used to gain access to the files;

(3) the maintenance of a record of each inquiry to identify the inquiring agency, the program used to make the inquiry, the date of the inquiry, and the name of the file being queried;

(4) computer programming controls to ensure that each terminal user can obtain only that information which the user is authorized to use;

(5) creation and use of a safe place for storage of duplicate computer files;

(6) built-in program controls to ensure that each terminal is limited to the appropriate or authorized information that can be input, modified, or canceled from it;

(7) destruction or safeguarding of system documentation and data input forms; and

(8) creation of reports to provide for an audit trail and periodic review of file accessed, modifications, and deletions. All criminal justice intelligence information shall be identified as such.
Mont. Code Ann. § 44-2-301 — MT Code / Title 44 / Chapter 2 / Part 3 / Section 44-2-301
44-2-301 Establishment -- inclusion of other state agencies
Status: in_force

44-2-301 . Establishment -- inclusion of other state agencies. (1) The attorney general is authorized to establish a criminal justice information network for the purpose of connecting federal, state, county, and city law enforcement agencies. The attorney general may bring into the network, if the parties desire, any department of Montana state government or its subdivisions outside of law enforcement activities when, in the opinion of the attorney general and the state department or subdivision, the inclusion will materially aid the law enforcement agencies of the state of Montana or its subdivisions in the fight against crime.

(2) As used in this part, "criminal justice information network" means a telecommunications network used exclusively for the purpose of information exchange among the state's law enforcement agencies as provided in Title 44, chapter 5.
Mont. Code Ann. § 44-1-601 — MT Code / Title 44 / Chapter 1 / Part 6 / Section 44-1-601
44-1-601 Probationary training and service -- patrol officers
Status: in_force

44-1-601 . Probationary training and service -- patrol officers. A new patrol officer shall be placed under probationary training and service for a period of 6 months to 1 year. If the chief fails to recommend a permanent appointment by the end of the probationary period, the probationary patrol officer will automatically be discharged.
Mont. Code Ann. § 44-12-208 — MT Code / Title 44 / Chapter 12 / Part 2 / Section 44-12-208
44-12-208 Notice of seized property -- itemized receipt -- charging document
Status: in_force

44-12-208 . Notice of seized property -- itemized receipt -- charging document. (1) Upon seizure of property, a peace officer shall:

(a) provide an itemized receipt of seized property pursuant to 44-12-103 ; and

(b) notify all persons known to have an interest in the property in the same manner as provided in 44-12-210 (2).

(2) Property subject to forfeiture pursuant to 44-12-102 must be identified in the charging document filed by the prosecutor for the criminal offense providing for forfeiture of property upon conviction. The charging document must specify the time and place of the alleged violation, identify the property, and particularly describe the property's use in connection with the criminal offense.
Mont. Code Ann. § 44-2-311 — MT Code / Title 44 / Chapter 2 / Part 3 / Section 44-2-311
44-2-311 Participation by local and other agencies
Status: in_force

44-2-311 . Participation by local and other agencies. Any county, city, or other law enforcement agency may, with the approval of the attorney general, connect to the criminal justice information network and participate in it upon payment of or agreement to pay the costs established by the department of justice.
Mont. Code Ann. § 44-11-304 — MT Code / Title 44 / Chapter 11 / Part 3 / Section 44-11-304
44-11-304 Authorization to enter agreement -- general content -- authority of peace officer
Status: in_force

44-11-304 . Authorization to enter agreement -- general content -- authority of peace officer. (1) Any one or more law enforcement agencies of this state may enter into a mutual aid agreement with any one or more law enforcement agencies of any other state or the United States to provide the law enforcement or emergency services that all of the parties are authorized by law to perform. If required by applicable law, the agreement must be authorized and approved by the governing body of each party to the agreement.

(2) The agreement must fully set forth the powers, rights, and obligations of the parties to the agreement.

(3) Subject to 44-11-308 , a mutual aid agreement may grant a peace officer of any party law enforcement agency acting within the territorial jurisdiction of any other party law enforcement agency authority to act as if the officer were an appointed and qualified peace officer of the law enforcement agency the officer is assisting.
Mont. Code Ann. § 44-5-301 — MT Code / Title 44 / Chapter 5 / Part 3 / Section 44-5-301
44-5-301 Dissemination of public criminal justice information
Status: in_force

44-5-301 . Dissemination of public criminal justice information. (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 according to applicable law. These documents must be open, subject to the restrictions in this section, during the normal business hours of the agency. A reasonable charge may be made by a criminal justice agency for providing a copy of public criminal justice information.

(b) (i) A criminal justice agency shall charge a clerking fee of $100 for the release of a booking photograph prior to the termination of criminal proceedings against the individual depicted in the photograph. This fee may be waived in the case of extenuating circumstances.

(ii) If a person is convicted of an offense related to the arrest for which the booking photograph was taken, the criminal justice agency may not charge a clerking fee for the release of the booking photograph.
Mont. Code Ann. § 44-4-103 — MT Code / Title 44 / Chapter 4 / Part 1 / Section 44-4-103
44-4-103 Functions
Status: in_force

44-4-103 . Functions. The training coordinator shall perform the functions assigned by the attorney general. The functions may include but are not limited to the following:

(1) providing local training in current aspects of the criminal law for county attorneys, city attorneys, and other law enforcement personnel. The training coordinator may require payment by city attorneys of a fee commensurate with the cost of the training.

(2) assisting in developing and disseminating standards, procedures, and policies which will insure that criminal laws are applied consistently and uniformly throughout Montana;

(3) consolidating present and past information on important aspects of the criminal law and providing a pool of official opinions, legal briefs, and other relevant criminal law information;

(4) providing assistance with research, briefs, or other technical services requested by a county attorney or law enforcement official;

(5) applying for and disbursing federal funds available to aid the prosecutorial function; and

(6) as provided in 44-4-111 , acting as special counsel.
Mont. Code Ann. § 44-3-201 — MT Code / Title 44 / Chapter 3 / Part 2 / Section 44-3-201
44-3-201 State chief medical examiner
Status: in_force

44-3-201 . State chief medical examiner. A state chief medical examiner must be appointed by and serves at the pleasure of the attorney general. The state chief medical examiner must be a physician licensed to practice medicine in Montana and must be board-certified in forensic pathology. Once appointed, the state chief medical examiner is supervised by the director of the laboratory of criminalistics. Medical examiners must be free from undue personal, professional, or political influences as they objectively pursue and report the facts and opinions of their death investigations.
Mont. Code Ann. § 44-5-404 — MT Code / Title 44 / Chapter 5 / Part 4 / Section 44-5-404
44-5-404 Manual equipment
Status: in_force

44-5-404 . Manual equipment. 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 each external inquiry to reflect the identity of the inquirer, the date of inquiry, and the name of the files being queried.
Mont. Code Ann. § 44-4-206 — MT Code / Title 44 / Chapter 4 / Part 2 / Section 44-4-206
44-4-206 Revocation
Status: in_force

44-4-206 . Revocation. 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.
Mont. Code Ann. § 44-10-301 — MT Code / Title 44 / Chapter 10 / Part 3 / Section 44-10-301
44-10-301 Eligibility
Status: in_force

44-10-301 . Eligibility. 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.
Mont. Code Ann. § 44-3-301 — MT Code / Title 44 / Chapter 3 / Part 3 / Section 44-3-301
44-3-301 Laboratory of criminalistics
Status: in_force

44-3-301 . Laboratory of criminalistics. (1) There is a laboratory of criminalistics within the department of justice. The laboratory's purpose is to perform analysis of specimens submitted by all Montana state, county, or city law enforcement officers and all state agencies and referral specimens from other states if accepted by the laboratory director.

(2) The laboratory's functions include analysis of toxicologic and criminalistic specimens that the laboratory director considers within the performance capability of the laboratory.

(3) The laboratory shall establish a Yellowstone County branch. The laboratory director shall determine the purposes, duties, and functions of the Yellowstone County branch, but priority must be given to the relief of the backlogs of chemistry and toxicology statewide.
Mont. Code Ann. § 44-12-207 — MT Code / Title 44 / Chapter 12 / Part 2 / Section 44-12-207
44-12-207 Forfeiture of property for commission of criminal offense
Status: in_force

44-12-207 . Forfeiture of property for commission of criminal offense. (1) Except for controlled substances as provided in 44-12-104 , a court may not order forfeiture of real or personal property of any kind pursuant to this chapter, including money, vehicles and other conveyances, and tangible and intangible personal property, unless:

(a) the owner of the property has been convicted of a criminal offense;

(b) the criminal offense specifically provides for forfeiture of property upon conviction; and

(c) the property has been found by clear and convincing evidence to have been used in connection with or to constitute proceeds from the criminal offense.

(2) This section does not prohibit property from being forfeited pursuant to a plea agreement between the prosecutor and the defendant subject to notice to the court or the approval of the court.

(3) Subsection (1)(a) does not apply if the owner of the property dies, is deported, or is unknown or if the owner of the property flees after the prosecution is commenced and is not apprehended within 12 months after the prosecution is commenced. If the owner of the property appears or is apprehended within 12 months after the prosecution is commenced, the owner of the property shall pay a storage fee of $100 per month for each month the property is held.
Mont. Code Ann. § 44-4-904 — MT Code / Title 44 / Chapter 4 / Part 9 / Section 44-4-904
44-4-904 Responsibility of corporation
Status: in_force

44-4-904 . Responsibility of corporation. 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 corporation employing a special peace officer shall hold the state, its subdivisions, and the officers and employees of the state and its subdivisions harmless and indemnify them from any claim or liability, including costs and attorney fees, arising out of any action of a special peace officer or the certification of the special peace officer by the state.
Mont. Code Ann. § 44-2-115 — MT Code / Title 44 / Chapter 2 / Part 1 / Section 44-2-115
44-2-115 Powers and duties of agents -- definition
Status: in_force

44-2-115 . Powers and duties of agents -- definition. (1) An agent appointed by the attorney general pursuant to this part is a peace officer and:

(a) shall provide investigative assistance to city, county, state, and federal law enforcement agencies at their request in accordance with rules adopted by the department of justice;

(b) shall have concurrent jurisdiction with local law enforcement agencies to investigate offenses involving:

(i) dangerous drugs, as provided in Title 45, chapter 9;

(ii) violations that constitute organized criminal activity;

(iii) human trafficking, as defined in 45-5-701 ;

(iv) prostitution or patronizing a prostitute, as provided in 45-5-601 ; or

(v) internet crimes against children;

(c) shall investigate gambling activities in this state, as provided in 23-5-113 ;

(d) shall investigate any apparent violations of penal statutes disclosed by an audit of a state agency by the legislative auditor;

(e) shall investigate apparent violations of penal statutes referred by the state workers' compensation insurance fund; and

(f) shall assist whenever possible any law enforcement school held in the state for law enforcement officers when requested.

