2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 23. Probation, Parole, and Clemency › Part 5. Registration of Sexual and Violent Offenders › 46-23-508. Dissemination of information

46-23-508. Dissemination of information.
(1) Information maintained under this part is confidential criminal justice information, as defined in 44-5-103, except that:
(a) the name and address of a registered sexual or violent offender are public criminal justice information, as defined in 44-5-103; and
(b) the department of justice or the registration agency shall release any offender registration information that it possesses relevant to the public if the department of justice or the registration agency determines that a registered offender is a risk to the safety of the community and that disclosure of the registration information that it possesses may protect the public and, at a minimum:
(i) if the offender is also a violent offender, the department of justice shall and the registration agency may disseminate to the victim and the public:
(A) the offender's name; and
(B) the offenses for which the offender is required to register under this part;
(ii) if a sexual offender was given a level 1 designation under 46-23-509, the department of justice shall and the registration agency may disseminate to the victim and the public:
(A) the offender's address;
(B) the name, photograph, and physical description of the offender;
(C) the offender's date of birth;
(D) the offenses for which the offender is required to register under this part;
(E) the offender's employer address; and
(F) the offender's postsecondary school address.
(iii) if a sexual offender was given a level 1 designation and committed an offense against a minor or was given a level 2 designation under 46-23-509, the department of justice shall and the registration agency may disseminate to the victim and the public:
(A) the offender's address;
(B) the type of victim targeted by the offense;
(C) the name, photograph, and physical description of the offender;
(D) the offender's date of birth;
(E) the license plate number and a description of any motor vehicle owned or operated by the offender;
(F) the offenses for which the offender is required to register under this part;
(G) the offender's employer address;
(H) the offender's postsecondary school address; and
(I) any conditions imposed by the court upon the offender for the safety of the public; and
(iv) if a sexual offender was given a level 3 designation under 46-23-509, the department of justice and the registration agency shall give the victim and the public notification that includes the information contained in subsection (1)(b)(iii). The notification must also include the date of the offender's release from confinement or, if not confined, the date the offender was sentenced, with a notation that the offender was not confined, and must include the community in which the offense occurred.
(c) prior to release of information under subsection (1)(b), a registration agency may, in its sole discretion, request an in camera review by a district court of the determination by the registration agency under subsection (1)(b). The court shall review a request under this subsection (1)(c) and shall, as soon as possible, render its opinion so that release of the information is not delayed beyond release of the offender from confinement.
(2) The identity of a victim of an offense for which registration is required under this part may not be released by a registration agency without the permission of the victim.
(3) Dissemination to the public of information allowed or required by this section may be done by newspaper, paper flyers, the internet, or any other media determined by the disseminating entity. In determining the method of dissemination, the disseminating entity should consider the level of risk posed by the offender to the public.
(4) The department of justice shall develop a model community notification policy to assist registration agencies in implementing the dissemination provisions of this section.
History: En. Sec. 11, Ch. 407, L. 1995; En. Sec. 10, Ch. 550, L. 1995; amd. Sec. 11, Ch. 375, L. 1997; amd. Sec. 1, Ch. 219, L. 1999; amd. Sec. 2, Ch. 222, L. 2001; amd. Sec. 23, Ch. 483, L. 2007; amd. Sec. 82, Ch. 2, L. 2009; amd. