Mont. Code Ann. § 44-7-126 — MT Code / Title 44 / Chapter 7 / Part 1 / Section 44-7-126
44-7-126 Criminal justice data warehouse -- purpose
Status: in_force

44-7-126 . Criminal justice data warehouse -- purpose. (1) (a) There is a criminal justice data warehouse housed in the board of crime control. The purpose of the criminal justice data warehouse is to receive, store, secure, and maintain data and information from contributing entities to facilitate analysis to assist state and local officials to make data-informed decisions about the criminal justice system.

(b) To fulfill this purpose, the legislature intends that the criminal justice data warehouse provide a complete and integrated criminal justice database that includes information that will allow, among other topics, the analysis of:

(i) the complete criminal history of all convictions and offenses committed by each offender convicted in district court in the state;

(ii) the date and term of each sentence and whether an offender was in custody or on probation at the time of the offense;

(iii) the length of time between a prior conviction and a successive crime for which an offender is convicted and sentenced;

(iv) the length of time between release from custody, probation, or parole to an arrest for a new offense;

(v) programming an offender received while in custody of the department of corrections and which entity provided the programming;

(vi) for offenders who committed offenses that involved a dangerous drug as defined in 50-32-101 , which dangerous drug was involved in the offense; and

(vii) whether an offender convicted of a crime in district court was on pretrial release at the time of the successive offense.

(2) (a) An agency and the court administrator shall contribute data and information to the criminal justice data warehouse on request by the board. A local government entity, a nongovernment entity, a tribal government, or a federal government entity may submit data and information to the criminal justice data warehouse.

(b) A contributing entity retains ownership of the data it contributes to the criminal justice data warehouse.

(3) As the administering agency of the criminal justice data warehouse, the board shall:

(a) adopt a memorandum of understanding with the department of administration for the provision of any technical assistance or services required to establish and maintain the criminal justice data warehouse;

(b) work in conjunction with the department of administration to assure the confidentiality of all records and data collected in the criminal justice data warehouse and to assure compliance with the applicable state and federal laws governing the privacy of records, data, and personally identifiable information;

(c) consult and collaborate with the council to prioritize data to request from contributing entities, data requests, and research using data from the criminal justice data warehouse;

(d) (i) identify and seek federal grant money that may be used for the purposes of establishing and maintaining the criminal justice data warehouse and achieving priorities established in law;

(ii) prioritize distribution of funds received pursuant to subsection (3)(d)(i) to contributing entities;

(e) adopt a memorandum of understanding with each contributing entity. The memorandum of understanding must describe the data and information being submitted and the schedule on which the data will be submitted and identify the confidentiality of the information and any conditions or restrictions on the use of the data or information; and

(f) grant the legislative fiscal analyst and the legislative services division director direct access to the criminal justice data warehouse in a manner that complies with the regulations of the respective federal programs.

(4) The board may:

(a) require an entity that contributes data or information to deliver the data or information in a certain format and on schedules established for the criminal justice data warehouse;

(b) collaborate with the council and contributing entities to establish policies to address the creation of reports generated through the query of records and data in the criminal justice data warehouse. A nongovernment entity may only collaborate with respect to the data or information contributed by that nongovernment entity; and

(c) adopt a standard memorandum of understanding that state and local criminal justice entities and the courts may use to govern data-sharing agreements.
Mont. Code Ann. § 44-2-113 — MT Code / Title 44 / Chapter 2 / Part 1 / Section 44-2-113
44-2-113 Qualifications of agents
Status: in_force

44-2-113 . Qualifications of agents. Each agent must be a person qualified by experience, training, and high professional competence in criminal investigation. Each agent shall meet all the requirements of 7-32-303 .
Mont. Code Ann. § 44-1-612 — MT Code / Title 44 / Chapter 1 / Part 6 / Section 44-1-612
44-1-612 Cause for suspension, demotion, or discharge
Status: in_force

44-1-612 . Cause for suspension, demotion, or discharge. Cause for suspension, demotion, or discharge is:

(1) conviction of any crime involving moral turpitude in any court of competent jurisdiction subsequent to the commencement of such employment;

(2) gross neglect of duty or willful violation or disobedience of orders or regulations;

(3) loitering about or entering places of ill fame or ill repute or in which illegal gambling is known to be conducted or to be in progress, except in the immediate discharge of duty;

(4) conduct unbecoming an officer;

(5) drinking intoxicating liquor while using state-owned cars or in uniform or being intoxicated in a public place;

(6) sleeping while on duty;

(7) incapacity or partial incapacity materially affecting ability to perform official duties;

(8) gross inefficiency in performing duties; or

(9) willful disobedience of rules adopted by the department of justice governing the conduct and discipline of members of the patrol.
Mont. Code Ann. § 44-2-313 — MT Code / Title 44 / Chapter 2 / Part 3 / Section 44-2-313
44-2-313 Payment of charge
Status: in_force

44-2-313 . Payment of charge. With the exception of federal agencies that require quarterly billing, the charge authorized in 44-2-312 must be billed annually to the agencies. Payments made as a result of the billing must be remitted to the attorney general and deposited in a special revenue account in the state treasury.
Mont. Code Ann. § 44-2-402 — MT Code / Title 44 / Chapter 2 / Part 4 / Section 44-2-402
44-2-402 Dental examination -- records -- report
Status: in_force

44-2-402 . Dental examination -- records -- report. (1) If the coroner cannot identify a body, the coroner or the state medical examiner must have a dentist examine the body, and if the body cannot be identified from the dental examination, the coroner or state medical examiner shall send the dental examination results to the department of justice on a form supplied by the department.

(2) The department is a repository for dental examination records filed with it under this section. The department shall compare the records with dental records filed with it pursuant to 44-2-401 in an attempt to identify the body and shall submit any findings to the coroner or state medical examiner.
Mont. Code Ann. § 44-7-203 — MT Code / Title 44 / Chapter 7 / Part 2 / Section 44-7-203
44-7-203 Program costs
Status: in_force

44-7-203 . Program costs. The costs incurred by the Montana board of crime control in administering the domestic violence intervention program must be paid with money from the domestic violence intervention account established by 44-7-202 . The board may use up to 10% of the money deposited in the account for administrative costs. The board shall keep costs to a minimum and shall use the board's existing office space, personnel, equipment, and supplies to the extent possible.
Mont. Code Ann. § 44-7-302 — MT Code / Title 44 / Chapter 7 / Part 3 / Section 44-7-302
44-7-302 Restorative justice grants
Status: in_force

44-7-302 . Restorative justice grants. (1) The purposes of the restorative justice grant programs are to:

(a) promote the use of restorative justice practices throughout the state; and

(b) provide technical assistance to local and state jurisdictions and organizations interested in implementing the principles of restorative justice.

(2) For the purposes of this part, the term "restorative justice" means criminal justice practices that elevate the role of crime victims and community members in the criminal justice process, hold offenders directly accountable to the people and communities they have harmed, restore emotional and material losses, and provide a range of opportunities for victim, offender, and community dialogue, negotiation, and problem solving to bring about a greater sense of justice, repair harm, provide restitution, reduce incarceration and recidivism rates, and increase public safety.

(3) A restorative justice program eligible for grant funding pursuant to this section shall use evidence-based practices, which may include but are not limited to facilitated victim-offender meetings, family group conferencing, sentencing circles, victim impact panels, offender accountability letters, restitution programs, constructive community service, victim awareness education, victim empathy programs, school expulsion alternatives, peer mediation, diversion programs, and community panels.

(4) (a) The board of crime control shall actively seek federal grant money that may be used for the purposes of this section.

(b) The board shall produce a biennial report summarizing the grants provided, how the grant money was spent, and the program data and information reported by grant recipients.

(c) The board shall report to the law and justice interim committee in accordance with 5-11-210 regarding the status and performance of the restorative justice grant programs established in this section.
Mont. Code Ann. § 44-2-504 — MT Code / Title 44 / Chapter 2 / Part 5 / Section 44-2-504
44-2-504 Reports to missing children information program -- custodial interference
Status: in_force

44-2-504 . Reports to missing children information program -- custodial interference. (1) All law enforcement authorities in the state shall submit information regarding a missing child to the missing children information program provided for in 44-2-503 .

(2) Any parent, guardian, or legal custodian may submit a missing child report to the missing children information program on any child whose whereabouts is unknown, regardless of the circumstances, subsequent to making a report to the appropriate law enforcement authority.

(3) The parent, guardian, or legal custodian responsible for notifying the missing children information program or a law enforcement authority of a missing child shall immediately notify the authority and the program if the child's location has been determined.

(4) When a law enforcement authority takes a report of what the authority reasonably believes is custodial interference, as described in 45-5-304 , the authority shall also collect detailed biographical and contact information for all involved parties, including the reporting party, any alleged suspects, and the alleged missing or involved child. If the whereabouts of the involved child is unknown, the law enforcement authority shall file a missing child report.
Mont. Code Ann. § 44-11-202 — MT Code / Title 44 / Chapter 11 / Part 2 / Section 44-11-202
44-11-202 Employing entity to pay normal expenses of assisting officer -- reimbursement
Status: in_force

44-11-202 . Employing entity to pay normal expenses of assisting officer -- reimbursement. (1) The law enforcement entity employing a peace officer who renders assistance shall make all wage, pension, and disability payments and payments for damage to clothing and equipment due to the officer as a result of the rendering of assistance and shall pay any medical expense incurred by the officer in rendering assistance for which the officer is not otherwise entitled to reimbursement by operation of law or a contract. The employing entity shall also provide workers' compensation coverage for its employees while they are rendering assistance.

(2) If it so requests, the law enforcement entity must be reimbursed by the law enforcement entity that requested the services for all payments made for wages and damage to clothing and equipment and for any medical expense for which neither the employing entity nor the officer is otherwise entitled to reimbursement by operation of law or a contract.
Mont. Code Ann. § 44-15-112 — MT Code / Title 44 / Chapter 15 / Part 1 / Section 44-15-112
44-15-112 Penalty
Status: in_force

44-15-112 . Penalty. (1) A violation of this part constitutes an injury and a person may institute proceedings for injunctive relief, declaratory relief, or writ of mandate in a court of competent jurisdiction to enforce this part.

(2) A person who has been subjected to facial recognition technology in violation of this part or about whom information has been obtained, retained, accessed, or used in violation of this part may institute proceedings in a court of competent jurisdiction.

(3) A public employee or public official who, in the performance of their official duties, violates this part may be subject to disciplinary action, including but not limited to retraining, suspension, or termination, subject to the requirements of due process and of an applicable collective bargaining agreement.

(4) A prevailing party may recover for each violation:

(a) against an entity that negligently violates a provision of this part, $1,000 or actual damages, whichever is greater;

(b) against an entity that intentionally or recklessly violates a provision of this part, $5,000 or actual damages, whichever is greater;

(c) against an entity that negligently violates a provision of 44-15-104 or 44-15-105 , $5,000 or actual damages, whichever is greater;

(d) against an entity that intentionally or recklessly violates a provision of 44-15-104 or 44-15-105 , $10,000 or actual damages, whichever is greater;

(e) reasonable attorney fees and costs, including expert witness fees and other litigation expenses; and

(f) other relief, including an injunction, as the court may consider appropriate.

(5) The attorney general may bring an action to enforce this part. In an action brought by the attorney general, a violation of this part is subject to a civil penalty of $10,000 or actual damages, whichever is greater, for each violation.

(6) Nothing in this section limits the rights under state or federal law of a person injured or aggrieved by a violation of this section.
Mont. Code Ann. § 44-5-215 — MT Code / Title 44 / Chapter 5 / Part 2 / Section 44-5-215
44-5-215 Challenge and correction
Status: in_force

44-5-215 . Challenge and correction. (1) After inspection of criminal history record information, an individual may contest the accuracy or completeness, or both, of the information about that individual.

(2) If the agency maintaining the criminal history record information does not correct it to the individual's satisfaction, the individual may request review and correction by the executive head of the agency.

(3) If the requested correction is denied by the head of the agency, the individual may present a challenge to the department of justice.

(4) If the agency in charge of the record in question can verify the accuracy of its record by communication with the originating criminal justice agency, it shall do so. If accuracy or completeness cannot be verified and the agency primarily originating the information containing the alleged error or omission is in the state, the individual shall address the challenge to that agency. If information necessary to verify the accuracy or completeness of the record cannot be obtained by the originating agency, it may rely on verified written documents or include the individual's allegation in its records in dissemination until there is a final disposition of the challenge.

(5) If the challenge is successful, the agency shall:

(a) supply to the individual, if requested, a list of those noncriminal justice agencies that have received copies of the criminal history record information about the individual; and

(b) immediately correct its records and notify all criminal justice agencies to which it has given erroneous or incomplete information of these changes.
Mont. Code Ann. § 44-5-503 — MT Code / Title 44 / Chapter 5 / Part 5 / Section 44-5-503
44-5-503 Duties of section
Status: in_force

44-5-503 . Duties of section. The section may not initiate investigations to gather criminal intelligence information, but subject to standards and procedures provided by this part and to other limitations imposed by law, the section shall:

(1) establish and maintain liaison with participating law enforcement agencies to foster a meaningful exchange of criminal intelligence information;

(2) develop and maintain a system for collecting, reviewing, storing, referencing, indexing, and disseminating criminal intelligence information;

(3) receive and collect information from participating law enforcement agencies;

(4) develop an analytical capability to provide useful strategic and tactical intelligence reports;

(5) maintain the integrity and security of all information collected by the section; and

(6) develop methods of evaluating the effectiveness of the section in accomplishing its goals and in safeguarding the privacy of all individuals about whom the section has information.
Mont. Code Ann. § 44-1-106 — MT Code / Title 44 / Chapter 1 / Part 1 / Section 44-1-106
44-1-106 Authority of department of justice to dispose of equipment
Status: in_force

44-1-106 . Authority of department of justice to dispose of equipment. The department of justice shall have authority to destroy, sell, or dispose of any and all obsolete equipment, uniforms, or parts of obsolete equipment or uniforms. Any money received from the sale of these items must be deposited into the state treasury in the fund and to the credit of the accounting entity from which it was originally purchased.
Mont. Code Ann. § 44-5-214 — MT Code / Title 44 / Chapter 5 / Part 2 / Section 44-5-214
44-5-214 Inspection or transfer of criminal history records
Status: in_force

44-5-214 . Inspection or transfer of criminal history records. (1) An individual or the individual's agent may inspect any criminal history record information maintained about the individual or transfer copies of that information to any other person upon the presentation of satisfactory identification to the criminal justice agency maintaining the criminal history record information. Fingerprints may be required for identification. An agent must also submit a notarized authorization from the agent's principal or an authorization order from a district court.

(2) If an individual's criminal history record information is maintained in the state repository, copies of the records shall be transferred to the local agency for inspection upon proper request of the individual or the individual's agent. A local agency shall honor a verified affidavit accompanying a request by an individual for a transfer of copies of criminal history record information concerning that individual to a criminal justice agency of another state for the purpose of complying with this chapter.

(3) (a) An individual may request inspection or transfer of copies, or both, of criminal history record information only during normal working hours.

(b) Copies of records may be made by or at the request of a properly identified individual or the individual's authorized agent. If a machine for making copies is not reasonably available, the individual or the individual's agent may make handwritten copies. A charge may be made by the agency for the cost of supplying the copies. Each copy must be clearly marked to indicate that it is for inspection only.

(c) An agency employee should be available to answer questions concerning record content. A record of each request to inspect records under this section must be maintained.
Mont. Code Ann. § 44-4-1502 — MT Code / Title 44 / Chapter 4 / Part 15 / Section 44-4-1502
44-4-1502 Eligibility for benefit or service
Status: in_force

44-4-1502 . Eligibility for benefit or service. (1) A victim of human trafficking is eligible for a benefit or service available through the state, including compensation under Title 53, chapter 9, part 1, regardless of immigration status.

(2) A child who has engaged in commercial sexual activity is eligible for a benefit or service available through the state, including compensation under Title 53, chapter 9, part 1, regardless of immigration status or factors described in 53-9-125 .

(3) As soon as practicable after a first encounter with a person who reasonably appears to be a victim of human trafficking or a child who has engaged in commercial sexual activity, law enforcement shall notify the appropriate state agency that the person may be eligible for a benefit or service under the laws of this state.

(4) For the purposes of this part, the terms "commercial sexual activity" and "human trafficking" have the meanings provided in 45-5-701 .
Mont. Code Ann. § 44-4-402 — MT Code / Title 44 / Chapter 4 / Part 4 / Section 44-4-402
44-4-402 Membership -- composition
Status: in_force

44-4-402 . Membership -- composition. (1) The council consists of no more than 13 voting members appointed by the governor in accordance with 2-15-124 and as provided in this section.

(2) Membership must include:

(a) one state government law enforcement representative;

(b) one chief of police, who may be appointed based on recommendations from the Montana association of chiefs of police;

(c) one sheriff, who may be appointed based on recommendations from the Montana sheriffs and peace officers association;

(d) one representative from the department of corrections established in 2-15-2301 ;

(e) one local law enforcement officer in a nonadministrative position, who may be appointed based on recommendations from the Montana police protective association;

(f) one detention center administrator or detention officer;

(g) one Montana-certified tribal law enforcement representative;

(h) one county attorney, who may be appointed based on recommendations from the Montana county attorneys association;

(i) one member of the board of crime control established in 2-15-2008 ;

(j) one public safety communications officer as defined in 7-31-201 who may be appointed based on recommendations from the Montana chapter of the association of public-safety communications officials;

(k) one misdemeanor probation officer, as defined in 46-23-1001 , who is certified by the Montana public safety officer standards and training council and who may be appointed based on recommendations from an association representing misdemeanor probation officers; and

(l) two Montana citizens who are informed and experienced in the subject of law enforcement.
Mont. Code Ann. § 44-7-115 — MT Code / Title 44 / Chapter 7 / Part 1 / Section 44-7-115
44-7-115 Prosecution diversion program -- rulemaking
Status: in_force

44-7-115 . Prosecution diversion program -- rulemaking. (1) Within the limits of available funds, the board of crime control shall develop and administer a prosecution diversion grant program to encourage local adoption of prosecution diversion programs under 46-16-130 .

(2) Grant funds may be used for staff, to provide supervision, or to contract for program services for defendants in the program. A county attorney or a nonprofit organization contracting with a county attorney may be eligible for a grant.

(3) In administering the prosecution diversion 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 necessary to implement this section.

(4) (a) Grants available under subsection (1) consist of state appropriations and federal funds received by the board for the purposes of administering the prosecution diversion program or any funds received pursuant to subsection (4)(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. § 44-1-902 — MT Code / Title 44 / Chapter 1 / Part 9 / Section 44-1-902
44-1-902 Action by court
Status: in_force

44-1-902 . Action by court. The district court shall review a decision or determination appealed pursuant to 44-1-901 (1)(a) under the standard of review provided in 2-4-704 and render its decision within 90 days from the filing of the appeal.
Mont. Code Ann. § 44-1-807 — MT Code / Title 44 / Chapter 1 / Part 8 / Section 44-1-807
44-1-807 Length of suspension
Status: in_force

44-1-807 . Length of suspension. A member under suspension shall be on leave without pay for a period not to exceed 30 days.
Mont. Code Ann. § 44-1-704 — MT Code / Title 44 / Chapter 1 / Part 7 / Section 44-1-704
44-1-704 When department of justice to order hearing
Status: in_force

44-1-704 . When department of justice to order hearing. When charges are filed and the department of justice believes that such charge or charges constitute grounds for suspension, demotion, or discharge, it shall order a hearing to be had thereon before it and fix a time for such hearing.
Mont. Code Ann. § 44-10-101 — MT Code / Title 44 / Chapter 10 / Part 1 / Section 44-10-101
44-10-101 Short title
Status: in_force

44-10-101 . Short title. This chapter may be cited as the "Montana Law Enforcement Academy Act".
Mont. Code Ann. § 44-11-312 — MT Code / Title 44 / Chapter 11 / Part 3 / Section 44-11-312
44-11-312 Effect of other law
Status: in_force

44-11-312 . Effect of other law. The procedures and remedies provided in this part apply to the exclusion of those remedies and procedures for interlocal agreements generally under Title 7, chapter 11, part 1.
Mont. Code Ann. § 44-4-111 — MT Code / Title 44 / Chapter 4 / Part 1 / Section 44-4-111
44-4-111 Request for special counsel services
Status: in_force

44-4-111 . Request for special counsel services. (1) Except as provided in subsection (2), the training coordinator may act as special counsel upon request of the county attorney with the approval of the governing body of a county.

(2) If a case involves the prosecution of a member of the governing body of a county or a person related to a member by consanguinity within the fourth degree or affinity within the second degree, the coordinator may, with the consent of the attorney general, act as special counsel upon request of the county attorney without approval of the governing body of the county.
Mont. Code Ann. § 44-7-303 — MT Code / Title 44 / Chapter 7 / Part 3 / Section 44-7-303
44-7-303 Restorative justice fund created -- source of funding -- use of fund
Status: in_force

44-7-303 . Restorative justice fund created -- source of funding -- use of fund. (1) There is an account in the state special revenue fund established by 17-2-102 to be known as the restorative justice fund.

(2) There must be deposited in the account:

(a) money received from legislative allocations;

(b) a transfer of money from a state or local agency for the purposes of 44-7-302 ;

(c) a gift, donation, grant, legacy, bequest, or devise made for the purposes of 44-7-302 ; and

(d) money received by the department of justice for the purpose of administering 46-15-411 (2).

(3) Except as provided in subsection (2)(d), the fund may be used only to provide grants for restorative justice programs as provided in 44-7-302 to community-based, including faith-based, organizations.
Mont. Code Ann. § 44-5-305 — MT Code / Title 44 / Chapter 5 / Part 3 / Section 44-5-305
44-5-305 Dissemination of copied or inspected records
Status: in_force

44-5-305 . Dissemination of copied or inspected records. (1) Criminal justice agencies shall maintain a record of all agencies and individuals to which or whom copies of criminal history record information have been disseminated.

(2) A criminal justice agency supplying criminal history record information to an individual upon request is not responsible for the use or secondary dissemination of copied or inspected information and is not required to furnish updated information except upon a subsequent request by the individual.
Mont. Code Ann. § 44-5-112 — MT Code / Title 44 / Chapter 5 / Part 1 / Section 44-5-112
44-5-112 Sanctions
Status: in_force

44-5-112 . Sanctions. The sanctions provided in 44-2-205 apply to any knowing or purposeful violation of this chapter.
Mont. Code Ann. § 44-5-307 — MT Code / Title 44 / Chapter 5 / Part 3 / Section 44-5-307
44-5-307 Use of criminal history record information account -- staffing -- funding
Status: in_force

44-5-307 . Use of criminal history record information account -- staffing -- funding. (1) The department of justice may establish fees for the dissemination of criminal history record information. Revenue from the fees must be deposited in the account provided for in 44-5-306 .

(2) The money in the account provided for in 44-5-306 must be used by the department of justice to pay for the costs associated with the dissemination of criminal history record information.

(3) The costs associated with the dissemination of criminal history record information include adequate staffing to provide for the dissemination service. The department of justice may add staff or incur operational costs, or both, pursuant to 17-7-402 . The authority to add staff or incur operational costs must be based on the following:

(a) an additional 5,000 criminal history record information requests, above the number received in 2001, must be received and must involve fingerprint processing; or

(b) an additional 7,500 criminal history record information requests, above the number received in 2001, must be received and must involve screening.
Mont. Code Ann. § 44-2-315 — MT Code / Title 44 / Chapter 2 / Part 3 / Section 44-2-315
44-2-315 Removal from network upon nonpayment
Status: in_force

44-2-315 . Removal from network upon nonpayment. Law enforcement agencies, other than the state of Montana or any of its subdivisions, that become 120 days delinquent in payment of any fees approved and assessed must be notified that they will be removed from the criminal justice information network, and the department of justice shall take the necessary steps to carry out this provision.
Mont. Code Ann. § 44-5-105 — MT Code / Title 44 / Chapter 5 / Part 1 / Section 44-5-105
44-5-105 Department of justice -- powers
Status: in_force

44-5-105 . Department of justice -- powers. The department of justice may:

(1) adopt rules necessary to carry out the purposes of this chapter;

(2) hear and decide contested cases or challenges that may arise under the provisions of the Montana Administrative Procedure Act;

(3) conduct audits of the criminal history record information systems of a representative sample of state and local criminal justice agencies chosen annually on a random basis to determine whether they are in compliance with the provisions of this chapter.
Mont. Code Ann. § 44-4-1705 — MT Code / Title 44 / Chapter 4 / Part 17 / Section 44-4-1705
44-4-1705 Report required
Status: in_force

44-4-1705 . Report required. The department of justice shall report annually to the law and justice interim committee in accordance with 5-11-210 on the activities of the sexual assault response network program and the sexual assault response team committee under 2-15-2035 and this part.
Mont. Code Ann. § 44-1-101 — MT Code / Title 44 / Chapter 1 / Part 1 / Section 44-1-101
44-1-101 Creation of highway patrol
Status: in_force

44-1-101 . Creation of highway patrol. There is hereby created a "Montana highway patrol" under the control and supervision of the department of justice.
Mont. Code Ann. § 44-3-205 — MT Code / Title 44 / Chapter 3 / Part 2 / Section 44-3-205
44-3-205 Deputy state medical examiner
Status: in_force

44-3-205 . Deputy state medical examiner. Deputy state medical examiners are hired and supervised by the state medical examiner. Deputy state medical examiners must be physicians licensed to practice medicine in Montana and must be board-certified or eligible to be board-certified in forensic pathology. Board certification is required within 5 years of eligibility.
Mont. Code Ann. § 44-4-1704 — MT Code / Title 44 / Chapter 4 / Part 17 / Section 44-4-1704
44-4-1704 Sexual assault response network program coordinator -- establish -- general duties
Status: in_force

44-4-1704 . Sexual assault response network program coordinator -- establish -- general duties. (1) The department of justice shall employ a sexual assault response network program coordinator.

(2) The program coordinator shall administer the powers and duties of the program and committee as provided for in 2-15-2035 and this part.
Mont. Code Ann. § 44-1-501 — MT Code / Title 44 / Chapter 1 / Part 5 / Section 44-1-501
44-1-501 Payment of expenses
Status: in_force

44-1-501 . Payment of expenses. The highway patrol must be partially funded from the highway patrol administration account established in 44-1-110 .
Mont. Code Ann. § 44-5-506 — MT Code / Title 44 / Chapter 5 / Part 5 / Section 44-5-506
44-5-506 Participating agencies
Status: in_force

44-5-506 . Participating agencies. (1) Agencies eligible for participation in the section are:

(a) municipal police departments;

(b) sheriff's offices; and

(c) sections of the department of justice engaged in criminal investigation.

(2) A participant in the section must be an eligible agency that has been authorized by the attorney general to receive criminal intelligence information from the section under this part.
Mont. Code Ann. § 44-4-102 — MT Code / Title 44 / Chapter 4 / Part 1 / Section 44-4-102
44-4-102 Appointment
Status: in_force

44-4-102 . Appointment. The training coordinator shall be appointed by the attorney general from a list of three names proposed and submitted by the Montana county attorneys' association.
Mont. Code Ann. § 44-5-311 — MT Code / Title 44 / Chapter 5 / Part 3 / Section 44-5-311
44-5-311 Nondisclosure of information about victim
Status: in_force

44-5-311 . Nondisclosure of information about victim. (1) If a victim of an offense requests confidentiality, a criminal justice agency may not disseminate, except to another criminal justice agency, the address, telephone number, or place of employment of the victim or a member of the victim's family unless disclosure is of the location of the crime scene, is required by law, is necessary for law enforcement purposes, or is authorized by a district court upon a showing of good cause.

(2) The court may not compel a victim or a member of the victim's family who testifies in a criminal justice proceeding to disclose on the record in open court a residence address or place of employment unless the court determines that disclosure of the information is necessary.

(3) A criminal justice agency may not disseminate to the public any information directly or indirectly identifying the victim of an offense committed under 45-5-502 , 45-5-503 , 45-5-504 , 45-5-507 , 45-5-702 , 45-5-703 , 45-5-705 , 45-5-706 , or 45-5-711 unless disclosure is of the location of the crime scene, is required by law, is necessary for law enforcement purposes, or is authorized by a district court upon a showing of good cause.
Mont. Code Ann. § 44-4-202 — MT Code / Title 44 / Chapter 4 / Part 2 / Section 44-4-202
44-4-202 Authority of attorney general to adopt rules
Status: in_force

44-4-202 . Authority of attorney general to adopt rules. The attorney general may adopt rules necessary to implement the provisions of this part and to prevent the abuse or misuse of confidential registration plates.
Mont. Code Ann. § 44-5-405 — MT Code / Title 44 / Chapter 5 / Part 4 / Section 44-5-405
44-5-405 Personnel
Status: in_force

44-5-405 . Personnel. Each automated or manual criminal justice information system, except those that are or may be maintained by courts of criminal jurisdiction, shall establish the following procedures to ensure that personnel security is achieved and maintained:

(1) Applicants for employment and persons presently employed to work with or in a computer center or manual system that processes criminal justice information are subject to investigation by the employing agency to establish their honesty and fitness to handle sensitive information. Consent to such an investigation may be a prerequisite to the processing of an employment application.

(2) The character and fitness of criminal justice information system personnel to handle sensitive information, including personnel working with manual criminal justice file systems and terminal operators as well as personnel working with the system at a central computer, shall be reviewed by the employing agency periodically. Serious violations or deficiencies under this section are grounds for dismissal.

(3) Each criminal justice agency shall develop and maintain an inservice training program and security manual to ensure that each employee who works with or has access to the criminal justice information system annually reviews and understands the nature and importance of the system's security provisions.

(4) With regard to automated systems, the criminal justice agency shall screen and may reject for employment and initiate or cause to be initiated administrative action relating to employees having direct access to criminal history record information as required by federal regulations in 28 CFR section 20.21(f) or any amendment thereto.
Mont. Code Ann. § 44-4-1503 — MT Code / Title 44 / Chapter 4 / Part 15 / Section 44-4-1503
44-4-1503 Law enforcement protocol
Status: in_force

44-4-1503 . Law enforcement protocol. (1) On request from a person who a law enforcement officer reasonably believes is a victim who is or has been subjected to a severe form of trafficking or criminal offense required for the person to qualify for a nonimmigrant T or U visa under 8 U.S.C. 1101(a)(15)(T) or 8 U.S.C. 1101(a)(15)(U) or for continued presence under 22 U.S.C. 7105(c)(3), the law enforcement officer, as soon as practicable after receiving the request, shall complete, sign, and give to the person the Form I-914B or Form I-918B provided by the United States citizenship and immigration services on its website and ask a federal law enforcement officer to request continued presence.

(2) If the law enforcement agency determines that a person does not meet the requirements for the agency to comply with subsection (1), the agency shall inform the person of the reason and that the person may make another request and submit additional evidence satisfying the requirements.
Mont. Code Ann. § 44-1-701 — MT Code / Title 44 / Chapter 1 / Part 7 / Section 44-1-701
44-1-701 Authority of department of justice to suspend or demote
Status: in_force

44-1-701 . Authority of department of justice to suspend or demote. When the department of justice has cause to believe that any member of the highway patrol has violated any of the grounds for suspension, demotion, or discharge, it may impose a suspension without pay for up to 10 days without filing charges and conducting a hearing under part 8.
Mont. Code Ann. § 44-5-303 — MT Code / Title 44 / Chapter 5 / Part 3 / Section 44-5-303
44-5-303 Dissemination of confidential criminal justice information -- procedure for dissemination through court -- notice and objection to disclosure
Status: in_force

44-5-303 . Dissemination of confidential criminal justice information -- procedure for dissemination through court -- notice and objection to disclosure. (1) Except as provided in subsections (2) through (4), dissemination of confidential criminal justice information is restricted to criminal justice agencies, to those authorized by law to receive it, and to those authorized to receive it by a district court upon a written finding that the demands of individual privacy do not clearly exceed the merits of public disclosure. Permissible dissemination of confidential criminal justice information under this subsection includes receiving investigative information from and sharing investigative information with a chief of a governmental fire agency organized under Title 7, chapter 33, or fire marshal concerning the criminal investigation of a fire.

(2) If the prosecutor determines that dissemination of confidential criminal justice information would not jeopardize a pending investigation or other criminal proceeding, the information may be disseminated to a victim of the offense by the prosecutor or by the investigating law enforcement agency after consultation with the prosecutor.

(3) Unless otherwise ordered by a court, a person or criminal justice agency that accepts confidential criminal justice information assumes equal responsibility for the security of the information with the originating agency. Whenever confidential criminal justice information is disseminated, it must be designated as confidential.

(4) The county attorney or the county attorney's designee is authorized to receive confidential criminal justice information for the purpose of cooperating with local fetal, infant, child, and maternal mortality review teams. The county attorney or the county attorney's designee may, in that person's discretion, disclose information determined necessary to the goals of the review team. The review team and the county attorney or the designee shall maintain the confidentiality of the information.

(5) (a) If a prosecutor receives a written request for release of confidential criminal justice information relating to a criminal investigation that has been terminated by declination of prosecution or relating to a criminal prosecution that has been completed by entry of judgment, dismissal, or acquittal, or if the disclosure may be in the public interest, the prosecutor may file a declaratory judgment action with the district court pursuant to the provisions of the Uniform Declaratory Judgments Act, Title 27, chapter 8, for release of the information. The prosecutor shall:

(i) file the action in the name of the city or county that the prosecutor represents and describe the city's or county's interest;

(ii) list as defendants anyone known to the prosecutor who has requested the confidential criminal justice information;

(iii) no later than the time of the filing of the declaratory judgment action:

(A) make reasonable efforts to provide notice to a victim of the alleged offense and any person with a protected privacy interest in information contained in the confidential criminal justice information and any other individual who would be affected by release of the information of the request for release of confidential criminal justice information and the filing of the declaratory judgment action; and

(B) provide notice that the person may file an objection to disclosure with the district court if the person believes a privacy interest that they possess exceeds the merits of public disclosure;

(iv) request that the prosecutor be allowed to deposit the investigative file and any edited version of the file with the court pursuant to the provisions of Title 27, chapter 8; and

(v) request the court to:

(A) no sooner than 30 calendar days following the filing of the declaratory judgment action to ensure an opportunity for a person seeking to protect a privacy interest, conduct an in camera review of the confidential criminal justice information to determine whether the demands of individual privacy do not clearly exceed the merits of public disclosure; and

(B) order the release to the requesting party defendant of whatever portion of the investigative information or edited version of the information the court determines appropriate.

(b) In making an order authorizing the release of information under subsection (5)(a), the court shall make a written finding that the demands of individual privacy do not clearly exceed the merits of public disclosure and authorize, upon payment of reasonable reproduction costs, the release of appropriate portions of the edited or complete confidential criminal justice information to persons who request the information.

(c) In an action filed for the court-ordered release of confidential criminal justice information under subsection (5)(a), the parties shall bear their respective costs and attorney fees.

(6) The procedures set forth in subsection (5) are not an exclusive remedy. A person or organization may file any action for dissemination of information that the person or organization considers appropriate and permissible.
Mont. Code Ann. § 44-1-201 — MT Code / Title 44 / Chapter 1 / Part 2 / Section 44-1-201
44-1-201 Appointment and tenure
Status: in_force

44-1-201 . Appointment and tenure. The attorney general shall select a highway patrol chief who must have the rank of colonel and shall hold office until the appointment has terminated for cause, as set forth in parts 7 through 9 of this chapter.
Mont. Code Ann. § 44-7-301 — MT Code / Title 44 / Chapter 7 / Part 3 / Section 44-7-301
44-7-301 Intent
Status: in_force

44-7-301 . Intent. The legislature recognizes that incarcerating offenders carries an extremely high cost and may not be the most effective strategy for restoring victims, reforming offenders, and reducing recidivism. It is the intent of 44-7-302 to have the board of crime control apply for grants that will provide funds to state and local entities that establish restorative justice programs to divert from incarceration appropriate offenders who are at low risk for violence. It is also the intent that restorative justice programs be supported by federal, state, and local funds.
Mont. Code Ann. § 44-2-116 — MT Code / Title 44 / Chapter 2 / Part 1 / Section 44-2-116
44-2-116 Cooperation of state agencies
Status: in_force

44-2-116 . Cooperation of state agencies. All state departments and agencies shall cooperate with such agents and assisting personnel in providing transportation and educational and laboratory facilities for their use when so requested.
Mont. Code Ann. § 44-1-402 — MT Code / Title 44 / Chapter 1 / Part 4 / Section 44-1-402
44-1-402 Appointment of supervisory personnel
Status: in_force

44-1-402 . Appointment of supervisory personnel. Supervisory personnel shall be selected from the patrol officers by the chief. The chief shall designate supervisory personnel, including but not limited to captains, lieutenants, sergeants, and patrol officers, in such numbers as necessary but within the limits of the legislative appropriation made available for such purposes.
Mont. Code Ann. § 44-4-1602 — MT Code / Title 44 / Chapter 4 / Part 16 / Section 44-4-1602
44-4-1602 Findings -- intent
Status: in_force

44-4-1602 . Findings -- intent. (1) Montana finds that the continued planning and development of a unified statewide public safety communications system must be conducted in an organized, deliberate, and cost-effective manner.

(2) It is the intent of this part to guide future planning for and efforts to sustain the statewide public safety communications system by:

(a) creating and communicating operational recommendations and guidelines applicable to all state agencies and other entities using the statewide public safety communications system to improve overall satisfaction with the communications system, to increase the adoption of recommendations and guidelines, and to set a benchmark for user expectations;

(b) developing a sustainable maintenance plan for the statewide public safety communications system to ensure that the existing statewide public safety communications system remains operational and reliable;

(c) establishing a plan to fund upgrades, modifications, maintenance, or migration of technology within the statewide public safety communications system;

(d) ensuring that public-private partnerships are used to expand, modify, migrate, operate, and maintain the statewide public safety communications system in a cost-effective manner to achieve the objectives and required functionality of the system;

(e) to the greatest extent possible, encouraging the use of nonproprietary, standards-based, and commercially available technology to allow a wide array of system options and cost-effective deployments;

(f) ensuring that the primary purpose of the statewide public safety communications system is to enable participating agencies to fulfill their respective missions, and not to implement a specific technology or standard; and

(g) requiring that future modifications, expansions, or migrations of the statewide public safety communications system are developed in cooperation with federal, state, tribal, and local governments and private industry with a goal to provide seamless access to mission-critical voice, data, or both voice and data communications to the greatest extent possible.
Mont. Code Ann. § 44-1-303 — MT Code / Title 44 / Chapter 1 / Part 3 / Section 44-1-303
44-1-303 Duties
Status: in_force

44-1-303 . Duties. The chief, with the approval of the attorney general and within the limits of any appropriation made available for the following purposes:

(1) shall designate the authority and responsibility in each rank, grade, and position;

(2) shall formulate standards, policies, and qualifications in the selection of recruit patrol officers;

(3) shall prescribe the official uniform of the Montana highway patrol;

(4) shall station employees in localities that the chief considers advisable for the enforcement of the traffic laws of this state;

(5) shall charge against each employee the value of property of the state lost or destroyed through the carelessness or neglect of the employee;

(6) shall discharge, demote, or temporarily suspend after hearing, as provided in parts 7 and 8 of this chapter, any patrol officer of the department;

(7) must have purchased or otherwise acquired by the purchasing department of the state motor vehicles and all other equipment and commodities that the chief considers essential to the efficient operation of the Montana highway patrol.
Mont. Code Ann. § 44-3-101 — MT Code / Title 44 / Chapter 3 / Part 1 / Section 44-3-101
44-3-101 Short title
Status: in_force

44-3-101 . Short title. This chapter shall be known as the "Montana Forensic Science System Act".
Mont. Code Ann. § 44-4-112 — MT Code / Title 44 / Chapter 4 / Part 1 / Section 44-4-112
44-4-112 County payment for special counsel services
Status: in_force

44-4-112 . County payment for special counsel services. Whenever the training coordinator acts as special counsel as provided in 44-4-111 , the department of justice shall charge the county a reasonable hourly fee for the training coordinator's services. Upon receipt of payment for these services, the department shall deposit these funds into the state general fund.
Mont. Code Ann. § 44-5-102 — MT Code / Title 44 / Chapter 5 / Part 1 / Section 44-5-102
44-5-102 Purpose
Status: in_force

44-5-102 . Purpose. The purpose of this chapter is to require the photographing and fingerprinting of persons under certain circumstances, to ensure the accuracy and completeness of criminal history information, and to establish effective protection of individual privacy in confidential and nonconfidential criminal justice information collection, storage, and dissemination.
Mont. Code Ann. § 44-11-102 — MT Code / Title 44 / Chapter 11 / Part 1 / Section 44-11-102
44-11-102 Liability of assisted entity for obligation resulting from assistance
Status: in_force

44-11-102 . Liability of assisted entity for obligation resulting from assistance. A law enforcement entity requesting assistance under 44-11-101 shall indemnify the assisting peace officer, the officer's legal representative in case of death, or the furnishing law enforcement entity for any liability or obligation to indemnify created by 2-9-305 that may result from the assistance furnished.
Mont. Code Ann. § 44-4-1201 — MT Code / Title 44 / Chapter 4 / Part 12 / Section 44-4-1201
44-4-1201 Short title
Status: in_force

44-4-1201 . Short title. This part may be cited as the "Montana 24/7 Sobriety and Drug Monitoring Program Act".
Mont. Code Ann. § 44-4-1605 — MT Code / Title 44 / Chapter 4 / Part 16 / Section 44-4-1605
44-4-1605 Statewide public safety communications system advisory council -- duties and responsibilities
Status: in_force

44-4-1605 . Statewide public safety communications system advisory council -- duties and responsibilities. (1) The advisory council shall:

(a) advise the department concerning future development and sustainability of the statewide public safety communications system;

(b) provide recommendations to the department for the continued funding of the statewide public safety communications system;

(c) provide recommendations to the department concerning the establishment of potential rates and other charges for use of the statewide public safety communications system to sustain, expand, or both sustain and expand the system;

(d) advise the department in the development of statewide public safety communications system standards and policies; and

(e) advise the department on significant matters concerning statewide public safety communications system services in the state of Montana, including rulemaking in accordance with 44-4-1609 .

(2) The advisory council shall review the operations and funding of the statewide public safety communications system in Montana to ensure:

(a) efficient spending of public funds;

(b) statewide standards for use and access of the public safety communications system;

(c) leveraging, when and where it has been deemed operationally suitable and economically advantageous, existing commercial communications infrastructure; and

(d) overall operational efficiency, while not unreasonably limiting system users in fulfilling their respective missions.
Mont. Code Ann. § 44-2-501 — MT Code / Title 44 / Chapter 2 / Part 5 / Section 44-2-501
44-2-501 Short title
Status: in_force

44-2-501 . Short title. This part may be cited as the "Missing Children Act of 1985".
Mont. Code Ann. § 44-4-1001 — MT Code / Title 44 / Chapter 4 / Part 10 / Section 44-4-1001
44-4-1001 Definitions
Status: in_force

44-4-1001 . Definitions. For the purposes of this part, the following definitions apply:

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

(2) "Program" means the methamphetamine watch program established under this part.

(3) "Retailer" means a business establishment in this state that engages in over-the-counter retail sales of any product containing ephedrine or pseudoephedrine or a precursor to methamphetamine.
Mont. Code Ann. § 44-5-302 — MT Code / Title 44 / Chapter 5 / Part 3 / Section 44-5-302
44-5-302 Dissemination of criminal history record information that is not public criminal justice information
Status: in_force

44-5-302 . Dissemination of criminal history record information that is not public criminal justice information. (1) Criminal history record information may not be disseminated to agencies or entities other than criminal justice agencies unless:

(a) the information is disseminated with the consent or at the request of the individual about whom it relates according to procedures specified in 44-5-214 and 44-5-215 ;

(b) a district court considers dissemination necessary;

(c) the information is disseminated in compliance with 44-5-304 ;

(d) the information is disseminated on the written request of an entity providing residential treatment or care for an individual that is:

(i) licensed as a long-term care facility as defined in 50-5-101 ;

(ii) licensed as a community residential facility as defined in 76-2-411 (1) or (3); or

(iii) providing a home-like setting for individuals working on maintaining their sobriety; or

(e) the agency receiving the information is authorized by law to receive it.

(2) The department of justice and other criminal justice agencies may accept fingerprints of applicants for admission to the state bar of Montana and shall, with respect to a bar admission applicant whose fingerprints are given to the department or agency by the state bar, exchange available state, multistate, local, federal (to the extent allowed by federal law), and other criminal history record information with the Montana supreme court and its commission on character and fitness for licensing purposes.

(3) An entity meeting the requirements of subsection (1)(d) may receive the information on an individual who:

(a) is receiving or has requested services from an entity meeting the requirements of subsection (1)(d);

(b) is under a current order of commitment to the Montana state hospital or another mental health facility pursuant to 46-14-202 or 46-14-221 in connection with a prosecution in which the individual has been charged with a sexual offense or a violent offense, as defined in 46-23-502 ; or

(c) has been committed to the custody of the director of the department of public health and human services pursuant to 46-14-301 after being found not guilty of a sexual offense or a violent offense, as defined in 46-23-502 , for the reason that due to a mental disease or disorder the defendant could not have a particular state of mind that is an essential element of the offense charged.

(4) In making a request for criminal history record information, the entity requesting the information shall:

(a) obtain written consent to receive criminal history record information from the individual who is the subject of the proposed inquiry; and

(b) submit the written request for criminal history record information and any written consent from the individual about whom the information relates to the prosecutor or county attorney responsible for the prosecution, commitment, or disposition referenced in subsections (3)(b) and (3)(c).

(5) The prosecutor shall disseminate the requested criminal history record information to an entity meeting the requirements of subsection (1)(d) when the individual about whom the information relates has provided written consent to the dissemination.

(6) If an individual about whom the information relates and who meets the criteria described in subsection (3)(a), (3)(b), or (3)(c) objects to the dissemination of the information to an entity meeting the requirements of subsection (1)(d), the procedure described in 44-5-303 (1) applies.

(7) (a) Confidential criminal justice information received pursuant to subsections (1)(d) and (3) may be shared only with employees of the entity requesting the information to make treatment-related decisions, including decisions related to the safety of the individual for whom criminal history record information was obtained and for other persons in the treatment setting. Any person receiving criminal history record information shall maintain the confidentiality of the information.

(b) A person who obtains confidential criminal justice information pursuant to subsections (1)(d) and (3) by misrepresenting the purpose of the request or who shares criminal history record information or any other confidential criminal justice information received pursuant to subsections (1)(d) and (3) with persons not authorized to receive the information is guilty of a misdemeanor and, on conviction, is punishable by a fine of not more than $1,000 or imprisonment in a county jail for a term not to exceed 1 year, or both.
Mont. Code Ann. § 44-4-1505 — MT Code / Title 44 / Chapter 4 / Part 15 / Section 44-4-1505
44-4-1505 Emergency lodging and recovery program for victims of domestic violence or human trafficking -- reimbursement -- rulemaking -- definitions
Status: in_force

44-4-1505 . Emergency lodging and recovery program for victims of domestic violence or human trafficking -- reimbursement -- rulemaking -- definitions. (1) There is an emergency lodging and recovery program for licensed establishments located in the state to assist designated organizations in providing short-term lodging and recovery assistance in the state to individuals and families that are victims of domestic violence or human trafficking.

(2) (a) Subject to the provisions of this section, participating establishments may enroll in the emergency lodging and recovery program. Participating establishments may seek reimbursement from the department of justice for providing emergency lodging and recovery assistance to an individual or family who is in immediate need of shelter based on being a victim of domestic violence or human trafficking.

(b) In order to be eligible for reimbursement, the individual or family must be referred to the establishment by a designated organization.

(3) Funds for the program are provided from funding in the emergency lodging and recovery for victims of domestic violence or human trafficking state special revenue account provided for in 44-4-1506 . Reimbursement for short-term lodging and recovery assistance:

(a) is equal to the average daily rate or the state rate for each night lodging was provided at no cost to the individual or the referring organization;

(b) is limited to a maximum of 5 nights' lodging and associated costs for each individual or family for each calendar year;

(c) may be claimed for lodging, recovery assistance, and associated costs provided in the state; and

(d) is exempt from the lodging and facility use tax imposed by 15-65-111 or the sales tax and use tax on accommodations imposed by 15-68-102 .

(4) Participating establishments may offer lodging based on availability of rooms.

(5) The department of justice shall maintain a registry of designated organizations and shall provide a list of approved organizations to establishments on request. The department of justice shall seek comment from appropriate statewide nonprofit organizations when developing and updating the registry.

(6) Funds provided in this section are not guaranteed. Funds may not apply to the costs of providing lodging to an individual who is displaced by a major disaster declared by the president under 42 U.S.C. 5170 or 5191 and who receives financial assistance for temporary housing under 42 U.S.C. 5174.

(7) The department of justice may adopt rules, prepare forms, and maintain records that are necessary to implement and administer this section.

(8) As used in this section, the following definitions apply:

(a) (i) "Average daily rate" means the total amount of lodging receipts received by the establishment during the night of the emergency stay without regard to local and state taxes received divided by the number of rooms the establishment received compensation for during the night of the emergency stay.

(ii) The term does not include grant money received pursuant to this section.

(b) "Designated organization" means a charitable organization or government entity approved by the department of justice to make referrals for emergency lodging.

(c) "Establishment" means a person or entity that makes sales of accommodations as defined in 15-68-101 .

(d) "Recovery assistance" means services designed to assist victims of crime by providing direct support, including emotional and psychological counseling, crisis intervention, and safety planning, aimed at stabilizing the victims' lives and helping them navigate the criminal justice system.

(e) "State rate" means the rate the state pays for state employees in travel status that is adopted by the department of administration.
Mont. Code Ann. § 44-15-107 — MT Code / Title 44 / Chapter 15 / Part 1 / Section 44-15-107
44-15-107 Disclosure to criminal defendants
Status: in_force

44-15-107 . Disclosure to criminal defendants. (1) A law enforcement agency or the department shall disclose the use of facial recognition technology on a criminal defendant to that defendant in a timely manner prior to trial.

(2) Discovery of an application, affidavit, or court order relating to the use of facial recognition and any documents related to the use or request for use of facial recognition technology, if any, are subject to the provisions in Title 46, chapter 15.

(3) Data derived from the use of facial recognition technology in violation of this part:

(a) must be considered unlawfully obtained and, except as otherwise provided by law, must be deleted on discovery; and

(b) is inadmissible in evidence in a proceeding in or before a public official, department, regulatory body, court, or authority.
Mont. Code Ann. § 44-2-111 — MT Code / Title 44 / Chapter 2 / Part 1 / Section 44-2-111
44-2-111 Definition of agent
Status: in_force

44-2-111 . Definition of agent. As used in this part, "agent" means a person appointed by the attorney general to conduct criminal investigations and perform related duties within the department of justice.
Mont. Code Ann. § 44-4-204 — MT Code / Title 44 / Chapter 4 / Part 2 / Section 44-4-204
44-4-204 Applications for confidential plates and registrations
Status: in_force

44-4-204 . Applications for confidential plates and registrations. Applications by law enforcement agencies operating within the state must be made to the attorney general on a form and in a manner prescribed by the attorney general.
Mont. Code Ann. § 44-10-204 — MT Code / Title 44 / Chapter 10 / Part 2 / Section 44-10-204
44-10-204 Department of justice account established
Status: in_force

44-10-204 . Department of justice account established. (1) There is an account in the state special revenue fund to be used by the department of justice on behalf of the Montana law enforcement academy established in 44-10-103 and the Montana public safety officer standards and training council established in 2-15-2029 .

(2) Money in the account created in subsection (1) must be appropriated by the legislature for the purposes provided in Title 44, chapter 10, part 2, including use as matching funds for grants to be sought under 44-10-202 (1)(j).
Mont. Code Ann. § 44-1-104 — MT Code / Title 44 / Chapter 1 / Part 1 / Section 44-1-104
44-1-104 Duty to furnish governor with transportation
Status: in_force

44-1-104 . Duty to furnish governor with transportation. The department of justice shall furnish the governor with automobile transportation upon the governor's request, provided that the transportation must be limited to travel and transportation of the governor while on official business of the state.
Mont. Code Ann. § 44-2-206 — MT Code / Title 44 / Chapter 2 / Part 2 / Section 44-2-206
44-2-206 Cooperation with FBI and other states
Status: in_force

44-2-206 . Cooperation with FBI and other states. The department shall cooperate with identification bureaus in other states and with the federal bureau of investigation to develop and carry on a complete interstate and international system of criminal identification and investigation.
Mont. Code Ann. § 44-1-806 — MT Code / Title 44 / Chapter 1 / Part 8 / Section 44-1-806
44-1-806 Disciplinary action
Status: in_force

44-1-806 . Disciplinary action. (1) If after a hearing, the department of justice finds that any charge or charges made against the patrol officer are true, it may punish the patrol officer by suspension without pay, demotion, or discharge.

(2) A discharge after a hearing is exempt from the Wrongful Discharge From Employment Act as provided in 39-2-912 .
Mont. Code Ann. § 44-7-101 — MT Code / Title 44 / Chapter 7 / Part 1 / Section 44-7-101
44-7-101 Functions
Status: in_force

44-7-101 . Functions. As designated by the governor as the state planning agency under the Omnibus Crime Control and Safe Streets Act of 1968, as amended, the board of crime control shall perform the functions assigned to it under that act. The board shall also provide to criminal justice agencies technical assistance and supportive services that are approved by the board or assigned by the governor or legislature.
Mont. Code Ann. § 44-2-312 — MT Code / Title 44 / Chapter 2 / Part 3 / Section 44-2-312
44-2-312 Authorization of operational charge
Status: in_force

44-2-312 . Authorization of operational charge. The attorney general may establish an operational charge for the criminal justice information network, exclusive of personnel services. The charge must be prorated among the various agencies using the network.
Mont. Code Ann. § 44-4-903 — MT Code / Title 44 / Chapter 4 / Part 9 / Section 44-4-903
44-4-903 Limitations on special peace officer
Status: in_force

44-4-903 . Limitations on special peace officer. A person appointed and sworn as a special peace officer must when on duty have the power and authority of a peace officer but may exercise the power and authority only in the protection of the property of the class I railroad corporation employing the person.
Mont. Code Ann. § 44-6-109 — MT Code / Title 44 / Chapter 6 / Part 1 / Section 44-6-109
44-6-109 Restrictions for collection of DNA from minor by peace officer
Status: in_force

44-6-109 . Restrictions for collection of DNA from minor by peace officer. A minor under 18 years of age may not have a DNA sample collected by a peace officer unless:

(1) the minor was found under 41-5-1502 to have committed a sexual or violent offense;

(2) a parent or legal guardian has provided written permission; or

(3) a court of competent jurisdiction has issued an order for the collection of a DNA sample.
Mont. Code Ann. § 44-3-401 — MT Code / Title 44 / Chapter 3 / Part 4 / Section 44-3-401
44-3-401 Exemption from liability for autopsy
Status: in_force

44-3-401 . Exemption from liability for autopsy. No criminal or civil action may arise against a medical examiner for performing an autopsy under this chapter or for performing an autopsy on request of a federal officer investigating a death within a federal jurisdiction.
Mont. Code Ann. § 44-15-102 — MT Code / Title 44 / Chapter 15 / Part 1 / Section 44-15-102
44-15-102 Purpose
Status: in_force

44-15-102 . Purpose. (1) Except as provided in subsection (2), the purpose of this part is to prohibit the use of facial recognition technology for continuous facial surveillance or facial identification by state and local government agencies and law enforcement agencies.