(2) For the purposes of this section, "internet crimes against children" means the use of an electronic device or electronic communication to commit or facilitate the commission of a crime against a child, including:

(a) sexual assault, as defined in 45-5-502 ;

(b) sexual intercourse without consent, as defined in 45-5-503 ;

(c) indecent exposure, as defined in 45-5-504 ;

(d) aggravated sexual intercourse without consent, as defined in 45-5-508 ;

(e) sexual abuse of children, as defined in 45-5-625 ;

(f) child sex trafficking, as defined in 45-5-711 ; and

(g) any other offense in which a person uses technology to commit or facilitate a crime against a child.
Mont. Code Ann. § 44-1-1101 — MT Code / Title 44 / Chapter 1 / Part 11 / Section 44-1-1101
44-1-1101 Duty of patrol officer upon making arrest
Status: in_force

44-1-1101 . Duty of patrol officer upon making arrest. Upon making an arrest, a patrol officer shall:

(1) deliver the offender to the nearest justice of the peace during office hours or to the county jail;

(2) give the offender a summons describing the nature of the offense with instructions for the offender to report to the nearest justice of the peace; or

(3) (a) accept bail determined pursuant to Title 46, chapter 9, part 3; or

(b) with the offender's permission, accept the offender's driver's license in lieu of bail if the summons describes a violation of any offense in Title 61, chapters 3 through 10, except chapter 8, part 4, and if the offender is the holder of an unexpired driver's license.
Mont. Code Ann. § 44-1-516 — MT Code / Title 44 / Chapter 1 / Part 5 / Section 44-1-516
44-1-516 Effect on probationary status
Status: in_force

44-1-516 . Effect on probationary status. If the injured officer is on probationary status at the time the officer becomes injured, the balance of the officer's probationary time must be suspended until the officer returns to regular duty or is discharged for cause.
Mont. Code Ann. § 44-7-110 — MT Code / Title 44 / Chapter 7 / Part 1 / Section 44-7-110
44-7-110 Crisis intervention team training program -- rulemaking
Status: in_force

44-7-110 . Crisis intervention team training program -- rulemaking. (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 safely and effectively to incidents that involve an individual who is experiencing a behavioral health crisis. The board shall collaborate with the department of public health and human services to prevent duplication of efforts and coordinate the monitoring and reporting of crisis intervention team training program outcomes.

(2) Nonprofit law enforcement organizations, nonprofit organizations, and local governments, including tribal governments, are eligible to receive grant funding. Grant funds must be used to help law enforcement, advocacy, mental health, and community providers to:

(a) provide specialized training to law enforcement officers to help officers recognize and properly respond to individuals with a mental illness or behavioral health problem, including strategies for verbal de-escalation and crisis intervention techniques;

(b) best utilize or establish collaborative programs that enhance the ability of law enforcement agencies to coordinate with community-based service providers to address the behavioral health problems of individuals typically encountered by law enforcement officers in the line of duty; and

(c) provide or coordinate statewide and community-based training programs to develop best practices and standards.

(3) In administering the crisis intervention team training program, the board shall:

(a) collaborate with the department of public health and human services to ensure coordination of statewide and community-based crisis intervention team training programs and development of associated best practices and standards;

(b) identify and disseminate data and technical assistance to local law enforcement and to community stakeholders on established national and international best practices or develop statewide best practices for community-based law enforcement responses to individuals experiencing a behavioral health crisis;

(c) identify priorities for funding services, activities, and criteria for the receipt of program funds, including that the training offered should incorporate the best practices identified or developed by the board in conjunction with stakeholders;

(d) monitor the expenditure of funds by organizations receiving funds under this section;

(e) evaluate the effectiveness of services and activities under this section;

(f) adopt rules as needed to implement this section; and

(g) to the extent practicable, coordinate with existing statewide organizations and other state agencies that identify best practices, develop training models, and collect data to avoid duplication of efforts.

(4) The board shall report, in accordance with 5-11-210 , on the status of the program to the law and justice interim committee by September 15 of each even-numbered year.

(5) (a) Funds available under subsection (1) consist of state appropriations and federal funds received by the board for the purposes of administering and supporting the crisis intervention team training program or any funds received pursuant to subsection (5)(b). The board shall actively seek federal grant money that may be used for the purposes of this section.

(b) The board may accept gifts, grants, and donations from other public or private sources, which must be used within the scope of this section.

(c) The board may utilize up to 10% of funds appropriated for costs incurred to administer the program.
Mont. Code Ann. § 44-6-103 — MT Code / Title 44 / Chapter 6 / Part 1 / Section 44-6-103
44-6-103 Collection of samples and maintenance of data
Status: in_force

44-6-103 . Collection of samples and maintenance of data. (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 violent offender under 46-23-504 , or an adult offender convicted in another state and sentenced to death or imprisonment for more than 1 year who is subject to supervision by the department of corrections pursuant to the Interstate Compact for Adult Offender Supervision provided for in 46-23-1115 shall provide a biological sample for DNA analysis to determine identification characteristics specific to the person. The sample must be provided to the department of corrections if the person is incarcerated in a facility administered by the department of corrections. If the person is not incarcerated in a facility administered by the department of corrections, the sample must be provided to a person or entity designated by the county sheriff.

(2) The biological sample must be collected, stored, and sent by the department of corrections or the person or entity designated by the county sheriff under subsection (1) to the department for entry in the DNA identification index in accordance with rules adopted by the department with the advice of the department of public health and human services.

(3) The offender is responsible, if able to pay, for the cost of the collection of the sample. The fees charged for the collection may not exceed the actual costs of collection.

(4) The forensic DNA laboratory may perform DNA analysis only for those markers that have value for law enforcement identification purposes.

(5) The knowing refusal or failure to provide a biological sample under this part is grounds for revocation of a suspended or deferred imposition of sentence.
Mont. Code Ann. § 44-1-703 — MT Code / Title 44 / Chapter 1 / Part 7 / Section 44-1-703
44-1-703 When charges dismissed
Status: in_force

44-1-703 . When charges dismissed. When charges are filed and the department of justice believes such charge or charges do not constitute grounds for suspension, demotion, or discharge, it shall dismiss such charges.
Mont. Code Ann. § 44-1-803 — MT Code / Title 44 / Chapter 1 / Part 8 / Section 44-1-803
44-1-803 Rights of accused
Status: in_force

44-1-803 . Rights of accused. The accused patrol officer is entitled to be confronted with the witnesses against the officer and to have an opportunity to cross-examine the witnesses and to introduce at the disciplinary hearing testimony in the officer's own behalf. The officer is entitled to be represented by counsel, at the officer's own expense, at the hearing.
Mont. Code Ann. § 44-4-1702 — MT Code / Title 44 / Chapter 4 / Part 17 / Section 44-4-1702
44-4-1702 Sexual assault response network program -- establish -- general powers and duties
Status: in_force

44-4-1702 . Sexual assault response network program -- establish -- general powers and duties. (1) The sexual assault response network program established under 2-15-2034 will support efforts to provide uniform sexual assault evidence kit distribution and handling, coordinate a comprehensive, trauma-informed response to survivors of sexual violence, provide discipline-based training and technical assistance for sexual assault responders in accordance with national and state best practices and local laws, and advance access to quality sexual assault forensic examinations and care through teleSANE innovations.

(2) The department of justice shall adopt rules to establish:

(a) minimum standards of sexual assault care;

(b) minimum standards to operate a SANE program; and

(c) the operation and designation of SANE programs.

(3) The program's powers and duties include but are not limited to:

(a) coordinating with the sexual assault response team committee;

(b) conducting ongoing adult, adolescent, and pediatric didactic and clinical sexual assault nurse examiner training for medical professionals;

(c) recruiting and organizing sexual assault nurse examiner trainers to increase in-state training capacity;

(d) researching teleSANE models and technological solutions to increase access to sexual assault forensic examinations and sexual assault nurse examiner care;

(e) providing quality, accessible sexual assault response training and technical assistance for law enforcement, prosecution, victim advocates, and other relevant professionals;

(f) organizing the development of community sexual assault response teams;

(g) promoting public education and awareness of sexual violence prevention, available services, and care;

(h) maintaining the statewide sexual assault evidence kit tracking system provided for in 46-15-405 ;

(i) maintaining the department of justice sexual assault evidence kit hotline; and

(j) coordinating statewide sexual assault evidence kit inventory, materials, and distribution, including making sexual assault evidence kit resources available online.

(4) The department of justice may collaborate with other persons, victim service providers, health care facilities, the Montana hospital association, the Montana nurses association, the Montana coalition against domestic and sexual violence, the Montana sheriffs and peace officers association, the Montana association of chiefs of police, the Montana county attorneys' association, law enforcement agencies, and other government agencies to execute its general powers and duties under this section.
Mont. Code Ann. § 44-11-305 — MT Code / Title 44 / Chapter 11 / Part 3 / Section 44-11-305
44-11-305 Detailed content of agreement
Status: in_force

44-11-305 . Detailed content of agreement. The agreement authorized by 44-11-304 must specify the following:

(1) its duration;

(2) the precise organization, composition, and nature of any separate legal entity created thereby;

(3) the purpose of the agreement;

(4) the manner of financing the agreement and establishing and maintaining a budget therefor;

(5) the method to be employed in accomplishing the partial or complete termination of the agreement and for disposing of property upon such partial or complete termination;

(6) provision for administering the agreement, which may include creation of a joint board responsible for such administration;

(7) the manner of acquiring, holding, and disposing of real and personal property used in the agreement;

(8) the minimum standards for law enforcement personnel implementing the provisions of the agreement;

(9) the respective liability of each party to the agreement for the actions of law enforcement officers when acting under the provisions of the agreement;

(10) the minimum insurance required of each party to the agreement;

(11) the exact chain of command or delegation of authority to be followed by law enforcement officials acting under the provisions of the agreement;

(12) the precise enforcement authority that the peace officers of each party law enforcement agency may exercise; and

(13) any other necessary and proper matters.
Mont. Code Ann. § 44-15-111 — MT Code / Title 44 / Chapter 15 / Part 1 / Section 44-15-111
44-15-111 Audit -- reporting
Status: in_force

44-15-111 . Audit -- reporting. (1) The criminal intelligence information section shall adopt an audit process to ensure that facial recognition technology is only used for legitimate law enforcement purposes, including audits of uses or requests made by law enforcement agencies.

(2) By June 30 of each year, a local law enforcement agency that utilized facial recognition technology shall submit a report to the criminal intelligence information section established in 44-5-501 containing all of the following information based on data from the previous calendar year:

(a) the number of facial recognition searches run;

(b) the offenses that the searches were used to investigate; and

(c) the number of arrests and convictions that resulted from the searches.

(3) By September 1 of each year, in accordance with 5-11-210 , the department of justice shall submit a report to the economic affairs interim committee and the law and justice interim committee containing all the following information based on data from the previous calendar year:

(a) the information submitted to the department of justice pursuant to subsection (2);

(b) the names of the law enforcement agencies and other entities requesting facial recognition services;

(c) the number of searches run;

(d) the offenses that the searches were used to investigate; and

(e) the number of arrests and convictions that resulted from the searches.

(4) (a) By June 30 of each year, a third-party vendor providing facial recognition services to a state agency because of a contract under 44-15-108 shall submit a report to the state agency containing all the following information based on data from the previous calendar year:

(i) the number of warrants, subpoenas, or court orders received requesting facial recognition services; and

(ii) a summary of an audit completed by the third-party vendor.

(b) The state agency receiving the report from the third-party vendor shall submit a copy of the report to the economic affairs interim committee, the law and justice interim committee, and the information technology board created in 2-15-1021 , by September 1 of each year, in accordance with 5-11-210 .
Mont. Code Ann. § 44-5-103 — MT Code / Title 44 / Chapter 5 / Part 1 / Section 44-5-103
44-5-103 Definitions
Status: in_force

44-5-103 . Definitions. 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 any of the following activities: detection, apprehension, detention, pretrial release, posttrial release, prosecution, adjudication, correctional supervision, or rehabilitation of accused persons or criminal offenders. It includes criminal identification activities and the collection, storage, and dissemination of criminal justice information.

(3) "Confidential criminal justice information" means:

(a) criminal investigative information;

(b) criminal intelligence information;

(c) fingerprints and investigative or intelligence photographs;

(d) criminal justice information or records made confidential by law; and

(e) any other criminal justice information not clearly defined as public criminal justice information.

(4) (a) "Criminal history record information" means information about individuals collected by criminal justice agencies consisting of identifiable descriptions and notations of arrests; detentions; the filing of complaints, indictments, or informations and dispositions arising from complaints, indictments, or informations; sentences; correctional status; and release. It includes identification information, such as fingerprint records or photographs, unless the information is obtained for purposes other than the administration of criminal justice.

(b) Criminal history record information does not include:

(i) records of traffic offenses maintained by the department of justice; or

(ii) court records.

(5) (a) "Criminal intelligence information" means information associated with an identifiable individual, group, organization, or event compiled by a criminal justice agency:

(i) in the course of conducting an investigation relating to a major criminal conspiracy, projecting potential criminal operation, or producing an estimate of future major criminal activities; or

(ii) in relation to the reliability of information, including information derived from reports of informants or investigators or from any type of surveillance.

(b) Criminal intelligence information does not include information relating to political surveillance or criminal investigative information.

(6) (a) "Criminal investigative information" means information associated with an individual, group, organization, or event compiled by a criminal justice agency in the course of conducting an investigation of a crime or crimes. It includes information about a crime or crimes derived from reports of informants or investigators or from any type of surveillance.

(b) The term does not include criminal intelligence information.

(7) "Criminal justice agency" means:

(a) any court with criminal jurisdiction;

(b) any federal, state, or local government agency designated by statute or by a governor's executive order to perform as its principal function the administration of criminal justice, including a governmental fire agency organized under Title 7, chapter 33, or a fire marshal who conducts criminal investigations of fires;

(c) any local government agency not included under subsection (7)(b) that performs as its principal function the administration of criminal justice pursuant to an ordinance or local executive order; or

(d) any agency of a foreign nation that has been designated by that nation's law or chief executive officer to perform as its principal function the administration of criminal justice and that has been approved for the receipt of criminal justice information by the Montana attorney general, who may consult with the United States department of justice.

(8) (a) "Criminal justice information" means information relating to criminal justice collected, processed, or preserved by a criminal justice agency.

(b) The term does not include the administrative records of a criminal justice agency.

(9) "Criminal justice information system" means a system, automated or manual, operated by foreign, federal, regional, state, or local governments or governmental organizations for collecting, processing, preserving, or disseminating criminal justice information. It includes equipment, facilities, procedures, and agreements.

(10) (a) "Disposition" means information disclosing that criminal proceedings against an individual have terminated and describing the nature of the termination or information relating to sentencing, correctional supervision, release from correctional supervision, the outcome of appellate or collateral review of criminal proceedings, or executive clemency. Criminal proceedings have terminated if a decision has been made not to bring charges or if criminal proceedings have been concluded, abandoned, or indefinitely postponed.

(b) Particular dispositions include but are not limited to:

(i) conviction at trial or on a plea of guilty;

(ii) acquittal;

(iii) acquittal by reason of mental disease or disorder;

(iv) acquittal by reason of mental incompetence;

(v) the sentence imposed, including all conditions attached to the sentence by the sentencing judge;

(vi) deferred imposition of sentence with any conditions of deferral;

(vii) nolle prosequi;

(viii) a nolo contendere plea;

(ix) deferred prosecution or diversion;

(x) bond forfeiture;

(xi) death;

(xii) release as a result of a successful collateral attack;

(xiii) dismissal of criminal proceedings by the court with or without the commencement of a civil action for determination of mental incompetence or mental illness;

(xiv) a finding of civil incompetence or mental illness;

(xv) exercise of executive clemency;

(xvi) correctional placement on probation or parole or release; or

(xvii) revocation of probation or parole.

(c) A single arrest of an individual may result in more than one disposition.

(11) "Dissemination" means the communication or transfer of criminal justice information to individuals or agencies other than the criminal justice agency that maintains the information. It includes confirmation of the existence or nonexistence of criminal justice information.

(12) "Fingerprints" means the recorded friction ridge skin of the fingers, palms, or soles of the feet.

(13) "Public criminal justice information" means:

(a) information made public by law;

(b) information of court records and proceedings;

(c) information of convictions, deferred sentences, and deferred prosecutions;

(d) information of postconviction proceedings and status;

(e) information originated by a criminal justice agency, including:

(i) initial offense reports;

(ii) initial arrest records, including booking photographs;

(iii) bail records; and

(iv) daily jail occupancy rosters;

(f) information considered necessary by a criminal justice agency to secure public assistance in the apprehension of a suspect; or

(g) statistical information.

(14) "State repository" means the recordkeeping systems maintained by the department of justice pursuant to 44-2-201 in which criminal history record information is collected, processed, preserved, and disseminated.

(15) "Statistical information" means data derived from records in which individuals are not identified or identification is deleted and from which neither individual identity nor any other unique characteristic that could identify an individual is ascertainable.
Mont. Code Ann. § 44-2-601 — MT Code / Title 44 / Chapter 2 / Part 6 / Section 44-2-601
44-2-601 Notification of escape or release from confinement
Status: in_force

44-2-601 . Notification of escape or release from confinement. (1) The notice required by subsection (2) must be given if:

(a) a person committed to a hospital or mental health facility under Title 46, chapter 14, escapes or is released from confinement;

(b) a person confined in an institution other than a jail pending or during trial for a criminal offense involving the use or threat of physical force or violence or confined in a prison or other state institution after conviction of a criminal offense involving the use or threat of physical force or violence escapes or is released from confinement; or

(c) a person confined in a jail pending or during trial for a criminal offense involving the use or threat of physical force or violence or confined in a jail after conviction of a criminal offense involving the use or threat of physical force or violence escapes from confinement.

(2) If a person referred to in subsection (1) escapes or is released from confinement, the institution in which the person was confined shall notify:

(a) the sheriff or other law enforcement officials in the county in which the offense occurred;

(b) the sheriff or other law enforcement officials in the county or counties, if known, in which a victim or the victims of the offense reside at the time of the escape or release;

(c) the sheriff or other law enforcement officials in the county, if known, in which the person intends to reside upon leaving confinement;

(d) the sheriff or other law enforcement officials in the county in which the jail, prison, hospital, mental health facility, or other institution from which the person escaped or was released is located;

(e) a victim of the offense who has requested notification in the event of an escape or a release of the person; and

(f) a court that has requested that it be notified in the event of an escape or a release of the person.

(3) The department shall adopt a methodology for notifying the individuals and entities listed in subsection (2). The methodology must take into account the public safety concerns related to escape. Notification concerning a pending release must be made prior to the release.
Mont. Code Ann. § 44-4-403 — MT Code / Title 44 / Chapter 4 / Part 4 / Section 44-4-403
44-4-403 Council duties -- determinations -- appeals
Status: in_force

44-4-403 . Council duties -- determinations -- appeals. (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 of public safety officers.

(2) The council may waive or modify a qualification or training standard for good cause.

(3) The council may not revoke a public safety officer's certification solely on the basis of a public safety officer's mental illness unless, due to the mental illness, a physical or mental condition exists that, even with reasonable accommodation:

(a) substantially limits the officer's ability to perform the essential duties of a public safety officer; or

(b) poses a direct threat to the health and safety of the public or fellow public safety officers.

(4) A person who has been denied certification or recertification or whose certification or recertification has been suspended or revoked is entitled to a contested case hearing before the council pursuant to Title 2, chapter 4, part 6. A decision of the council is a final agency decision subject to judicial review.

(5) The council is designated as a criminal justice agency within the meaning of 44-5-103 for the purpose of obtaining and retaining confidential criminal justice information, as defined in 44-5-103 , regarding public safety officers in order to provide for the certification or recertification of a public safety officer and for the suspension or revocation of certification of a public safety officer. The council may not record or retain any confidential criminal justice information without complying with the provisions of the Montana Criminal Justice Information Act of 1979 provided for in Title 44, chapter 5.
Mont. Code Ann. § 44-13-101 — MT Code / Title 44 / Chapter 13 / Part 1 / Section 44-13-101
44-13-101 Law enforcement assistance account created
Status: in_force

44-13-101 . Law enforcement assistance account created. There is an account in the federal special revenue fund defined in 17-2-102 to be known as the special law enforcement assistance account.
Mont. Code Ann. § 44-4-1609 — MT Code / Title 44 / Chapter 4 / Part 16 / Section 44-4-1609
44-4-1609 Rulemaking authority
Status: in_force

44-4-1609 . Rulemaking authority. (1) The department may adopt rules necessary to implement this part. Rules may include provisions for:

(a) implementation of this part; and

(b) administration of the statewide public safety communications system in accordance with this part.

(2) Rules must be adopted in accordance with the Montana Administrative Procedure Act provided for in Title 2, chapter 4.
Mont. Code Ann. § 44-4-1206 — MT Code / Title 44 / Chapter 4 / Part 12 / Section 44-4-1206
44-4-1206 Collection, distribution, and use of testing fees
Status: in_force

44-4-1206 . Collection, distribution, and use of testing fees. The law enforcement agency of a county in which a sobriety program exists shall collect the testing fee required by the rules of the department and deposit the fees into the local sobriety program account established pursuant to department rules. The fee must be distributed according to those rules to the proper entity for use by the law enforcement agency or the law enforcement agency's designee pursuant to the terms determined by the law enforcement agency in accordance with the provisions of this part and the rules implementing this part.
Mont. Code Ann. § 44-11-302 — MT Code / Title 44 / Chapter 11 / Part 3 / Section 44-11-302
44-11-302 Purpose
Status: in_force

44-11-302 . Purpose. It is the purpose of this part to permit one or more law enforcement agencies of this state to enter into mutual aid agreements, on the basis of mutual advantage, with one or more law enforcement agencies of any other state or the United States in order to facilitate and coordinate efficient, cooperative enforcement efforts directed at mutual law enforcement problems transcending jurisdictional boundaries and to insure the prompt and effective delivery of law enforcement and emergency services in areas that, due to geographic remoteness, population sparsity, and economic and other factors are in need of an increased law enforcement presence.
Mont. Code Ann. § 44-15-105 — MT Code / Title 44 / Chapter 15 / Part 1 / Section 44-15-105
44-15-105 Prohibition of facial recognition technology
Status: in_force

44-15-105 . Prohibition of facial recognition technology. (1) Except as provided in 44-15-106 and 44-15-108 , a state or local government agency, law enforcement agency, public employee, or public official may not:

(a) obtain, retain, possess, access, request, or use facial recognition technology or information derived from a search using facial recognition technology;

(b) enter into an agreement with a third-party vendor for any purpose listed in subsection (1)(a); or

(c) install or equip a continuous facial surveillance monitoring camera on public buildings or on public roads and highways of this state, except as provided in 46-5-117 .