(2) It is the intent of the legislature to provide state and local government agencies the guidelines to use, or contract with third parties to use on their behalf, facial verification and to provide law enforcement agencies the ability to use facial recognition technology for investigations of serious crimes.
Mont. Code Ann. § 44-3-302 — MT Code / Title 44 / Chapter 3 / Part 3 / Section 44-3-302
44-3-302 Fees for laboratory services
Status: in_force

44-3-302 . Fees for laboratory services. The laboratory may charge reasonable fees for its services, except that it may not charge state, county, city, or municipal law enforcement officers or coroners of this state for services rendered. Fees collected under this section shall be deposited in an account in the state special revenue fund in the state treasury and used to pay operation expenses of the laboratory.
Mont. Code Ann. § 44-1-103 — MT Code / Title 44 / Chapter 1 / Part 1 / Section 44-1-103
44-1-103 Authority to make rules
Status: in_force

44-1-103 . Authority to make rules. The department of justice may make, promulgate, and amend rules which prescribe procedures and practice requirements of the Montana highway patrol.
Mont. Code Ann. § 44-5-401 — MT Code / Title 44 / Chapter 5 / Part 4 / Section 44-5-401
44-5-401 Criminal justice information system security
Status: in_force

44-5-401 . Criminal justice information system security. Provisions for the recording, preservation, dissemination, and management of court records are made by statute and may be supplemented by supreme court rule. Any other criminal justice agency shall protect the security of any criminal justice information system, automated or manual, under its control by taking reasonable precautions and establishing procedures to protect the system and data stored in the system from damage and for the prevention of and recovery from hazards such as fire, flood, power failure, and entry into secure areas by unauthorized persons.
Mont. Code Ann. § 44-3-102 — MT Code / Title 44 / Chapter 3 / Part 1 / Section 44-3-102
44-3-102 Purpose
Status: in_force

44-3-102 . Purpose. The purpose of this chapter is to authorize the attorney general to provide the personnel, facilities, and procedures to:

(1) determine the cause of certain types of deaths by such investigation and examination as are in the public interest;

(2) analyze specimens for law enforcement officers; and

(3) provide reports, including oral testimony, concerning such investigation, examination, and analysis when in the public interest.
Mont. Code Ann. § 44-2-416 — MT Code / Title 44 / Chapter 2 / Part 4 / Section 44-2-416
44-2-416 Missing persons response team training grant program -- reporting
Status: in_force

44-2-416 . Missing persons response team training grant program -- reporting. (1) There is a missing persons response team training grant program administered by the department of justice. The purpose of the grant program is to help fund training opportunities for community-based missing persons response teams.

(2) Eligible teams may be multiagency and multijurisdictional and may include other community entities and volunteers. Eligible teams shall:

(a) establish memorandums of understanding between the involved entities;

(b) develop operational procedures and criteria under which a team activation can occur; and

(c) participate in a community action planning effort conducted in accordance with department guidelines.

(3) Eligible training expenses include but are not limited to the licensing costs of a training program, facilitator and conference location fees, and travel expenses for training staff and trainees.

(4) The department shall report, in accordance with 5-11-210 , on the grants awarded pursuant to this section to the state-tribal relations committee provided for in 5-5-229 by July 1 prior to each regular legislative session.
Mont. Code Ann. § 44-2-801 — MT Code / Title 44 / Chapter 2 / Part 8 / Section 44-2-801
44-2-801 Blue alert program
Status: in_force

44-2-801 . Blue alert program. (1) There is a state alert system known as the blue alert program within the department of justice.

(2) Upon request by a law enforcement agency, the department may activate the blue alert program if the department determines that:

(a) (i) a peace officer has been killed or seriously injured in the line of duty;

(ii) an individual suspected to have caused the death or injury is at large;

(iii) a law enforcement agency has determined that the individual referred to in subsection (2)(a)(ii) poses a serious threat to the public, other peace officers, or both; and

(iv) sufficient information exists about the individual referred to in subsection (2)(a)(ii) or about the death or injury so that the activation of the program would materially assist in the capture of the individual;

(b) a peace officer is missing in connection with official duties; or

(c) an imminent and credible threat exists that an individual intends to cause serious injury or death of a peace officer.

(3) Upon activation of the blue alert program, the department shall notify the following entities in the state or area in which the alert is established:

(a) all law enforcement agencies;

(b) individuals who, because of their proximity to the geographic area in which the death or injury occurred, may have observed the death or injury or the escape of the individual referred to in subsection (2)(a)(ii) or may themselves become a victim of that individual;

(c) individuals who may have a special relationship to the individual referred to in subsection (2)(a)(ii), such as a relative of that individual or a peace officer or other person within the criminal justice system who knows the individual; and

(d) other persons who the department determines would benefit from the notice.

(4) The department shall terminate the blue alert when it determines:

(a) that the individual referred to in subsection (2)(a)(ii) has been apprehended or when it determines that the blue alert will no longer materially assist in the capture of the individual;

(b) the peace officer referred to in subsection (2)(b) is no longer missing or it determines that the blue alert will no longer assist in locating the peace officer; or

(c) the threat referred to in subsection (2)(c) no longer exists or it determines that the blue alert will no longer materially assist in alleviating the threat.

(5) The department shall adopt rules to implement this section.

(6) As used in this section, the following definitions apply:

(a) "Law enforcement agency" has the meaning provided in 44-11-303 .

(b) "Peace officer" has the meaning provided in 46-1-202 .
Mont. Code Ann. § 44-6-104 — MT Code / Title 44 / Chapter 6 / Part 1 / Section 44-6-104
44-6-104 Consumer DNA or neurotechnology database searches -- familial DNA or neurotechnology searches -- warrant required
Status: in_force

44-6-104 . Consumer DNA or neurotechnology database searches -- familial DNA or neurotechnology searches -- warrant required. (1) A government entity may not obtain DNA or neurotechnology search results from a consumer DNA or neurotechnology database:

(a) without a search warrant or investigative subpoena issued by a court on a finding of probable cause; or

(b) unless the consumer whose information is sought previously waived the consumer's right to privacy in the information.

(2) A government entity may not obtain familial DNA or neurotechnology data search results or search results from partial matching from the DNA or neurotechnology identification index or a consumer DNA or neurotechnology database without a search warrant or investigative subpoena issued by a court on a finding of probable cause.

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

(a) "Consumer DNA database" means a database maintained by a private entity that provides direct-to-consumer genetic testing services.

(b) "DNA identification index" has the same meaning provided in 44-6-101 .

(c) "Familial DNA search" means a search performed of a government or consumer DNA database using specialized software to detect and statistically rank a list of potential candidates in the DNA database who may be a close biological relative to the unknown individual contributing the evidence DNA profile. The specialized software search may be combined with lineage testing to help confirm or refute biological relatedness.

(d) "Lineage testing" means additional genetic testing used to help confirm or refute biological relatedness between the known individual in a DNA database and the unknown individual contributing the evidence DNA profile. Examples of additional genetic testing include but are not limited to:

(i) Y-STR analysis to examine STR patterns specific to the Y-chromosome used to determine paternally derived relatedness among DNA profiles;

(ii) mtDNA analysis to examine cell mitochondria used to determine maternally derived relatedness; or

(iii) single nucleotide polymorphism genotyping to generate results related to a person's ancestry and genetic predisposition to health-related topics.

(e) "Neurotechnology data" has the same meaning as provided in 30-23-102 .

(f) "Partial matching" means a moderate stringency search of a DNA database using routine search parameters that results in one or more partial matches between single-source and nondegraded DNA profiles that share at least one allele at each locus, indicating a potential familial relationship between the known individual in the DNA database and the unknown individual contributing the evidence DNA profile.

(4) A government entity that legally obtains DNA or neurotechnology data search results, as set forth in this section, or genetic or neurotechnology data, as set forth in Title 30, chapter 23, part 1, may use the results during criminal investigations and judicial proceedings subject to applicable rules of criminal procedure and evidence.
Mont. Code Ann. § 44-12-104 — MT Code / Title 44 / Chapter 12 / Part 1 / Section 44-12-104
44-12-104 Summary forfeiture of certain controlled substances
Status: in_force

44-12-104 . Summary forfeiture of certain controlled substances. Controlled substances that are possessed, transferred, offered for transfer, manufactured, prepared, cultivated, compounded, or processed in violation of Title 45, chapter 9, and that are seized under the provisions of this chapter are contraband and shall be summarily forfeited to the state. Controlled substances which are seized or come into the possession of the state and the owners of which are unknown are contraband and shall be summarily forfeited to the state.
Mont. Code Ann. § 44-4-1601 — MT Code / Title 44 / Chapter 4 / Part 16 / Section 44-4-1601
44-4-1601 Short title
Status: in_force

44-4-1601 . Short title. This part may be cited as the "Statewide Public Safety Communications System Act".
Mont. Code Ann. § 44-12-103 — MT Code / Title 44 / Chapter 12 / Part 1 / Section 44-12-103
44-12-103 When property may be seized
Status: in_force

44-12-103 . When property may be seized. (1) A peace officer who has probable cause to make an arrest for a violation of Title 45, chapter 9, probable cause to believe that a conveyance has been used or is intended to be used to unlawfully transport a controlled substance, or probable cause to believe that a conveyance has been used to keep, deposit, or conceal a controlled substance shall seize the conveyance used or intended to be used or any conveyance in which a controlled substance is unlawfully possessed by an occupant. A peace officer shall:

(a) provide an itemized receipt to the person in possession of the property or, if reasonably practicable, leave a receipt in the place where the property was found if no person is present; and

(b) immediately deliver a conveyance that the officer seizes to the offices of the officer's law enforcement agency, to be held as evidence until forfeiture is declared or release ordered.

(2) All property subject to forfeiture under 44-12-102 may be seized by a peace officer under a search warrant issued by a district court having jurisdiction over the property. Seizure without a warrant may be made if:

(a) the seizure is incident to an arrest or a search under a search warrant issued for another purpose or an inspection under an administrative inspection warrant;

(b) the property subject to seizure has been the subject of a prior judgment in favor of the state in a criminal proceeding or a forfeiture proceeding based on this chapter;

(c) the peace officer has probable cause to believe that the property is directly or indirectly dangerous to health or safety; or

(d) the peace officer has probable cause to believe that the property was used or is intended to be used in violation of Title 45, chapter 9, or in violation of Title 45, chapter 10, part 1.
Mont. Code Ann. § 44-1-511 — MT Code / Title 44 / Chapter 1 / Part 5 / Section 44-1-511
44-1-511 Payment of salary benefit to officers injured in performance of duty
Status: in_force

44-1-511 . Payment of salary benefit to officers injured in performance of duty. A member of the highway patrol who, in the performance of the member's duties, suffers an injury that necessitates medical or other remedial treatment and that renders the member unable to perform the member's duties must be paid the full amount of the member's regular salary as a salary benefit until one of the following occurs:

(1) the member ceases to be disabled;

(2) a period of 1 year elapses after the date of the injury;

(3) although disabled, the member is ordered returned to light duty by the chief of the highway patrol;

(4) although disabled, the member accepts a transfer position within the department of justice; or

(5) the member waives the benefit.
Mont. Code Ann. § 44-1-602 — MT Code / Title 44 / Chapter 1 / Part 6 / Section 44-1-602
44-1-602 Probationary training and service -- supervisory personnel
Status: in_force

44-1-602 . Probationary training and service -- supervisory personnel. All newly appointed supervisory personnel 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 supervisory personnel will automatically revert to their previous ranks without prejudice.
Mont. Code Ann. § 44-3-106 — MT Code / Title 44 / Chapter 3 / Part 1 / Section 44-3-106
44-3-106 Power of attorney general to employ personnel
Status: in_force

44-3-106 . Power of attorney general to employ personnel. The attorney general is authorized to employ personnel necessary to perform the functions authorized under this chapter.
Mont. Code Ann. § 44-1-513 — MT Code / Title 44 / Chapter 1 / Part 5 / Section 44-1-513
44-1-513 Periodic medical examinations -- waiver of right to salary benefit
Status: in_force

44-1-513 . Periodic medical examinations -- waiver of right to salary benefit. (1) The chief may appoint a physician to examine an injured officer from time to time. If, in the physician's opinion, the injured officer has sufficiently recovered to perform light duties or regular duties, the physician shall certify that fact.

(2) An injured officer who unreasonably refuses to accept medical treatment or hospital care or to permit a medical examination under 44-1-512 (2) or subsection (1) of this section waives any salary benefit to which the officer might otherwise be entitled under 44-1-511 .
Mont. Code Ann. § 44-12-101 — MT Code / Title 44 / Chapter 12 / Part 1 / Section 44-12-101
44-12-101 Definitions
Status: in_force

44-12-101 . Definitions. As used in this chapter, the following definitions apply:

(1) "Actual knowledge" means direct and clear awareness of information.

(2) "Controlled substance" means any substance designated as a dangerous drug pursuant to Title 50, chapter 32, parts 1 and 2.
Mont. Code Ann. § 44-15-106 — MT Code / Title 44 / Chapter 15 / Part 1 / Section 44-15-106
44-15-106 Use of facial recognition technology by law enforcement -- when permitted -- restrictions on use -- warrant required
Status: in_force

44-15-106 . Use of facial recognition technology by law enforcement -- when permitted -- restrictions on use -- warrant required. (1) The department of justice and local law enforcement agencies are authorized to use facial recognition technology for criminal investigations.

(2) The department of justice or a local law enforcement agency may perform a search using facial recognition technology and may obtain, retain, possess, access, or use the results of a search using facial recognition technology, as provided in subsection (3), for the purpose of:

(a) investigating a serious crime when there is probable cause to believe that an unidentified individual in an image has committed, is a victim of, or is a witness to a serious crime;

(b) assisting in the location or identification of a missing or endangered person; or

(c) assisting in the identification of a person who is deceased or believed to be deceased.

(3) Except as provided in subsection (5), a law enforcement agency shall obtain a warrant prior to performing a search using facial recognition technology under subsection (2).

(4) A law enforcement agency shall obtain a court order authorizing the use of facial recognition technology for the sole purpose of locating or identifying a missing person or identifying a deceased person under subsections (2)(b) and (2)(c). A court may issue an ex parte order under this subsection if a law enforcement agency certifies and the court finds that the information to be obtained is likely relevant to locating or identifying a missing person or identifying a deceased person.

(5) (a) A law enforcement agency may perform a search under subsection (2) using facial recognition technology prior to the issuance of a warrant if there is an emergency posing an imminent threat to a person. If an emergency exists under this subsection (5)(a), the law enforcement agency shall obtain a warrant within 24 hours of the search.