(2) The motor vehicle division may not establish a digital driver's license program that utilizes facial recognition technology without the consent of the legislature.
Mont. Code Ann. § 44-2-410 — MT Code / Title 44 / Chapter 2 / Part 4 / Section 44-2-410
44-2-410 Missing and murdered indigenous persons advisory council account -- audit
Status: in_force

44-2-410 . (Temporary) Missing and murdered indigenous persons advisory council account -- audit. (1) There is a missing and murdered indigenous persons advisory council account in the state special revenue fund established in 17-2-102 . The account is administered by the department of justice.

(2) Money transferred from any lawful source, including but not limited to gifts, grants, donations, securities, and other assets, public or private, may be deposited in the account.

(3) Money deposited in the account must be used pursuant to 44-2-411 and is subject to audits as required by Title 5, chapter 13, part 3.

(4) Funds deposited in the account each year must be used by the department only for allowable costs as determined by the department and approved by the missing and murdered indigenous persons advisory council.

(5) Interest and income earned on the account and any unspent or unencumbered money in the account at the end of a fiscal year must remain in the account. (Terminates June 30, 2033--sec. 6, Ch. 3, L. 2025.)
Mont. Code Ann. § 44-2-417 — MT Code / Title 44 / Chapter 2 / Part 4 / Section 44-2-417
44-2-417 Missing persons response team training grant account
Status: in_force

44-2-417 . Missing persons response team training grant account. (1) There is a missing persons response team training grant account in the state special revenue fund established in 17-2-102 . The account is administered by the department of justice.

(2) Money transferred from any lawful source, including but not limited to gifts, grants, donations, securities, and other assets, public or private, may be deposited in the account.

(3) Money deposited in the account must be used pursuant to 44-2-416 .

(4) Up to 10% of the funds deposited in the missing persons response team training grant account each year may be used for administrative costs by the department.

(5) Interest and income earned on the account and any unspent or unencumbered money in the account at the end of a fiscal year must remain in the account.
Mont. Code Ann. § 44-11-303 — MT Code / Title 44 / Chapter 11 / Part 3 / Section 44-11-303
44-11-303 Definitions
Status: in_force

44-11-303 . Definitions. When used in this part, unless the context requires otherwise, the following definitions apply:

(1) "Law enforcement agency" means a public agency lawfully established by statute or executive order that is responsible for the prevention and detection of crime and the enforcement of penal, traffic, regulatory, or game laws.

(2) "Law enforcement agency of this state" or "law enforcement agency of another (or any other) state" includes, respectively, a law enforcement agency of a political subdivision of this state and a law enforcement agency of a political subdivision of another state.

(3) "Mutual aid agreement" or "agreement" means an agreement between two or more law enforcement agencies, consistent with the purposes of this part.

(4) "Party law enforcement agency" means a law enforcement agency that is a party to a mutual aid agreement as set forth in this part.

(5) "Peace officer" has the meaning as defined in 46-1-202 .
Mont. Code Ann. § 44-15-109 — MT Code / Title 44 / Chapter 15 / Part 1 / Section 44-15-109
44-15-109 Notice requirement -- policy and retention requirements for third-party vendors
Status: in_force

44-15-109 . Notice requirement -- policy and retention requirements for third-party vendors. (1) On capturing an image of an individual when the individual interacts with a state or local government agency, the state or local government agency shall notify the individual that the individual's image may be used in conjunction with a facial recognition service.

(2) A third-party vendor contracted with a state or local government agency for the provision of a facial recognition service may not collect, capture, purchase, receive through trade, or otherwise obtain an individual's facial biometric data in the implementation of the service unless it first:

(a) informs the individual or the individual's legally authorized representative in writing that facial biometric data is being collected or stored;

(b) informs the individual or the individual's legally authorized representative in writing of the specific purpose and length of term for which facial biometric data is being collected, stored, and used; and

(c) receives written consent from the individual or the individual's legally authorized representative authorizing the collection, storage, and use of the individual's facial biometric data.

(3) A third-party vendor contracted with a state or local government agency for the provision of a facial recognition service shall provide the state or local government agency with a written privacy policy. The privacy policy must be designed and presented in a way that is easy to read and is understandable to an average consumer and must include the date the policy was last updated. A third-party vendor shall give notice of a privacy policy change to the state or local government agency within a reasonable period.

(4) (a) Except as provided in subsection (4)(b), a third-party vendor in possession of facial biometric data because of a contract with a state or local government agency for the provision of a facial recognition service shall develop a written policy, made available to the public, establishing a retention schedule and guidelines for permanently destroying facial biometric data when the initial purpose for collecting or obtaining the data has been satisfied. Absent a valid warrant or subpoena issued by a court of competent jurisdiction, a third-party vendor in possession of facial biometric data shall comply with its established retention schedule and destruction guidelines.

(b) A third-party vendor in possession of facial biometric data because of a contract with a state or local government agency for the provision of a facial recognition service may retain an individual's facial biometric data after the initial purpose for collecting or obtaining the data has been satisfied on the affirmative authorization of the individual. Facial biometric data retained because of affirmative authorization must be permanently destroyed within 1 year of the individual's last interaction with the third-party vendor.

(5) (a) A third-party vendor in possession of facial biometric data as a result of a contract with a state or local government agency for the provision of a facial recognition service shall develop a written information security policy establishing appropriate administrative, technical, and physical controls to establish and govern the acceptable use of the third-party vendor's information technology, including networks, applications, and databases, to protect the confidentiality, integrity, and availability of any facial biometric data.

(b) The security policy under subsection (5)(a) must include a provision that the facial biometric data collected under this part is stored within the territorial boundaries of the United States.

(6) A third-party vendor in possession of facial biometric data because of a contract with a state or local government agency for the provision of a facial recognition service may not give, sell, lease, or trade an individual's facial biometric data without affirmative authorization from the individual.

(7) A third-party vendor in possession of facial biometric data because of a contract with a state or local government agency for facial recognition services:

(a) shall store, transmit, and protect from unauthorized disclosure all facial biometric data collected and processed:

(i) using the reasonable standard of care within the third-party vendor's industry; and

(ii) in a manner that is the same as or more protective than the way the third-party vendor stores, transmits, and protects other personal information; and

(b) may not release facial biometric data to a federal or state agency without a valid warrant or court order issued by a court of competent jurisdiction.

(8) A state or local government agency that uses facial recognition technology without a third-party vendor must develop the same written privacy and retention policies outlined in this section as required by a third-party vendor, and must adhere to the same provisions for retention, destruction, and privacy as provided in this section.
Mont. Code Ann. § 44-3-203 — MT Code / Title 44 / Chapter 3 / Part 2 / Section 44-3-203
44-3-203 Associate medical examiners -- qualifications
Status: in_force

44-3-203 . Associate medical examiners -- qualifications. Associate medical examiners, including but not limited to locum tenens and per diem examiners, must be physicians licensed to practice in Montana, must be board-certified in forensic pathology, and may continue their private practice during their appointment. Associate medical examiners are appointed by, are supervised by, and serve at the pleasure of the state chief medical examiner.
Mont. Code Ann. § 44-4-101 — MT Code / Title 44 / Chapter 4 / Part 1 / Section 44-4-101
44-4-101 Position established -- salary
Status: in_force

44-4-101 . Position established -- salary. There is created within the department of justice the position of training coordinator for county attorneys. The position of training coordinator for county attorneys is an exempt position as provided in 2-18-103 . The salary for this position is the same as that provided in 7-4-2503 for a county attorney in a county with a population in excess of 30,000.
Mont. Code Ann. § 44-4-401 — MT Code / Title 44 / Chapter 4 / Part 4 / Section 44-4-401
44-4-401 Definitions
Status: in_force

44-4-401 . Definitions. 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 corrections, established in 2-15-2301 , and who has full-time or part-time authority or responsibility for maintaining custody of inmates in a state correctional facility for adults or juveniles;

(b) a detention officer who is employed by a county and who has full-time or part-time authority or responsibility for maintaining custody of inmates in a detention center, as defined in 7-32-2241 , or a youth detention facility, as defined in 41-5-103 ;

(c) a peace officer, as defined in 46-1-202 ;

(d) a department of transportation employee appointed as a peace officer pursuant to 61-12-201 ;

(e) a law enforcement officer or reserve officer, as the terms are defined in 7-32-201 ;

(f) a public safety communications officer, as defined in 7-31-201 ;

(g) a probation or parole officer who is employed by the department of corrections pursuant to 46-23-1002 ;

(h) a person subject to training requirements pursuant to 44-2-113 or 44-4-902 ; and

(i) any other person required by law to meet the qualification or training standards established by the council.
Mont. Code Ann. § 44-13-102 — MT Code / Title 44 / Chapter 13 / Part 1 / Section 44-13-102
44-13-102 Federal forfeitures deposited in account
Status: in_force

44-13-102 . Federal forfeitures deposited in account. Except as provided in 46-23-1032 , property and money forfeited under federal law and provided to the state by the federal government to support state and local law enforcement programs must be deposited to the special law enforcement assistance account established in 44-13-101 . An amount up to $125,000 each fiscal year is statutorily appropriated, as provided in 17-7-502 , to the attorney general for the support of state and local law enforcement programs. Any expenditure in excess of $125,000 each fiscal year requires approval through budget amendment, as provided in Title 17, chapter 7, part 4.
Mont. Code Ann. § 44-14-101 — MT Code / Title 44 / Chapter 14 / Part 1 / Section 44-14-101
44-14-101 Disposition of property held by state public safety officer -- rulemaking
Status: in_force

44-14-101 . Disposition of property held by state public safety officer -- rulemaking. (1) A state agency that employs a public safety officer may adopt administrative rules to provide for the care, restitution, sale, donation, return, or destruction of unclaimed tangible personal property that may come into the possession of the agency or a public safety officer employed by the agency for which state law does not otherwise provide a procedure for disposition.

(2) At a minimum, the ordinance or resolution must provide:

(a) that unclaimed property valued at $20 or more must be held by the state agency for a period of at least 3 months;

(b) a process by which the state agency shall attempt to notify the legal owner of unclaimed property held in its possession;

(c) a process by which the state agency may allow a finder of unclaimed personal property to take possession of that property if it remains unclaimed;

(d) that unclaimed property will be destroyed as allowed or required by local, state, or federal law, returned to the finder, donated, or otherwise sold at public auction to the highest bidder;

(e) that, at least 10 days prior to the time fixed for the destruction, return, donation, or sale at public auction of unclaimed property, notice of the planned disposal must be given by publication one time in a newspaper of general circulation; and

(f) that, upon proof of legal ownership, the state agency shall restore the unclaimed property to its legal owner.

(3) After property has been destroyed, returned, donated, or sold at public auction, the property or the value of the property is not redeemable by the owner or another person entitled to possession.

(4) For the purposes of this section, "public safety officer" has the meaning provided in 44-4-401 .
Mont. Code Ann. § 44-1-518 — MT Code / Title 44 / Chapter 1 / Part 5 / Section 44-1-518
44-1-518 Contribution for retirement -- length of service credit -- transfer of retirement contributions
Status: in_force

44-1-518 . Contribution for retirement -- length of service credit -- transfer of retirement contributions. (1) When an officer receives compensation under 44-1-511 , the officer's contribution for retirement under 19-6-402 must be paid on the compensation received under 44-1-511 and the state's contribution for retirement under 19-6-404 must be paid on the compensation received under 44-1-511 .

(2) The time for which contributions are paid under 44-1-511 must be credited to the length of service computed for retirement purposes under 19-2-701 .

(3) When a disabled officer who qualifies for benefits under 44-1-511 accepts a transfer under 44-1-515 to a nonhighway patrol position within the department of justice that is covered under the Public Employees' Retirement System Act, all or any portion of the officer's length of service credited with the highway patrol officers' retirement system must be transferred to the public employees' retirement system according to 19-2-715 .
Mont. Code Ann. § 44-12-209 — MT Code / Title 44 / Chapter 12 / Part 2 / Section 44-12-209
44-12-209 Pretrial hearing
Status: in_force

44-12-209 . Pretrial hearing. (1) Following the seizure of property in a proceeding under this chapter, a defendant who has been charged with a criminal offense providing for forfeiture of property upon conviction or a person claiming an interest in the property allegedly used in or derived from the commission of a criminal offense may make a written request for a pretrial hearing to determine the validity of the seizure.

(2) The request for a hearing pursuant to this section must be filed with the court in which the criminal proceeding is pending within 15 days of receiving notice of the seized property pursuant to 44-12-208 (1)(b). If more than one person receives notice pursuant to 44-12-208 (1)(b), the 15-day request period for a hearing begins from the date the last notice was received. The court shall hold a hearing on the request as soon as practicable but no later than 30 days after the request is filed.

(3) The claimant has the burden of demonstrating a lawful ownership interest or right of possession in the property.

(4) At least 10 days prior to a hearing on the request, a statement demonstrating probable cause for the seizure made pursuant to 44-12-103 must be filed with the court and provided to the claimant.

(5) The court shall order that the property be returned to the claimant if the court finds that:

(a) it is likely the final judgment in the criminal proceeding will result in the state being ordered to return the property;

(b) it is not reasonably necessary for the property to be held for investigatory reasons; or

(c) the property is the only reasonable means for the claimant to pay the costs of legal representation in the forfeiture or criminal proceeding. The court may order the return of a portion of the total amount of property seized sufficient to pay the costs of legal representation and may require an accounting of the remaining property.

(6) In lieu of ordering the return of the property, the court may order the law enforcement agency to provide security or other written assurances for satisfaction of any judgment that may be rendered in the forfeiture proceeding or criminal proceeding, including any damages sustained as a result of retaining the property.
Mont. Code Ann. § 44-7-125 — MT Code / Title 44 / Chapter 7 / Part 1 / Section 44-7-125
44-7-125 Definitions
Status: in_force

44-7-125 . Definitions. 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 agency, the office of court administrator, a local government entity, a nongovernment entity, a tribal government, or a federal government that submits data to the criminal justice data warehouse.

(4) "Council" means the criminal justice oversight council established in 5-5-235 .

(5) "Detention center" has the meaning provided in 7-32-2241 .

(6) "Local government entity" includes a city, county, or consolidated city-county government entity including but not limited to a county attorney office, law enforcement agency, detention center, court, or other entity created by the city, county, or consolidated city-county government.

(7) "Nongovernment entity" includes a community corrections facility or program established under Title 53, chapter 30, part 3, or other prereleases, treatment centers, or providers that contract with the department of corrections.
Mont. Code Ann. § 44-2-114 — MT Code / Title 44 / Chapter 2 / Part 1 / Section 44-2-114
44-2-114 Personnel covered by PERS
Status: in_force

44-2-114 . Personnel covered by PERS. All agents and assisting personnel shall be covered by the public employees' retirement system.
Mont. Code Ann. § 44-7-202 — MT Code / Title 44 / Chapter 7 / Part 2 / Section 44-7-202
44-7-202 Domestic violence intervention account -- administration by board of crime control
Status: in_force

44-7-202 . Domestic violence intervention account -- administration by board of crime control. (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 used for services provided under 44-7-201 .

(2) Funds deposited in the account may be expended by the Montana board of crime control, as provided for in 2-15-2008 , to fund services and activities under and payment of administrative costs of the domestic violence intervention program provided for in 44-7-201 .
Mont. Code Ann. § 44-4-201 — MT Code / Title 44 / Chapter 4 / Part 2 / Section 44-4-201
44-4-201 Authorization to issue confidential plates and registrations
Status: in_force

44-4-201 . Authorization to issue confidential plates and registrations. (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 registration for purposes other than law enforcement.

(3) Confidential license plates and certificates of registration are exempt from all requirements for public disclosure.

(4) The issuance of confidential registrations is subject to the provisions of this part.
Mont. Code Ann. § 44-4-1606 — MT Code / Title 44 / Chapter 4 / Part 16 / Section 44-4-1606
44-4-1606 Duties of department
Status: in_force

44-4-1606 . Duties of department. (1) (a) Except as provided in subsection (1)(b), there is a statewide public safety communications system administered by the department.

(b) The department of natural resources and conservation may opt out of the public safety communications system.

(2) The department shall implement, sustain, and plan for the statewide public safety communications system within the limits of budget authority dedicated to the system.

(3) The department shall:

(a) encourage and foster the development of new and innovative technology within the public safety communications system and ways to deliver public safety communications functions;

(b) promote and coordinate the sharing of statewide public safety communications system resources;

(c) establish and execute a long-term, fiscally sustainable strategic plan for the statewide public safety communications system;

(d) establish and communicate policies and standards for the statewide public safety communications system;

(e) staff and cover the costs of the advisory council established in 44-4-1604 ;

(f) operate and maintain the statewide public safety communications system for the use of state government, political subdivisions, and other participating entities under terms and conditions established by the department, within the limits of budget authority dedicated to the system;

(g) establish rates and other charges for statewide public safety communications system services provided by the department;

(h) ensure collection of any user fees is dedicated to the operation, maintenance, expansion, or any combination of operation, maintenance, or expansion of the statewide public safety communications system. Proposed fees must be deposited in the account established in 44-4-1607 and included in the department's budget.

(i) accept federal funds, gifts, grants, and donations for the purposes of this part;

(j) accept county, tribal, and municipal funds provided for the operation, maintenance, deployment, expansion, or any combination of operation, maintenance, deployment, or expansion of the statewide public safety communications system;

(k) at the department's discretion, accept a transfer of ownership for the existing statewide public safety communications system, subsystems, or other assets or property from a county, tribal, federal, or municipal government;

(l) establish agreements between governmental agencies that currently own, operate, or both own and operate infrastructure on the statewide public safety communications system. Agreements must, if applicable, recognize that current network control points are owned and administered by a county and will remain owned and administered by a county.

(m) pursue funding opportunities that can be leveraged based on user participation;

(n) report to the law and justice interim committee as provided in 5-11-210 on the statewide public safety communications system activities of the department; and

(o) represent the state before public and private entities on matters pertaining to the statewide public safety communications system.

(4) The department may contract with qualified private organizations, foundations, or individuals to carry out the purposes of this part.

(5) The department shall operate and maintain the statewide public safety communications system within the limits of budget authority dedicated to the system.

(6) This part does not provide the department with regulatory authority or responsibility over a commercial business.
Mont. Code Ann. § 44-4-1002 — MT Code / Title 44 / Chapter 4 / Part 10 / Section 44-4-1002
44-4-1002 Establishment of methamphetamine watch program
Status: in_force

44-4-1002 . Establishment of methamphetamine watch program. The department shall establish a methamphetamine watch program to:

(1) inform retailers of the problems associated with the illicit manufacture and use of methamphetamine in this state;

(2) establish procedures and develop forms for retailers and other persons to use in reporting to law enforcement any incidents of theft, suspicious purchases, or other transactions involving products that may be used in the illicit manufacture of methamphetamine;

(3) increase community awareness of methamphetamine;

(4) encourage retailers, law enforcement, state and local agencies, and other persons to cooperate in efforts to reduce the diversion of legitimate products for use in the illicit manufacture of methamphetamine; and

(5) assist local communities in addressing problems created by the illicit manufacture and use of methamphetamine.
Mont. Code Ann. § 44-4-1608 — MT Code / Title 44 / Chapter 4 / Part 16 / Section 44-4-1608
44-4-1608 FirstNet exemption
Status: in_force

44-4-1608 . FirstNet exemption. This part and rules adopted in accordance with this part do not affect:

(1) the state's ability to use FirstNet, including new services and applications available with FirstNet; or

(2) any obligations or responsibilities related to FirstNet in accordance with federal statute.
Mont. Code Ann. § 44-12-212 — MT Code / Title 44 / Chapter 12 / Part 2 / Section 44-12-212
44-12-212 Disposition of property following hearing
Status: in_force

44-12-212 . Disposition of property following hearing. (1) If the provisions of 44-12-207 are not established or the property owner is an innocent owner as provided in 44-12-211 , the court shall order that the property be released to the owner of record as of the date of the seizure.

(2) If the provisions of 44-12-207 are established and the property owner is not an innocent owner as provided in 44-12-211 , the property must be disposed of as follows:

(a) If proper proof of a claim is presented at the hearing by the holder of a security interest, the court shall order that the property be released to the holder of the security interest if the amount due to the holder is equal to or in excess of the value of the property as of the date of seizure because the purpose of this chapter is to forfeit only the right, title, or interest of the owner. If the amount due the holder of the security interest is less than the value of the property, the property, if it is sold, must be sold at public auction by the law enforcement agency that seized the property in the same manner provided by law for the sale of property under execution or the law enforcement agency may return the property to the holder of the security interest without proceeding with an auction. The property may not be sold to an officer or employee of the law enforcement agency that seized the property or to a person related to an officer or employee by blood or marriage.

(b) If a claimant does not exist and the confiscating agency wishes to retain the property for its official use, it may do so. If the property is not to be retained, it must be sold as provided in subsection (2)(a).

(c) If a claimant who has presented proper proof of a claim exists and the confiscating agency wishes to retain the property for its official use, it may do so if it compensates the claimant in the amount of the security interest outstanding at the time of the seizure.

(3) In making a disposition of property under this chapter, the court may take any action to protect the rights of innocent persons.
Mont. Code Ann. § 44-2-117 — MT Code / Title 44 / Chapter 2 / Part 1 / Section 44-2-117
44-2-117 Racial profiling prohibited -- definitions -- policies -- complaints -- training
Status: in_force

44-2-117 . Racial profiling prohibited -- definitions -- policies -- complaints -- training. (1) A peace officer may not engage in racial profiling.

(2) The race or ethnicity of an individual may not be the sole factor in:

(a) determining the existence of probable cause to take into custody or arrest an individual; or

(b) constituting a particularized suspicion that an offense has been or is being committed in order to justify the detention of an individual or the investigatory stop of a motor vehicle.