(b) The use of facial recognition technology must terminate immediately if the application for a warrant under subsection (5)(a) is denied.

(6) A law enforcement agency may not use the results of facial recognition technology as the sole basis to establish probable cause in a criminal investigation. The results of the use of facial recognition technology may be used in conjunction with other information and evidence lawfully obtained by a law enforcement officer to establish probable cause in a criminal investigation.

(7) A law enforcement agency may not use facial recognition technology to identify an individual based on a sketch or other manually produced image.

(8) A law enforcement agency may not substantively manipulate an image for use with facial recognition technology in a manner not consistent with the facial recognition technology provider's intended use and training.

(9) When using facial recognition for identification of an individual, the department or local law enforcement shall employ meaningful human review prior to making an adverse final decision.
Mont. Code Ann. § 44-7-210 — MT Code / Title 44 / Chapter 7 / Part 2 / Section 44-7-210
44-7-210 Counseling and services to be evidence-informed
Status: in_force

44-7-210 . Counseling and services to be evidence-informed. (1) The Montana board of crime control shall adopt statewide offender intervention program standards to ensure that counseling and other services organized under the program are evidence-informed practices that are designed to reduce the risk of future violent behavior.

(2) The board and the head of the offender intervention program may consult with the department of corrections to develop evidence-informed programs and practices.
Mont. Code Ann. § 44-11-306 — MT Code / Title 44 / Chapter 11 / Part 3 / Section 44-11-306
44-11-306 Right of state in actions involving agreements
Status: in_force

44-11-306 . Right of state in actions involving agreements. In any case or controversy involving performance or interpretation of or liability under a mutual aid agreement entered into between one or more law enforcement agencies of political subdivisions of this state and one or more law enforcement agencies of another state or of the United States, the parties to the agreement are the real parties in interest. This state may maintain an action against any law enforcement agency whose default, failure, performance, or other conduct caused or contributed to any liability incurred by this state.
Mont. Code Ann. § 44-3-311 — MT Code / Title 44 / Chapter 3 / Part 3 / Section 44-3-311
44-3-311 Evidentiary seizure of law enforcement weapons
Status: in_force

44-3-311 . Evidentiary seizure of law enforcement weapons. (1) When law enforcement is involved in an officer-involved shooting, the law enforcement officer's weapon involved in the shooting must be collected by investigators to be photographed and turned over to the state laboratory of criminalistics for test firing and collection of cartridge cases and rounds of ammunition and to document the unique characteristics of the weapon.

(2) After an investigation is complete and no appeals are pending or no criminal charges are filed or are presently contemplated against the law enforcement officer, a weapon collected for evidence testing pursuant to subsection (1) or collected as part of a coroner's inquest pursuant to 46-4-201 must be returned within 7 days by whichever entity is appropriate to the law enforcement agency from which it was collected for redeployment in the field.
Mont. Code Ann. § 44-6-107 — MT Code / Title 44 / Chapter 6 / Part 1 / Section 44-6-107
44-6-107 Expungement of DNA records
Status: in_force

44-6-107 . Expungement of DNA records. If a conviction of a felony offense or the adjudication of a youth for a sexual or violent offense is reversed, the record relating to the offense must be expunged from the DNA identification index. The county attorney of the county in which the conviction occurred shall notify the department of a reversal of a conviction for the offense or adjudication.
Mont. Code Ann. § 44-15-104 — MT Code / Title 44 / Chapter 15 / Part 1 / Section 44-15-104
44-15-104 Prohibition of continuous facial surveillance
Status: in_force

44-15-104 . Prohibition of continuous facial surveillance. (1) A state or local government agency, law enforcement agency, public employee, or public official may not obtain, retain, possess, access, request, contract for, or use continuous facial surveillance.

(2) The use of facial recognition technology for facial verification, including any resulting data, may not be used to aid or assist in any type of continuous facial surveillance.
Mont. Code Ann. § 44-10-102 — MT Code / Title 44 / Chapter 10 / Part 1 / Section 44-10-102
44-10-102 Purpose
Status: in_force

44-10-102 . Purpose. The purpose of this chapter shall be to establish a Montana law enforcement academy to provide Montana law enforcement officers and other qualified individuals with a means of securing training in the field of law enforcement.
Mont. Code Ann. § 44-2-314 — MT Code / Title 44 / Chapter 2 / Part 3 / Section 44-2-314
44-2-314 Use of money -- records
Status: in_force

44-2-314 . Use of money -- records. The state treasurer may draw warrants on the account provided for in 44-2-313 upon request of the attorney general when money is needed to pay any of the costs of keeping the criminal justice information network operational. A strict accounting must be kept of all receipts and disbursements and must be available as a matter of record to members of the appropriations committee of the house of representatives.
Mont. Code Ann. § 44-4-203 — MT Code / Title 44 / Chapter 4 / Part 2 / Section 44-4-203
44-4-203 Registration records
Status: in_force

44-4-203 . Registration records. (1) The registration records of each vehicle registered must be maintained by the department of justice.

(2) The contents of confidential registration records may be disclosed only at the discretion of the attorney general when there is a legitimate law enforcement purpose for disclosure.
Mont. Code Ann. § 44-7-201 — MT Code / Title 44 / Chapter 7 / Part 2 / Section 44-7-201
44-7-201 Domestic violence intervention program
Status: in_force

44-7-201 . Domestic violence intervention program. (1) The Montana board of crime control shall use the money in the domestic violence intervention account established by 44-7-202 to fund a domestic violence intervention program to provide grants to:

(a) communities for misdemeanor probation officers or compliance officers to monitor compliance with court-ordered requirements for offenders convicted of or charged with the offense of partner or family member assault under 45-5-206 , the offense of strangulation of a partner or family member under 45-5-215 , or of a violation of an order of protection under 45-5-626 ; or

(b) a court to implement an offender intervention program that meets the standards adopted in 44-7-210 .

(2) In administering the domestic violence intervention program, the Montana board of crime control 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 necessary to implement 44-7-201 through 44-7-204 .
Mont. Code Ann. § 44-15-110 — MT Code / Title 44 / Chapter 15 / Part 1 / Section 44-15-110
44-15-110 Meaningful human review -- policy
Status: in_force

44-15-110 . Meaningful human review -- policy. A state or local government agency using a facial recognition service without a third-party vendor shall establish a policy that:

(1) ensures best quality results by following all guidance provided by the developer of the facial recognition service; and

(2) outlines training protocol for all individuals who operate a facial recognition service or who process personal data obtained from the use of a facial recognition service. The training must include but is not limited to coverage of:

(a) the capabilities and limitations of the facial recognition service;

(b) procedures to interpret and act on the output of the facial recognition service; and

(c) to the extent applicable, the meaningful human review requirement for decisions that produce legal effects concerning individuals.
Mont. Code Ann. § 44-2-511 — MT Code / Title 44 / Chapter 2 / Part 5 / Section 44-2-511
44-2-511 School enrollment procedures to aid identification of missing children
Status: in_force

44-2-511 . School enrollment procedures to aid identification of missing children. (1) When a child enrolls in a school district for the first time, the school district shall:

(a) require that the child's parent, guardian, or legal custodian present to the school, within 40 days of enrollment, proof of identity of the child; and

(b) request the appropriate school records of the child from the previous school attended by the child. The school enrolling the child shall make the request within 40 days of enrollment of the child.

(2) If a child's parent, guardian, or legal custodian does not present the proof of identity required in subsection (1) within 40 days of enrollment or if the school district does not receive the school records of the child within 60 days of enrollment, the school shall notify the missing children information program provided in 44-2-503 and a local law enforcement authority of the fact that no proof of identity has been presented for the child.

(3) A school district that receives a request for the school records of a child shall transfer the records to the requesting school as soon as possible.

(4) When a school district receives a notice from a law enforcement authority, parent, guardian, or legal custodian that a child who is or has been enrolled in that school has been reported as a missing child, the school district shall:

(a) flag in some manner the student records of the child; and

(b) notify the missing children information program and a local law enforcement authority if a request for the school records is received from another school district.

(5) If it is necessary for a local law enforcement authority to conduct an investigation on a missing child, school personnel may not inform the person claiming custody of the child of the investigation while it is being conducted.

(6) For the purposes of this section:

(a) "proof of identity" means a certified copy of a birth certificate, a certified transcript or similar student records from the previous school, or any documentary evidence that a school district considers to be satisfactory proof of identity; and

(b) "school district" means a school district as defined in 20-6-101 or a nonpublic elementary school or high school in the state.
Mont. Code Ann. § 44-1-503 — MT Code / Title 44 / Chapter 1 / Part 5 / Section 44-1-503
44-1-503 Salary upon permanent appointment
Status: in_force

44-1-503 . Salary upon permanent appointment. If a probationary patrol officer is appointed permanently, the officer must, at the time of appointment, receive the base salary of a patrol officer.
Mont. Code Ann. § 44-7-410 — MT Code / Title 44 / Chapter 7 / Part 4 / Section 44-7-410
44-7-410 Funding
Status: in_force

44-7-410 . Funding. Twenty percent of the operational costs of a domestic violence program must come from the local community served by the program. The local contribution may include in-kind contributions.
Mont. Code Ann. § 44-5-304 — MT Code / Title 44 / Chapter 5 / Part 3 / Section 44-5-304
44-5-304 Development of statistical information -- agreements as to access
Status: in_force

44-5-304 . Development of statistical information -- agreements as to access. (1) An individual or agency with the express purpose of developing statistical information may have access to criminal history record information pursuant to an agreement with a criminal justice agency. The agreement shall contain, but need not be limited to, the following provisions:

(a) specific authorization for access to specific information;

(b) a limitation on the use of the information to research, evaluative, or statistical purposes;

(c) assurance of the confidentiality and security of the information; and

(d) sanctions for violations of the agreement or this section.

(2) Proposed agreements and any completed research, statistical, or evaluative study or product developed from the use of statistical information is subject to review and approval by the department of justice to ensure compliance with this chapter.
Mont. Code Ann. § 44-2-302 — MT Code / Title 44 / Chapter 2 / Part 3 / Section 44-2-302
44-2-302 Powers of attorney general
Status: in_force

44-2-302 . Powers of attorney general. In order to operate the criminal justice information network, the attorney general, within the framework of any funds budgeted or collected from participating agencies, is authorized to:

(1) purchase, lease, or otherwise acquire facilities and equipment necessary to accomplish the purposes of this part; and

(2) employ personnel as may be necessary to operate the network.
Mont. Code Ann. § 44-11-301 — MT Code / Title 44 / Chapter 11 / Part 3 / Section 44-11-301
44-11-301 Short title
Status: in_force

44-11-301 . Short title. This part shall be known and may be cited as the "Interstate Law Enforcement Mutual Aid Act".
Mont. Code Ann. § 44-3-404 — MT Code / Title 44 / Chapter 3 / Part 4 / Section 44-3-404
44-3-404 Criminal penalty
Status: in_force

44-3-404 . Criminal penalty. A person is guilty of a misdemeanor and may be fined not more than $500 or be imprisoned in the county jail for not more than 1 year, or both, if the person:

(1) purposely fails to report or conceals a death, including a fetal death;

(2) refuses to make available prior medical or other information in a death investigation;

(3) without an order from the coroner or state medical examiner, purposely touches, removes, or disturbs a corpse, its clothing, or anything near the corpse; or

(4) knowingly or purposely disobeys a cessation order of a coroner.
Mont. Code Ann. § 44-3-213 — MT Code / Title 44 / Chapter 3 / Part 2 / Section 44-3-213
44-3-213 Report to county attorney
Status: in_force

44-3-213 . Report to county attorney. When the cause of death has been established within reasonable medical certainty by the state medical examiner or an associate, whether by review of a coroner's report or by personal examination, the state medical examiner shall make available in writing to the county attorney the state medical examiner's determination as to the cause of death.
Mont. Code Ann. § 44-1-302 — MT Code / Title 44 / Chapter 1 / Part 3 / Section 44-1-302
44-1-302 Powers relating to supervisory personnel -- quotas prohibited
Status: in_force

44-1-302 . Powers relating to supervisory personnel -- quotas prohibited. The duties and jurisdiction of the supervisory personnel must be outlined and defined by and under the control of the chief. Quotas for investigative stops, citations, or arrests may not be established and may not be used in evaluating highway patrol officers.
Mont. Code Ann. § 44-1-1005 — MT Code / Title 44 / Chapter 1 / Part 10 / Section 44-1-1005
44-1-1005 Motor carriers safety -- enforcement -- violations
Status: in_force

44-1-1005 . Motor carriers safety -- enforcement -- violations. (1) The highway patrol has the responsibility to enforce the provisions of Title 61, chapters 5, 8, and 9, as they apply to motor carriers and shall assist the department of transportation in the enforcement of safety standards adopted pursuant to 61-10-154 .

(2) The highway patrol shall cooperate with the department of transportation to ensure minimum duplication and maximum coordination of enforcement of the provisions of Title 61 as they apply to motor carriers.
Mont. Code Ann. § 44-7-404 — MT Code / Title 44 / Chapter 7 / Part 4 / Section 44-7-404
44-7-404 Authorized grantees -- criteria for grants
Status: in_force

44-7-404 . Authorized grantees -- criteria for grants. (1) The board of crime control may award domestic violence grants only to local partner or family member assault programs that are locally controlled. Grants may be awarded to governmental agencies or nongovernmental organizations or persons.

(2) Domestic violence grants must be awarded on the following basis:

(a) demonstrated need;

(b) project merit;

(c) administrative design; and

(d) efficiency of administration.
Mont. Code Ann. § 44-4-1701 — MT Code / Title 44 / Chapter 4 / Part 17 / Section 44-4-1701
44-4-1701 Definitions
Status: in_force

44-4-1701 . Definitions. As used in 2-15-2034 , 2-15-2035 , and this part, unless the context clearly indicates otherwise, the following definitions apply:

(1) "Committee" means the sexual assault response team committee established in 2-15-2035 .

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

(3) "Program" means the sexual assault response network program established in 2-15-2034 .

(4) "SANE" or "sexual assault nurse examiner" means a registered nurse with education and training in conducting forensic examinations of sexual assault victims.

(5) "SANE program" means a program that meets the requirements prescribed by the department of justice under 44-4-1702 .

(6) "Sexual assault" means a criminal offense that involves sexual contact or sexual intercourse as those terms are defined in 45-2-101 .

(7) "Sexual assault response team" means a multidisciplinary team of specially trained members of health care, law enforcement, prosecution, and advocacy that work together to provide coordinated health care and advocacy services to victims of sexual assault, while investigating sexual assault cases for the purpose of criminal prosecution.

(8) "teleSANE" means the use of audio, video, or other telecommunications technology or media, including audio-only communication, to provide remote, real-time support by an off-site qualified provider to both the on-site nurse and the patient to ensure best practices, proper evidence collection, and a supportive environment.
Mont. Code Ann. § 44-4-902 — MT Code / Title 44 / Chapter 4 / Part 9 / Section 44-4-902
44-4-902 Application for appointment
Status: in_force

44-4-902 . Application for appointment. A class I railroad corporation, as defined by the interstate commerce commission in part 1201 of 49 CFR, desiring the appointment of an officer or employee as a special peace officer shall apply to the attorney general. The application must state the name, age, and place of residence of the person applying for appointment. The applicant must have at least 3 years of experience as a class I railroad peace officer or have completed a training course at an approved law enforcement academy, or meet the qualifications described in 7-32-303 and adopted pursuant to Title 44, chapter 4, part 4. The application must be signed by the applicant and a managing officer of the railroad corporation. The managing officer signing the application shall at the same time submit an affidavit to the effect that the officer is acquainted with the person seeking appointment, that the officer believes the applicant to be of good moral character, and that the applicant is of good moral character and has experience such that the applicant can be safely entrusted with the powers and duties of a special peace officer.
Mont. Code Ann. § 44-2-407 — MT Code / Title 44 / Chapter 2 / Part 4 / Section 44-2-407
44-2-407 Department of justice missing persons response -- missing persons specialist
Status: in_force

44-2-407 . Department of justice missing persons response -- missing persons specialist. (1) The department of justice may assist with the investigation of all missing persons cases, regardless of the age of the missing person, in accordance with part 5 and this part.

(2) (a) The department shall employ a missing persons specialist responsible for working closely with local, state, federal, and tribal law enforcement authorities on missing persons cases. The specialist shall:

(i) provide guidance and support to law enforcement authorities and families in the search for missing persons;

(ii) oversee entries into the database of the national crime information center of the United States department of justice and other databases to ensure records of missing persons are accurate, complete, and made in a timely fashion;

(iii) manage the state missing persons database and missing persons public information website;

(iv) network with other state and international missing persons programs and the national center for missing and exploited children to aid in locating children who are unlawfully taken out of or unlawfully brought into Montana;

(v) provide public outreach and education on missing persons issues and the prevention of child abductions;

(vi) issue alerts and advisories at the request of law enforcement authorities to activate public assistance in locating an endangered missing person; and

(vii) facilitate training for law enforcement authorities related to missing persons cases, including resources available to assist with missing persons investigations.

(b) The missing persons specialist shall complete cultural competency training.
Mont. Code Ann. § 44-11-308 — MT Code / Title 44 / Chapter 11 / Part 3 / Section 44-11-308
44-11-308 Limitation of powers
Status: in_force

44-11-308 . Limitation of powers. Except for the right granted by this part to jointly exercise powers, this part does not authorize any law enforcement agency of this state to exercise any power that it is not otherwise authorized to exercise.
Mont. Code Ann. § 44-4-1003 — MT Code / Title 44 / Chapter 4 / Part 10 / Section 44-4-1003
44-4-1003 Retailer participation
Status: in_force

44-4-1003 . Retailer participation. (1) Retailer participation in the program is voluntary.

(2) A retailer participating in the program shall make reasonable efforts to deter the theft or improper sale of products used in the illicit manufacture of methamphetamine, including products containing ephedrine and pseudoephedrine, by:

(a) implementing product management practices that deter theft or suspicious purchases of the products, including placing signs at strategic locations within the retail establishment to inform patrons of the retailer's participation in the program; and

(b) providing annual personnel training on products used in the illicit manufacture of methamphetamine and procedures to follow on observing theft or suspicious purchases of those products.
Mont. Code Ann. § 44-1-1003 — MT Code / Title 44 / Chapter 1 / Part 10 / Section 44-1-1003
44-1-1003 Offenses on highways, highway rest areas, state highway properties adjacent to highway, and capitol complex or involving motor vehicles
Status: in_force

44-1-1003 . Offenses on highways, highway rest areas, state highway properties adjacent to highway, and capitol complex or involving motor vehicles. Patrol officers are considered police officers for the purpose of making arrests for all offenses occurring on the highways, highway rest areas, state highway properties adjacent to the highway, and the capitol complex as defined in 2-17-802 or involving the use of motor vehicles or the registration thereof and for the purpose of serving warrants of arrest in connection with such violations.
Mont. Code Ann. § 44-1-504 — MT Code / Title 44 / Chapter 1 / Part 5 / Section 44-1-504
44-1-504 Special revenue account to partially fund highway patrol officers' salaries
Status: in_force

44-1-504 . (Temporary) Special revenue account to partially fund highway patrol officers' salaries. (1) There is an account in the state special revenue fund provided for in 17-2-102 .

(2) The money in the account is for the department of justice to fund, pursuant to 2-18-303 (5):

(a) the base salary and associated operating costs for highway patrol officer positions; and

(b) biennial salary increases for highway patrol officers.

(3) (a) By August 15, 2021, the state treasurer shall transfer $4 million from the account to the highway patrol officers' retirement pension trust fund.

(b) By August 15, 2022, the state treasurer shall transfer $2 million from the account to the highway patrol officers' retirement pension trust fund.

(4) Starting July 1, 2023, and in each fiscal year thereafter, the state treasurer shall transfer $500,000 from the account to the highway patrol officers' retirement pension trust fund by August 15. (Terminates on occurrence of contingency--sec. 3, Ch. 472, L. 2021.)
Mont. Code Ann. § 44-7-403 — MT Code / Title 44 / Chapter 7 / Part 4 / Section 44-7-403
44-7-403 Duties of board
Status: in_force

44-7-403 . Duties of board. The board of crime control:

(1) may adopt rules necessary to carry out the purposes of this part;

(2) may spend no more than 5% of the appropriated funds for administrative costs of the grant program;

(3) shall accept federal funds that may be available for use in carrying out the provisions of this part;

(4) may use state funds as a match for federal funds if required; and

(5) may conduct research and compile statistics relating to domestic violence.
Mont. Code Ann. § 44-10-103 — MT Code / Title 44 / Chapter 10 / Part 1 / Section 44-10-103
44-10-103 Establishment of academy
Status: in_force

44-10-103 . Establishment of academy. There is hereby established a Montana law enforcement academy.
Mont. Code Ann. § 44-13-103 — MT Code / Title 44 / Chapter 13 / Part 1 / Section 44-13-103
44-13-103 Limitations on use of special law enforcement assistance account
Status: in_force

44-13-103 . Limitations on use of special law enforcement assistance account. (1) After property is credited to the account, the attorney general may:

(a) transfer the property to any local or state law enforcement agency to be used for criminal investigation purposes;

(b) sell the property by public sale;

(c) destroy any illegal or controlled substances and sell or destroy raw materials, products, and equipment used or intended for use in manufacturing, compounding, or processing a controlled substance;

(d) compromise and pay claims against the property; and

(e) make any other disposition of the property authorized by law.

(2) Money and proceeds from property credited to the account may be used by the attorney general for:

(a) the payment of any expenses necessary to seize, detain, appraise, inventory, safeguard, maintain, advertise, or sell seized, detained, or forfeited property, including but not limited to payment for contract services and reimbursement to a federal, state, or local agency for its expenses;

(b) the payment of awards for information or assistance leading to a criminal proceeding or a civil forfeiture proceeding;

(c) the compromise and payment of claims against property;

(d) the payment of sums for criminal investigation purposes, including but not limited to:

(i) payment of informants;

(ii) use by undercover agents to purchase unlawful substances, including, without limitation, counterfeit or real controlled substances, pornographic materials, stolen property, or other contraband;

(iii) use by undercover agents as gambling front money; and

(iv) payment of overtime to state or local law enforcement officers when engaged in special criminal investigations;

(e) the payment for services for victims of crimes as provided in Title 53, chapter 9, part 1; and

(f) matching federal grants for criminal investigation purposes.
Mont. Code Ann. § 44-11-311 — MT Code / Title 44 / Chapter 11 / Part 3 / Section 44-11-311
44-11-311 Authorization to appropriate funds for purpose of agreement
Status: in_force

44-11-311 . Authorization to appropriate funds for purpose of agreement. Any law enforcement agency of this state may appropriate funds for and may sell, lease, or otherwise supply material to any entity created for the purpose of performance of an agreement and may provide such personnel or services therefor as are within its authority to furnish.
Mont. Code Ann. § 44-1-111 — MT Code / Title 44 / Chapter 1 / Part 1 / Section 44-1-111
44-1-111 Montana highway patrol headquarters named after Kris Hansen
Status: in_force

44-1-111 . Montana highway patrol headquarters named after Kris Hansen. (1) The headquarters of the Montana highway patrol is named after Kris Hansen, former chief deputy attorney general and state legislator.

(2) The department of justice shall implement renaming the headquarters.
Mont. Code Ann. § 44-1-611 — MT Code / Title 44 / Chapter 1 / Part 6 / Section 44-1-611
44-1-611 Tenure
Status: in_force

44-1-611 . Tenure. Each person employed or appointed and designated as a chief, captain, lieutenant, sergeant, patrol officer, or any other rank under and pursuant to the provisions of this chapter, except as provided in 44-1-601 and 44-1-602 , shall continue in service and hold the position without demotion until suspended, demoted, or discharged in the manner provided in parts 7 through 9 of this chapter for one or more of the causes specified in 44-1-612 .
Mont. Code Ann. § 44-15-101 — MT Code / Title 44 / Chapter 15 / Part 1 / Section 44-15-101
44-15-101 Short title
Status: in_force

44-15-101 . Short title. This part may be cited as the "Facial Recognition for Government Use Act".
Mont. Code Ann. § 44-1-203 — MT Code / Title 44 / Chapter 1 / Part 2 / Section 44-1-203
44-1-203 Salary and expenses
Status: in_force

44-1-203 . Salary and expenses. The chief shall receive a salary fixed by the attorney general within the limits of the legislative appropriation for such purpose and travel expenses, as provided for in 2-18-501 through 2-18-503 .
Mont. Code Ann. § 44-2-401 — MT Code / Title 44 / Chapter 2 / Part 4 / Section 44-2-401
44-2-401 Missing persons -- dental records
Status: in_force

44-2-401 . Missing persons -- dental records. (1) Any person who reports a missing person to a police department, sheriff's office, or other law enforcement authority must be given a form, supplied by the department of justice, that authorizes the release of the dental records of the missing person. The form must state that if the person is still missing 30 days after the report was made, the form may be signed by a relative of the missing person and taken to the dentist of the missing person, who shall release the dental records or copies of the records to the relative. The records must be submitted by the relative within the next 10 days to the law enforcement authority to which the missing person report was made.

(2) If the missing person has not been found within 30 days after the report was made and no relative exists or can be located, the law enforcement authority may execute a signed written declaration stating that an investigation into the location of the missing person is being conducted and that the dental records may be necessary to the investigation. A dentist shall release the missing person's dental records upon presentation of the declaration.

(3) If a person reported missing has not been found within 45 days after the report was made, the law enforcement authority conducting the investigation shall confer with the county coroner or state medical examiner and write a missing person report on a form supplied by the department of justice. The report and any dental records or copies of the records obtained under this section must be submitted to the department of justice.

(4) The department of justice shall maintain an information file concerning each person reported to it as missing. The file must include information received under this section and any other information the department considers relevant to locating the missing person.

(5) The department files must be made available to any law enforcement agency attempting to locate missing persons.

(6) A law enforcement authority that finds a missing person or is notified that a missing person has been found shall notify the department of justice, which shall return all dental records to the dentist and destroy the file prepared under subsection (4) concerning the person.
Mont. Code Ann. § 44-11-201 — MT Code / Title 44 / Chapter 11 / Part 2 / Section 44-11-201
44-11-201 Retention of rights of employment
Status: in_force

44-11-201 . Retention of rights of employment. A peace officer rendering assistance under 44-11-101 is entitled to the same wage, salary, pension, workers' compensation, and all other service rights for service rendered under that section as for service rendered within the law enforcement entity in which the officer is normally employed.
Mont. Code Ann. § 44-5-201 — MT Code / Title 44 / Chapter 5 / Part 2 / Section 44-5-201
44-5-201 Scope of authority to collect, process, and preserve criminal justice information
Status: in_force

44-5-201 . Scope of authority to collect, process, and preserve criminal justice information. A criminal justice agency may collect, process, and preserve only that criminal justice information which is necessary for the performance of its authorized functions.
Mont. Code Ann. § 44-12-213 — MT Code / Title 44 / Chapter 12 / Part 2 / Section 44-12-213
44-12-213 Disposition of proceeds of sale
Status: in_force

44-12-213 . Disposition of proceeds of sale. (1) Whenever property is seized, forfeited, and sold under the provisions of this chapter, the net proceeds of the sale must be distributed as follows:

(a) to the holders of security interests who have presented proper proof of their claims, if any, up to the amount of their interests in the property;

(b) the remainder, if any, to the county treasurer of the county in which the property was seized, who shall establish and maintain a drug forfeiture account and deposit the remainder into the account, except as provided in subsections (1)(c) through (1)(e);

(c) if the property was seized within the corporate limits of a city or town by a law enforcement agency of that city or town, the remainder, if any, to the city or town treasurer, who shall establish and maintain a drug forfeiture account and deposit the remainder into the account, except as provided in subsections (1)(d) and (1)(e);

(d) if the property was seized by an employee of the state, the remainder, if any, is allocated as provided in subsection (3), except as provided in subsection (1)(e); and

(e) if the property was seized as a result of the efforts of more than one law enforcement agency, the remainder, if any, to the accounts required by this subsection (1), pro rata in the proportions represented by the agencies' expenses of investigation, as determined by the attorney general.