(3) Each law enforcement agency shall adopt a policy on race-based traffic stops that:

(a) prohibits the practice of routinely stopping members of minority groups for violations of vehicle laws as a pretext for investigating other violations of criminal law;

(b) provides for periodic reviews by the law enforcement agency and collection of data that determine whether any peace officers of the law enforcement agency have a pattern of stopping members of minority groups for violations of vehicle laws in a number disproportionate to the population of minority groups residing or traveling within the jurisdiction of the law enforcement agency;

(c) if the review under subsection (3)(b) reveals a pattern, requires an investigation to determine whether any peace officers of the law enforcement agency routinely stop members of minority groups for violations of vehicle laws as a pretext for investigating other violations of criminal law.

(4) (a) Each municipal, county, consolidated local government, and state law enforcement agency shall adopt a detailed written policy that clearly defines the elements constituting racial profiling. Each agency's policy must prohibit racial profiling, require that all stops are lawful under 46-5-401 , and require that all stops are documented according to subsection (3) of this section.

(b) The policy must include a procedure that the law enforcement agency will use to address written complaints concerning racial profiling. The complaint procedure must require that:

(i) all written complaints concerning racial profiling be promptly reviewed;

(ii) a person is designated who shall review all written complaints of racial profiling;

(iii) the designated person shall, within 10 days of receipt of a written complaint, acknowledge receipt of the complaint in writing; and

(iv) after a review is completed, the designated person shall, in writing, inform the person who submitted the written complaint and the head of the agency of the results of the review.

(c) The policy must be available for public inspection during normal business hours.

(5) Each municipal, county, consolidated local government, and state law enforcement agency shall require for all of its peace officers cultural awareness training and training in racial profiling. The training program must be certified by the Montana public safety officer standards and training council established in 2-15-2029 .

(6) Each law enforcement agency may provide for appropriate counseling and training of any peace officer found to have engaged in race-based traffic stops within 90 days of the review. The course or courses of instruction and the guidelines must stress understanding and respect for racial and cultural differences and development of effective, noncombative methods of carrying out law enforcement duties in a racially and culturally diverse environment.

(7) If an investigation of a complaint of racial profiling reveals that a peace officer was in direct violation of the law enforcement agency's written policy prohibiting racial profiling, the law enforcement agency shall take appropriate action against the peace officer consistent with applicable laws, rules, ordinances, or policies.

(8) For the purposes of this section, the following definitions apply:

(a) "Minority group" means individuals of African American, Hispanic, Native American, Asian, or Middle Eastern descent.

(b) "Peace officer" has the meaning provided in 46-1-202 .

(c) "Racial profiling" means the detention, official restraint, or other disparate treatment of an individual solely on the basis of the racial or ethnic status of the individual.

(9) The department of justice shall make available to the public information regarding the degree of compliance by municipal, county, consolidated local government, and state law enforcement agencies with the requirements of this section.

(10) Each law enforcement agency in this state may use federal funds from community-oriented policing services grants or any other federal sources to equip each vehicle used for traffic stops with a video camera and voice-activated microphone.
Mont. Code Ann. § 44-5-511 — MT Code / Title 44 / Chapter 5 / Part 5 / Section 44-5-511
44-5-511 Functions of advisory council
Status: in_force

44-5-511 . Functions of advisory council. 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) recommend, if appropriate, the reinstatement of a suspended participant agency.
Mont. Code Ann. § 44-10-203 — MT Code / Title 44 / Chapter 10 / Part 2 / Section 44-10-203
44-10-203 Sessions to be determined annually
Status: in_force

44-10-203 . Sessions to be determined annually. The academy shall be in session for a period to be annually determined by the department of justice.
Mont. Code Ann. § 44-5-602 — MT Code / Title 44 / Chapter 5 / Part 6 / Section 44-5-602
44-5-602 Appointment of compact officer
Status: in_force

44-5-602 . Appointment of compact officer. 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.
Mont. Code Ann. § 44-2-201 — MT Code / Title 44 / Chapter 2 / Part 2 / Section 44-2-201
44-2-201 Establishment of state system
Status: in_force

44-2-201 . Establishment of state system. The department of justice shall cooperate with and assist sheriffs, chiefs of police, and other law enforcement officers in the establishment of a complete state system of criminal identification.
Mont. Code Ann. § 44-1-105 — MT Code / Title 44 / Chapter 1 / Part 1 / Section 44-1-105
44-1-105 Department of justice to furnish equipment
Status: in_force

44-1-105 . Department of justice to furnish equipment. The department of justice shall furnish patrol officers with automobiles equipped and fitted with a distinctive siren and a particularly designated light for use at night. The department shall furnish all patrol officers with uniforms and equipment necessary for the performance of their respective duties, with the approval of the captain of their respective districts. Any such equipment and uniforms shall remain the property of the state of Montana.
Mont. Code Ann. § 44-4-1504 — MT Code / Title 44 / Chapter 4 / Part 15 / Section 44-4-1504
44-4-1504 Human trafficking education account
Status: in_force

44-4-1504 . Human trafficking education account. There is a human trafficking education account in the state special revenue fund for the purposes of preventing and detecting human trafficking. Money in this account may be expended by the department of justice to raise awareness about human trafficking and educate the public and law enforcement on how to prevent and detect human trafficking in this state.
Mont. Code Ann. § 44-6-102 — MT Code / Title 44 / Chapter 6 / Part 1 / Section 44-6-102
44-6-102 Establishment of DNA identification index
Status: in_force

44-6-102 . Establishment of DNA identification index. (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 records for an individual convicted of a felony offense or a youth found under 41-5-1502 to have committed a sexual or violent offense;

(b) DNA records for a person upon order of a sentencing judge under 46-18-202 ; and

(c) analyses of DNA samples recovered from crime scenes, medical examinations, and unidentified human remains. For purposes of identification of missing persons, the DNA identification index may include DNA records of close biological relatives of a missing person.

(3) The DNA identification index and the DNA testing done by a forensic DNA laboratory must be compatible with the systems of DNA identification used by other criminal justice agencies or private testing laboratories to the extent necessary to permit the exchange of DNA information.

(4) The DNA records collected and stored in the DNA identification index may contain only information relating to the identification of individuals. Information that identifies a person that is the subject of a record must be limited to the information that is necessary to pursue criminal investigations and to support statistical interpretation of results.

(5) The DNA identification index may be used:

(a) by law enforcement agencies for purposes of identification in the course of criminal investigations and proceedings;

(b) to assist in the identification of human remains, including identification of missing persons; and

(c) if information allowing a person to be identified is removed, for a population statistics database and for identification, research, and protocol development for forensic DNA analysis and quality control.
Mont. Code Ann. § 44-3-214 — MT Code / Title 44 / Chapter 3 / Part 2 / Section 44-3-214
44-3-214 Records
Status: in_force

44-3-214 . Records. Copies of records and detailed findings of autopsy and laboratory investigations shall be maintained by the state medical examiner's office.
Mont. Code Ann. § 44-2-205 — MT Code / Title 44 / Chapter 2 / Part 2 / Section 44-2-205
44-2-205 Withholding of salary of officer who fails to provide information
Status: in_force

44-2-205 . Withholding of salary of officer who fails to provide information. The department shall report to the attorney general the failure of any officer to provide information as required by law. After an investigation of the report, the attorney general may order the proper disbursing officer to withhold payment of the salary of the officer who failed to provide the information until the information is given to the department.
Mont. Code Ann. § 44-4-901 — MT Code / Title 44 / Chapter 4 / Part 9 / Section 44-4-901
44-4-901 Attorney general -- appointment of special peace officers
Status: in_force

44-4-901 . Attorney general -- appointment of special peace officers. The attorney general may appoint special peace officers as provided in this part.
Mont. Code Ann. § 44-2-502 — MT Code / Title 44 / Chapter 2 / Part 5 / Section 44-2-502
44-2-502 Definitions -- legislative intent
Status: in_force

44-2-502 . Definitions -- legislative intent. (1) As used in this part, the following definitions apply:

(a) "Missing child" means any person who has been reported as missing to a law enforcement authority and:

(i) who is under 21 years of age;

(ii) whose temporary or permanent residence is in Montana or is believed to be in Montana; and

(iii) whose location has not been determined.

(b) "Missing child report" means a report prepared on a form designed by the department of justice for use by private citizens and law enforcement authorities to report information about missing children to the missing children information program provided for in 44-2-503 .

(2) The legislature intends the phrase "law enforcement authority" to be interpreted broadly in this part as inclusive of local, state, tribal, and federal authorities.
Mont. Code Ann. § 44-7-120 — MT Code / Title 44 / Chapter 7 / Part 1 / Section 44-7-120
44-7-120 Supportive housing grant program
Status: in_force

44-7-120 . Supportive housing grant program. (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) Counties, cities or towns, and tribal governments are eligible to receive grant funding.

(3) Grant funds may be used to provide case management and housing placement services, support landlord engagement activities, hire housing specialists, and build or manage risk-mitigation funds to reimburse landlords for tenant-related property damages or expenses.

(4) In administering the supportive housing grant program, the board shall:

(a) identify priorities for funding services, activities, and criteria for the receipt of program funds;

(b) monitor the expenditure of funds by organizations receiving funds under this section;

(c) evaluate the effectiveness of services and activities under this section; and

(d) adopt rules as necessary to implement this section.

(5) (a) Grants available under subsection (1) consist of state appropriations and federal funds received by the board for the purposes of administering the supportive housing grant program or any funds received pursuant to subsection (5)(b).

(b) The board may accept gifts, grants, and donations from other public or private sources, which must be used within the scope of this section.
Mont. Code Ann. § 44-12-210 — MT Code / Title 44 / Chapter 12 / Part 2 / Section 44-12-210
44-12-210 Forfeiture upon criminal conviction -- hearing
Status: in_force

44-12-210 . Forfeiture upon criminal conviction -- hearing. (1) Upon conviction of a defendant for a criminal offense providing for forfeiture of property upon conviction and upon notice to all persons known to have an interest in the property pursuant to subsection (2), the court shall hold a hearing to determine whether the property must be forfeited pursuant to 44-12-207 and disposed of as provided in 44-12-212 and 44-12-213 or, in the case of forfeiture for theft of commonly domesticated hoofed animals or illegal branding or altering or obscuring a brand, 45-6-329 . Unless the defendant requests separate proceedings, a proceeding for the criminal offense providing for forfeiture of property must be held in conjunction with a proceeding for the forfeiture of the property.

(2) Pursuant to subsection (1), a peace officer or an officer of the agency that seized the property shall notify all persons known to have an interest in the property by one of the following methods:

(a) for a person whose address is known, by personal service of a copy of the notice; or

(b) for a person whose address is unknown, by publication in one issue of a newspaper of general circulation in the county where the seizure occurred or, if there is no such newspaper, by publication in one issue of a newspaper of general circulation in an adjoining county, and by mailing a copy of the notice to the most recent address of the person having an ownership interest in the property, if any, shown in the records of the department of justice.

(3) To establish that the seized property is subject to forfeiture under this chapter, a peace officer or an officer of an agency that seizes any property other than controlled substances must establish by clear and convincing evidence that the property was used in connection with or constitutes proceeds from the commission of the criminal offense.