(2) All proceeds from any source that are deposited into a county, city, or town drug forfeiture account must in each fiscal year be appropriated to and remain available until expended by the confiscating agency for drug laws enforcement and education concerning drugs.

(3) (a) Each year, the first $125,000 of net proceeds received by the state under subsections (1)(d) and (1)(e) must be deposited in an account in the state special revenue fund to the credit of the department of justice. The department may expend the money in the account only for purposes of enforcement of drug laws. An amount up to $125,000 each year is statutorily appropriated, as provided in 17-7-502 , to the attorney general for enforcement of drug laws. Any expenditure in excess of $125,000 each fiscal year requires approval through budget amendment, as provided in Title 17, chapter 7, part 4.

(b) Each year, net proceeds in excess of $125,000 that are received by the state under subsections (1)(d) and (1)(e) must be deposited equally between the state special revenue account and the general fund.
Mont. Code Ann. § 44-1-801 — MT Code / Title 44 / Chapter 1 / Part 8 / Section 44-1-801
44-1-801 Notice of hearing
Status: in_force

44-1-801 . Notice of hearing. (1) The department of justice shall, at least 10 days before the time appointed for a hearing, serve written notice on the accused patrol officer, specifying the charge or charges filed and stating the name of the person or persons making the charge or charges.

(2) If the accused patrol officer is located within the state and the officer's whereabouts is known, the service required by subsection (1) must be made personally. If the accused patrol officer is located outside the state and the officer's whereabouts is known, service may be made by mailing the written notice to the officer's place of residence. If, at the time, the whereabouts of the accused patrol officer is unknown, service may be made upon the officer by mailing the written notice to the officer at the officer's last-known place of residence in Montana.
Mont. Code Ann. § 44-2-505 — MT Code / Title 44 / Chapter 2 / Part 5 / Section 44-2-505
44-2-505 Duties of law enforcement authority
Status: in_force

44-2-505 . Duties of law enforcement authority. Whenever a parent, guardian, or legal custodian of a child files a report with a law enforcement authority that the child is missing, the law enforcement authority shall within 2 hours of the report:

(1) inform all on-duty law enforcement officers of the existence of the missing child report;

(2) communicate the report to all other law enforcement authorities having jurisdiction in the county;

(3) enter the missing child report into the national crime information center computer system; and

(4) if the missing child is enrolled in a Montana public school district, request the child's directory photograph from the superintendent of public instruction pursuant to 20-7-1317 . If a directory photograph is available, it must be included with the missing child report.
Mont. Code Ann. § 44-5-211 — MT Code / Title 44 / Chapter 5 / Part 2 / Section 44-5-211
44-5-211 Records -- form, contents, limits on use
Status: in_force

44-5-211 . Records -- form, contents, limits on use. A criminal justice agency originating initial offense reports, initial arrest records, bail records, or daily jail occupancy rosters may maintain a chronological or numerical record of these items. These records may not contain any prior criminal history record information and may not be used to gain access to any other public criminal justice information.
Mont. Code Ann. § 44-5-213 — MT Code / Title 44 / Chapter 5 / Part 2 / Section 44-5-213
44-5-213 Procedures to ensure accuracy of criminal history records
Status: in_force

44-5-213 . Procedures to ensure accuracy of criminal history records. In order to ensure complete and accurate criminal history record information:

(1) the department of justice shall maintain a centralized state repository of criminal history record information to serve all criminal justice agencies in the state;

(2) dispositions resulting from formal proceedings in a court having jurisdiction in a criminal action against an individual who has been photographed and fingerprinted under 44-5-202 shall be reported to the originating agency and the state repository within 15 days. If the dispositions can readily be collected and reported through the court system, the dispositions may be submitted to the state repository by the administrative office of the courts.

(3) an originating agency shall advise the state repository within 30 days of all dispositions concerning the termination of criminal proceedings against an individual who has been photographed and fingerprinted under 44-5-202 ;

(4) the department of corrections shall advise the state repository within 30 days of all dispositions subsequent to conviction of an individual who has been photographed and fingerprinted under 44-5-202 ;

(5) each criminal justice agency shall query the state repository prior to dissemination of any criminal history record information to ensure the timeliness of the information. When no final disposition is shown by the state repository records, the state repository shall query the source of the document or other appropriate source for current status. Inquiries must be made prior to any dissemination except in those cases in which time is of the essence and the repository is technically incapable of responding within the necessary time period. If time is of the essence, the inquiry must still be made and the response must be forwarded as soon as it is received.

(6) each criminal justice agency shall ensure that all its criminal justice information is complete, accurate, and current; and

(7) the department of justice shall adopt rules for criminal justice agencies other than those that are part of the judicial branch of government to implement this section. The department of justice may adopt rules for the same purpose for the judicial branch of government if the supreme court consents to the rules.
Mont. Code Ann. § 44-3-211 — MT Code / Title 44 / Chapter 3 / Part 2 / Section 44-3-211
44-3-211 Duties of state chief medical examiner and deputy medical examiner
Status: in_force

44-3-211 . Duties of state chief medical examiner and deputy medical examiner. The duties of the state chief medical examiner and deputy medical examiner include but are not limited to the following:

(1) providing assistance and consultation to associate medical examiners, coroners, and law enforcement officers;

(2) providing court testimony when necessary to accomplish the purposes of this chapter;

(3) stimulating and directing research in the field of forensic pathology;

(4) maintaining an ongoing educational and training program for associate medical examiners, coroners, and law enforcement officers;

(5) appointing associate medical examiners; and

(6) performing autopsies as requested.
Mont. Code Ann. § 44-1-910 — MT Code / Title 44 / Chapter 1 / Part 9 / Section 44-1-910
44-1-910 Waiver
Status: in_force

44-1-910 . Waiver. A patrol officer may waive, in writing, the officer's rights under parts 7 and 8 of this chapter and accept discipline considered appropriate by the department of justice.
Mont. Code Ann. § 44-1-512 — MT Code / Title 44 / Chapter 1 / Part 5 / Section 44-1-512
44-1-512 Determination of eligibility for salary benefit
Status: in_force

44-1-512 . Determination of eligibility for salary benefit. (1) The highway patrol chief shall determine whether an injury incurred by an officer was incurred in the performance of the officer's duties and whether an injury incurred resulted in a disability.

(2) In determining the nature and extent of an officer's injuries and the extent of any recovery, the chief shall seek and consider the medical opinion of a qualified physician who has examined the injured officer. The chief may seek a second medical opinion.
Mont. Code Ann. § 44-4-408 — MT Code / Title 44 / Chapter 4 / Part 4 / Section 44-4-408
44-4-408 Investigations report
Status: in_force

44-4-408 . Investigations report. Starting October 1, 2023, and each quarter after, the council shall provide a written report on pending investigations to the law and justice interim committee in accordance with 5-11-210 . The report must protect the privacy rights of the individuals involved and must provide for each investigation:

(1) when it was opened;

(2) the process that remains to be completed; and

(3) the likely timing for resolution of the investigation.
Mont. Code Ann. § 44-1-515 — MT Code / Title 44 / Chapter 1 / Part 5 / Section 44-1-515
44-1-515 Assignment to light duty or another position within department of justice
Status: in_force

44-1-515 . Assignment to light duty or another position within department of justice. (1) The chief, taking into consideration the medical opinions that the chief has received, may determine at any time that an injured officer is able to perform light duty consistent with the officer's status as a law enforcement officer and may order that the officer be assigned to the light duty. If the officer refuses to perform the light duty, payment of the salary benefit under 44-1-511 must be discontinued.

(2) The chief may order that the injured officer be transferred from the position covered under the highway patrol officers' retirement system to another position within the department of justice that is not covered under the highway patrol officers' retirement system. An officer may decline to accept a transfer under this subsection with no loss of salary benefit.
Mont. Code Ann. § 44-5-111 — MT Code / Title 44 / Chapter 5 / Part 1 / Section 44-5-111
44-5-111 Court order to enforce compliance
Status: in_force

44-5-111 . Court order to enforce compliance. Any person may apply for an order from a district court to enforce compliance with any provision of this chapter.
Mont. Code Ann. § 44-1-401 — MT Code / Title 44 / Chapter 1 / Part 4 / Section 44-1-401
44-1-401 Qualifications of patrol officers
Status: in_force

44-1-401 . Qualifications of patrol officers. Patrol officers shall possess the following qualifications:

(1) sound and active physical and mental condition;

(2) good moral character;

(3) residency in Montana;

(4) having passed a satisfactory test in the operation of automobiles; and

(5) citizenship in the United States.
Mont. Code Ann. § 44-1-802 — MT Code / Title 44 / Chapter 1 / Part 8 / Section 44-1-802
44-1-802 Authority of department of justice -- conduct of hearing
Status: in_force

44-1-802 . Authority of department of justice -- conduct of hearing. (1) The department of justice shall be the authority to hear such charge or charges and render a decision and appropriate order.

(2) The department shall have the power to compel the attendance of witnesses at any such hearing and to examine them under oath and to require the production of books, papers, and other evidence at such hearing and, for those purposes, to issue subpoenas and cause the same to be served and executed in any part of the state.
Mont. Code Ann. § 44-1-804 — MT Code / Title 44 / Chapter 1 / Part 8 / Section 44-1-804
44-1-804 Rendering and filing of decision
Status: in_force

44-1-804 . Rendering and filing of decision. The department of justice shall, within 30 days after such hearing or within the additional time to which the accused patrol officer consents, render its decision in writing and file same in its office, with the chief, and with the patrol officer accused.
Mont. Code Ann. § 44-2-507 — MT Code / Title 44 / Chapter 2 / Part 5 / Section 44-2-507
44-2-507 Notice to parents of children absent from school
Status: in_force

44-2-507 . Notice to parents of children absent from school. The trustees of any elementary or high school district shall establish procedures to be followed by school personnel for attempting to contact by the end of a school day any parent, guardian, or legal custodian whose child is absent from school but who has not reported the child as absent for the school day to determine whether the parent, guardian, or legal custodian is aware of the child's absence from school.
Mont. Code Ann. § 44-11-310 — MT Code / Title 44 / Chapter 11 / Part 3 / Section 44-11-310
44-11-310 Filing of agreement
Status: in_force

44-11-310 . Filing of agreement. Within 20 days after the final approval by the governing bodies of all parties to the agreement, an agreement made pursuant to this part must be filed in the office of:

(1) each clerk and recorder of each county of this state where the principal office of one of the parties to the agreement is located; and

(2) the secretary of state.
Mont. Code Ann. § 44-4-1101 — MT Code / Title 44 / Chapter 4 / Part 11 / Section 44-4-1101
44-4-1101 Water right enforcement account -- statutory appropriation
Status: in_force

44-4-1101 . Water right enforcement account -- statutory appropriation. (1) There is a water right enforcement account in the state special revenue fund.

(2) Fines collected pursuant to 85-2-122 (3)(b) must be deposited in the water right enforcement account.

(3) The money in the account is statutorily appropriated, as provided in 17-7-502 , to the department of justice to enforce the provisions of 85-2-114 .
Mont. Code Ann. § 44-1-805 — MT Code / Title 44 / Chapter 1 / Part 8 / Section 44-1-805
44-1-805 Reinstatement and backpay upon exoneration
Status: in_force

44-1-805 . Reinstatement and backpay upon exoneration. If after the hearing the department of justice finds that the charge or charges made against the patrol officer are not true, the department shall reinstate the accused patrol officer to the officer's position and rank and shall order the payment of any salary withheld pending the determination of the charge or charges.
Mont. Code Ann. § 44-5-504 — MT Code / Title 44 / Chapter 5 / Part 5 / Section 44-5-504
44-5-504 Section standards and procedures
Status: in_force

44-5-504 . Section standards and procedures. The attorney general, in conjunction with the department of justice and after considering recommendations of the advisory council, shall adopt standards and procedures for the operation of the section. The standards and procedures must ensure compliance with this part by the section and must include safeguards of individual privacy rights as provided in this chapter.
Mont. Code Ann. § 44-12-211 — MT Code / Title 44 / Chapter 12 / Part 2 / Section 44-12-211
44-12-211 Innocent owner -- ownership interest in property subject to forfeiture
Status: in_force

44-12-211 . Innocent owner -- ownership interest in property subject to forfeiture. (1) The property of an innocent owner is not subject to forfeiture under 44-12-207 through 44-12-210 .

(2) A property owner or person with an ownership interest in property subject to forfeiture must be declared an innocent owner if:

(a) the property owner or person with an ownership interest in the property can establish a legal right, title, or interest in the seized property; and

(b) the state is unable to prove by clear and convincing evidence that the owner or person with an ownership interest in the property had actual knowledge of the crime associated with a forfeiture proceeding.
Mont. Code Ann. § 44-4-1603 — MT Code / Title 44 / Chapter 4 / Part 16 / Section 44-4-1603
44-4-1603 Definitions
Status: in_force

44-4-1603 . Definitions. As used in this part, the following definitions apply:

(1) "Advisory council" means the statewide public safety communications system advisory council established in 44-4-1604 .

(2) "Department" means the department of justice established in 2-15-2001 .

(3) "FirstNet" means a radio access network planned in connection with a first responder network authority's nationwide public safety broadband network for the purpose of supporting public safety voice and data communications.

(4) "Public safety communications system" means a system used primarily by public safety agencies for transmitting and receiving voice, data, or both voice and data communications. The term includes but is not limited to:

(a) the statewide trunked land-mobile radio system;

(b) a statewide microwave network;

(c) any system interconnections that facilitate the operation of the statewide trunked land-mobile radio system; and

(d) future technology that enhances or replaces existing trunked land-mobile radio systems or microwave networks.
Mont. Code Ann. § 44-1-903 — MT Code / Title 44 / Chapter 1 / Part 9 / Section 44-1-903
44-1-903 Reinstatement and backpay upon reversal or modification
Status: in_force

44-1-903 . Reinstatement and backpay upon reversal or modification. If the decision or determination of the department of justice is finally reversed or modified, the accused patrol officer must be reinstated in the officer's position. Upon reinstatement, the department shall pay to the patrol officer any salary or wages withheld from the officer pending the determination of the charge or charges or take action that may be directed by resolution of the grievance procedure or the court.