(4) Seized property is not subject to forfeiture if an owner can establish that the owner is an innocent owner as provided in 44-12-211 .

(5) A bona fide security interest is not subject to forfeiture unless the person claiming a security interest had actual knowledge that the property was subject to forfeiture at the time that the property was seized under this chapter. A person claiming a security interest bears the burden of production and must establish the validity of the interest by clear and convincing evidence.
Mont. Code Ann. § 44-11-101 — MT Code / Title 44 / Chapter 11 / Part 1 / Section 44-11-101
44-11-101 Mutual assistance authorized -- powers and duties of assisting officers
Status: in_force

44-11-101 . Mutual assistance authorized -- powers and duties of assisting officers. 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 the requesting officer or entity and while on such request for assistance, has the same powers, duties, rights, privileges, and immunities as a peace officer of the requesting entity and is under the authority of the requesting officer or entity.
Mont. Code Ann. § 44-1-909 — MT Code / Title 44 / Chapter 1 / Part 9 / Section 44-1-909
44-1-909 Exemption
Status: in_force

44-1-909 . Exemption. A member of the highway patrol covered by a collective bargaining agreement is subject to the disciplinary procedures contained in the collective bargaining agreement and is not subject to Title 44, chapter 1, parts 7 and 8.
Mont. Code Ann. § 44-4-1703 — MT Code / Title 44 / Chapter 4 / Part 17 / Section 44-4-1703
44-4-1703 Sexual assault response team committee -- rulemaking -- duties
Status: in_force

44-4-1703 . Sexual assault response team committee -- rulemaking -- duties. The sexual assault response team committee established in 2-15-2035 may adopt rules necessary for the implementation, continuation, and enforcement of the authority granted in this section. The committee's duties include but are not limited to:

(1) adopting educational and clinical standards for sexual assault nurse examiners. Standards must comply with national training standards for sexual assault medical forensic examiners, national protocol for sexual assault medical forensic examinations adult/adolescent and pediatric, guidelines from the international association of forensic nurses, and state and local laws.

(2) adopting and implementing an evidence-based sexual assault nurse examiner training curriculum that conforms with national training standards for sexual assault medical forensic examiners, national protocol for sexual assault medical forensic examinations adult/adolescent and pediatric, guidelines from the international association of forensic nurses, and state and local laws;

(3) adopting and implementing the state of Montana medical sexual assault response guidelines;

(4) developing statewide teleSANE partnerships, collaborations with hospital and clinic leadership, and strategies that include interoperability of health care systems, secure health information exchange, and assessment of teleSANE models of care to increase equitable access to quality sexual assault care;

(5) identifying and implementing a statewide forensic nurse platform for sexual assault nurse examiners to engage, mentor, share, and network among colleagues; and

(6) establishing and periodically reviewing payment amounts and processes for the sexual assault medical forensic examination in accordance with 46-15-411 and periodically reviewing standards and payments for forensic exams performed under the forensic rape examination payment program.
Mont. Code Ann. § 44-1-102 — MT Code / Title 44 / Chapter 1 / Part 1 / Section 44-1-102
44-1-102 General duties of department of justice
Status: in_force

44-1-102 . General duties of department of justice. The department of justice shall provide for clerical help, for the maintenance of the patrol, and for the employment and supervision of the patrol in conformity with the provisions of this chapter.
Mont. Code Ann. § 44-2-304 — MT Code / Title 44 / Chapter 2 / Part 3 / Section 44-2-304
44-2-304 Report by attorney general
Status: in_force

44-2-304 . Report by attorney general. The attorney general shall submit, as a part of the information required by 17-7-111 , a detailed report covering the operations of the criminal justice information network, the accounting of all money received and expended, and the need to expand or improve the network.
Mont. Code Ann. § 44-5-212 — MT Code / Title 44 / Chapter 5 / Part 2 / Section 44-5-212
44-5-212 Record preservation
Status: in_force

44-5-212 . Record preservation. 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.
Mont. Code Ann. § 44-3-105 — MT Code / Title 44 / Chapter 3 / Part 1 / Section 44-3-105
44-3-105 Authority to accept grants
Status: in_force

44-3-105 . Authority to accept grants. The department of justice is authorized to accept federal and other moneys which may be made available to accomplish the purposes of this chapter.
Mont. Code Ann. § 44-10-201 — MT Code / Title 44 / Chapter 10 / Part 2 / Section 44-10-201
44-10-201 Department of justice to govern academy
Status: in_force

44-10-201 . Department of justice to govern academy. The Montana law enforcement academy shall be governed by the department of justice.
Mont. Code Ann. § 44-7-204 — MT Code / Title 44 / Chapter 7 / Part 2 / Section 44-7-204
44-7-204 Restriction on use of funds
Status: in_force

44-7-204 . Restriction on use of funds. 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 board of crime control or the department of justice.
Mont. Code Ann. § 44-2-411 — MT Code / Title 44 / Chapter 2 / Part 4 / Section 44-2-411
44-2-411 Missing and murdered indigenous persons advisory council -- membership -- duties -- reporting
Status: in_force

44-2-411 . (Temporary) Missing and murdered indigenous persons advisory council -- membership -- duties -- reporting. (1) There is a missing and murdered indigenous persons advisory council. The advisory council is allocated to the department of justice for staffing services and administrative purposes only.

(2) Advisory council members, including the presiding officer, must be appointed by the attorney general or a designee of the attorney general. The advisory council membership must include but is not limited to:

(a) an employee of the department of justice who has expertise in the subject of missing persons;

(b) a representative from each federally recognized Indian tribe in Montana;

(c) a homicide investigator;

(d) a representative from the attorney general's office; and

(e) a representative from the office of public instruction.

(3) While respecting the government-to-government relationship between the state and each tribe, the primary duties of the advisory council are to:

(a) identify jurisdictional barriers between federal, state, local, and tribal law enforcement and community agencies;

(b) work to identify causes that contribute to missing and murdered indigenous persons and make recommendations to federally recognized tribes in the state and applicable federal agencies to reduce cases of missing and murdered indigenous persons;

(c) work to identify strategies to improve interagency communication, cooperation, and collaboration to remove jurisdictional barriers and increase reporting and investigation of missing and murdered indigenous persons; and

(d) administer the looping in native communities network grant program provided for in 44-2-412 .

(4) A vacancy on the advisory council must be filled in the manner of the original appointment.

(5) By July 1 prior to each regular legislative session, the advisory council shall, in accordance with 5-11-210 , prepare a written report of findings and recommendations for submission to the state-tribal relations committee provided for in 5-5-229 . The report must include the following information:

(a) the number of unique individuals reported to the missing and murdered indigenous persons database;

(b) the number of unique individuals recovered as a result of the missing and murdered indigenous persons database;

(c) the number of unique individuals recovered as a result of the looping in native communities network grant program;

(d) the number of unique individuals searched for and recovered as a result of missing persons response teams;

(e) the number of missing persons entries into the missing and murdered indigenous persons database by year;

(f) an analysis by year of the characteristics of missing indigenous persons, including but not limited to age, gender, child protective services involvement status, foster case status, duration of time missing, and estimated related cause;

(g) the number of actively missing indigenous persons by year;

(h) a description and the results of any noncompetitive grant awardee activities;

(i) a description of the activities and progress related to improving interagency communication, cooperation, and collaboration and removing interjurisdictional barriers; and

(j) any other information the advisory council members find relevant to the advisory council's mission.

(6) In addition to the recommendations to federally recognized tribes in the state required under subsection (3)(b), the advisory council may make recommendations to federal, state, and local agencies in carrying out the advisory council's duties. (Terminates June 30, 2033--sec. 2, Ch. 624, L. 2023, sec. 3, Ch. 624, L. 2023, sec. 4, Ch. 624, L. 2023.)
Mont. Code Ann. § 44-11-307 — MT Code / Title 44 / Chapter 11 / Part 3 / Section 44-11-307
44-11-307 Agreement not to relieve agency of duties
Status: in_force

44-11-307 . Agreement not to relieve agency of duties. No agreement made under this part may relieve any law enforcement agency of this state of any duty imposed upon it by law. Timely performance of such a duty by a joint board or other legal or administrative entity created by a mutual aid agreement may be offered in satisfaction of the duty.
Mont. Code Ann. § 44-4-1004 — MT Code / Title 44 / Chapter 4 / Part 10 / Section 44-4-1004
44-4-1004 Grants
Status: in_force

44-4-1004 . Grants. (1) The department shall provide grants for public and private organizations to engage in initiatives designed to support the program. The grant recipient may use grant money only to pay for activities directly related to the purpose of the initiative to support the program.

(2) The department may accept gifts, grants, donations, and other contributions for the purpose of providing grants.
Mont. Code Ann. § 44-4-1205 — MT Code / Title 44 / Chapter 4 / Part 12 / Section 44-4-1205
44-4-1205 Authority of court to order participation in sobriety and drug monitoring program -- probationary license -- imposition of conditions
Status: in_force

44-4-1205 . Authority of court to order participation in sobriety and drug monitoring program -- probationary license -- imposition of conditions. (1) (a) Any court or agency utilizing the sobriety program may stay any sanctions that it imposed against an offender while the offender is in compliance with the sobriety program.

(b) If an individual convicted of the offense of aggravated driving under the influence as defined in 61-8-1001 , a second or subsequent offense of driving under the influence in violation of 61-8-1002 , or a second or subsequent offense of driving with excessive alcohol concentration in violation of 61-8-1002 (1)(b), (1)(c), or (1)(d) has been required to participate in the sobriety program, the court may, upon the individual's obtaining proof of insurance pursuant to 61-6-301 , notify the department that as a participant in the sobriety program, the individual is eligible for a restricted probationary driver's license pursuant to 61-2-302 , notwithstanding the requirements of 61-5-208 that an individual is required to complete a certain portion of a suspension period before a probationary license may be issued.

(c) If the individual fails to comply with the requirements of the sobriety program, the court may notify the department of the individual's noncompliance and direct the department to withdraw the individual's probationary driver's license and reinstate the remainder of the suspension period provided in 61-5-208 .

(2) Upon an offender's participation in the sobriety program and payment of the fees required by 44-4-1204 :

(a) the court may condition any bond or pretrial release for an individual charged with aggravated driving under the influence as defined in 61-8-1001 , a second or subsequent violation of 61-8-1002 (1)(a), (1)(b), (1)(c), (1)(d), or (1)(e) or aggravated driving under the influence as defined in 61-8-1001 , or a second or subsequent violation of any other statute that imposes a jail penalty of 6 months or more if the abuse of alcohol or dangerous drugs was a contributing factor in the commission of the crime;

(b) the court may condition the granting of a suspended execution of sentence or probation for an individual convicted of aggravated driving under the influence as defined in 61-8-1001 a second or subsequent violation of 61-8-1002 (1)(a), (1)(b), (1)(c), (1)(d), or (1)(e) or aggravated driving under the influence as defined in 61-8-1001 , or a second or subsequent violation of any other statute that imposes a jail penalty of 6 months or more if the abuse of alcohol or dangerous drugs was a contributing factor in the commission of the crime;

(c) the board of pardons and parole may condition parole for aggravated driving under the influence as defined in 61-8-1001 , a second or subsequent violation of 61-8-1002 (1)(a), (1)(b), (1)(c), (1)(d), or (1)(e) or aggravated driving under the influence as defined in 61-8-1001 , or a second or subsequent violation of any other statute that imposes a jail penalty of 6 months or more if the abuse of alcohol or dangerous drugs was a contributing factor in the commission of the crime; or

(d) the department of corrections may establish conditions for conditional release for a violation of aggravated driving under the influence as defined in 61-8-1001 a second or subsequent violation of 61-8-1002 (1)(a), (1)(b), (1)(c), (1)(d), or (1)(e) or aggravated driving under the influence as defined in 61-8-1001 , or a second or subsequent violation of any other statute that imposes a jail penalty of 6 months or more if the abuse of alcohol or dangerous drugs was a contributing factor in the commission of the crime.

(3) An entity referred to in subsections (2)(a) through (2)(d) may condition any bond or pretrial release, suspended execution of sentence, probation, parole, or conditional release as provided in those subsections for an individual charged with or convicted of a violation of any statute involving domestic abuse or the abuse or neglect of a minor if the abuse of alcohol or dangerous drugs was a contributing factor in the commission of the crime regardless of whether the charge or conviction was for a first, second, or subsequent violation of the statute.

(4) A person is eligible to participate in and a court may compel a person to participate in a sobriety program if the person:

(a) is charged with aggravated driving under the influence as defined in 61-8-1001 ; or

(b) (i) is charged with or has been convicted of violating 61-8-1002 (1)(a), (1)(b), (1)(c), (1)(d), or (1)(e) or aggravated driving under the influence as defined in 61-8-1001 ; and

(ii) at any time in the 10 years preceding the date of the current charge or conviction:

(A) has been convicted in this state of a violation of 61-8-1002 (1)(a), (1)(b), (1)(c), (1)(d), or (1)(e) or aggravated driving under the influence as defined in 61-8-1001 ;

(B) has been convicted of a violation of a statute or regulation in another state or on a federally recognized Indian reservation that is similar to 61-8-1002 (1)(a), (1)(b), (1)(c), (1)(d), or (1)(e) or aggravated driving under the influence as defined in 61-8-1001 ; or

(C) has forfeited bail or collateral deposited to secure the defendant's appearance in court in this state, in another state, or on a federally recognized Indian reservation for a charge of violating 61-8-1002 (1)(a), (1)(b), (1)(c), (1)(d), or (1)(e) or aggravated driving under the influence as defined in 61-8-1001 , or a similar statute or regulation and the forfeiture has not been vacated.

(5) As used in this section, "conviction" has the meaning provided in 45-2-101 .
Mont. Code Ann. § 44-1-404 — MT Code / Title 44 / Chapter 1 / Part 4 / Section 44-1-404
44-1-404 Status of replacements for patrol officers who enter the armed forces
Status: in_force

44-1-404 . Status of replacements for patrol officers who enter the armed forces. Patrol officers filling vacancies caused by the incumbents' entrance into the armed forces of the United States shall, on the return of the incumbents, be placed in the patrol reserve without pay, except that they shall hold their probationary or permanent appointments while there are sufficient operating funds. Reserve patrol officers shall be used for future replacements in the permanent patrol.
Mont. Code Ann. § 44-1-517 — MT Code / Title 44 / Chapter 1 / Part 5 / Section 44-1-517
44-1-517 Subrogation
Status: in_force

44-1-517 . Subrogation. The state has a cause of action for reimbursement of sums it has paid to an officer as a salary benefit and for medical treatment and examinations against any third party against whom the officer has a cause of action for the injury which necessitated the payments by the state.
Mont. Code Ann. § 44-1-1004 — MT Code / Title 44 / Chapter 1 / Part 10 / Section 44-1-1004
44-1-1004 Authority concerning livestock or livestock products in transit
Status: in_force

44-1-1004 . Authority concerning livestock or livestock products in transit. Patrol officers may stop any truck or motor vehicle in which livestock or livestock products are being transported and ascertain whether the driver of such truck or vehicle is rightfully in possession of such livestock or livestock products. If the patrol officers have good reason to believe that livestock or livestock products have been stolen, they may take possession of the same until the livestock or livestock products can be delivered into the custody of the sheriff or until such time as the facts as to the actual ownership can be ascertained.
Mont. Code Ann. § 44-2-412 — MT Code / Title 44 / Chapter 2 / Part 4 / Section 44-2-412
44-2-412 Looping in native communities network grant program
Status: in_force

44-2-412 . (Temporary) Looping in native communities network grant program. (1) There is a looping in native communities network grant program. The program is established to create a network in support of efforts by Montana tribes to identify, report, and find Native American persons who are missing. The grant program is administered by the missing and murdered indigenous persons advisory council established in 44-2-411 .

(2) The grant program includes a competitive grant to be awarded to a tribal entity to create and administer a central administration point for the looping in native communities network. The missing and murdered indigenous persons advisory council shall develop the application and the criteria to award the grant to a tribal entity. The criteria must include:

(a) policies and standards for technology and equipment, including data storage and security of information entered into the network;

(b) standards for data verification;

(c) job qualifications and requirements for a data specialist to administer the network;

(d) development of a system to provide automatic initial alerts to law enforcement agencies and tribal and community organizations when a missing indigenous person report is made, including determining which law enforcement agencies will receive the automatic initial alert;

(e) development of a standard reporting form that includes space to provide the information specified in subsection (4) to be used by the data specialist; and

(f) administrative rights for a designee at each participating tribal agency.

(3) The grant program may include additional smaller, noncompetitive grants to be awarded to a qualifying tribal agency at each reservation that submits a complete application. The purpose of the grants awarded under this subsection is to provide matching funds for some or all of the costs required for the tribal agency to set up and maintain access to the looping in native communities network.

(4) The standard reporting form required under subsection (2)(e) must allow a data specialist to enter information about the missing indigenous person, including but not limited to the missing person's:

(a) name and any aliases or nicknames;

(b) gender, age, height, weight, and other physical descriptive characteristics;

(c) last known location and related information, including the date of last contact with the missing indigenous person and the person with whom the missing indigenous person last made contact; and

(d) photographs, including photographs obtained from an online or social media profile. (Terminates June 30, 2033--sec. 2, Ch. 624, L. 2023, sec. 3, Ch. 624, L. 2023.)
Mont. Code Ann. § 44-5-202 — MT Code / Title 44 / Chapter 5 / Part 2 / Section 44-5-202
44-5-202 Photographs and fingerprints
Status: in_force

44-5-202 . Photographs and fingerprints. (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 department of corrections; and

(c) the department of justice.

(2) The department of corrections may photograph and fingerprint anyone under the jurisdiction of the division of corrections or its successor.

(3) A criminal justice agency described in subsection (1)(a) shall photograph and fingerprint a person who has been arrested or noticed or summoned to appear to answer an information or indictment if:

(a) the charge is the commission of a felony or a misdemeanor except as provided in subsection (5);

(b) the identification of an accused is in issue; or

(c) it is required to do so by court order.

(4) Whenever a person charged with the commission of a felony or a misdemeanor is not arrested, the person shall appear before the sheriff, chief of police, or other concerned law enforcement officer for fingerprinting at the time of initial appearance in court to answer the information or indictment against the person. The individual being fingerprinted shall present the charging document, information, or citation at the time of fingerprinting, and the charging document, information, or citation must be returned to the individual after the fingerprints are taken.

(5) An individual who is issued a notice to appear or who is arrested for a misdemeanor traffic, regulatory, or fish and game offense may not be photographed or fingerprinted unless the individual is:

(a) incarcerated; or

(b) sentenced to a term of incarceration, whether or not the term of incarceration was suspended by the sentencing judge.

(6) Within 10 days, the originating agency shall send the state repository a copy of each fingerprint taken on a completed form provided by the state repository.

(7) The state repository shall compare the fingerprints received with those already on file in the state repository. If it is determined that the individual is wanted or is a fugitive from justice, the state repository shall at once inform the originating agency. If it is determined that the individual has a criminal record, the state repository shall send the originating agency a copy of the individual's complete criminal history record.

(8) If an individual is released without the filing of charges, if the charges did not result in a conviction, or if a conviction is later invalidated, the court having jurisdiction in the criminal action shall report the disposition to the state repository as required in 44-5-213 (2) within 14 business days. Photographs and fingerprints taken of the individual must be returned by the state repository to the originating agency, which shall expunge all copies. A criminal justice agency may not maintain any copies of the individual's fingerprints or photographs related to that charge or invalidated conviction.
Mont. Code Ann. § 44-5-502 — MT Code / Title 44 / Chapter 5 / Part 5 / Section 44-5-502
44-5-502 Definitions
Status: in_force

44-5-502 . Definitions. 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 .
Mont. Code Ann. § 44-3-104 — MT Code / Title 44 / Chapter 3 / Part 1 / Section 44-3-104
44-3-104 Functions of department
Status: in_force

44-3-104 . Functions of department. The forensics functions of the department of justice include operation of a division of forensic sciences.
Mont. Code Ann. § 44-4-1102 — MT Code / Title 44 / Chapter 4 / Part 11 / Section 44-4-1102
44-4-1102 Water right enforcement program
Status: in_force

44-4-1102 . Water right enforcement program. There is a water right enforcement program in the department of justice. The program staff may enforce the provisions of 85-2-114 . The program is under the supervision and control of the attorney general.
Mont. Code Ann. § 44-1-705 — MT Code / Title 44 / Chapter 1 / Part 7 / Section 44-1-705
44-1-705 Suspension pending hearing and decision
Status: in_force

44-1-705 . Suspension pending hearing and decision. If the department of justice orders a hearing, the chief may suspend such patrol officer pending the rendition of the decision made in such case.
Mont. Code Ann. § 44-2-303 — MT Code / Title 44 / Chapter 2 / Part 3 / Section 44-2-303
44-2-303 Federal cost sharing
Status: in_force

44-2-303 . Federal cost sharing. The attorney general shall contact federal law enforcement agencies or officials regarding cost sharing in the criminal justice information network. If federal funds are available, the attorney general may enter into cost-sharing agreements with the federal agencies. If federal funds are received in a biennium for which Montana funds have been appropriated, the funds must be deposited in the network's account and must be used, if possible, to reduce the spending of money appropriated from the general fund.
Mont. Code Ann. § 44-1-1002 — MT Code / Title 44 / Chapter 1 / Part 10 / Section 44-1-1002
44-1-1002 No authority in labor disputes
Status: in_force

44-1-1002 . No authority in labor disputes. Such highway patrol officers have no authority and are expressly forbidden to make arrests in labor disputes or to prevent violence in connection with strikes and may not perform any duties whatsoever in connection with labor disputes, strikes, or boycotts.
Mont. Code Ann. § 44-4-205 — MT Code / Title 44 / Chapter 4 / Part 2 / Section 44-4-205
44-4-205 Use of confidential plates and registrations
Status: in_force

44-4-205 . Use of confidential plates and registrations. (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 state by federal agencies and state agencies upon application to the attorney general.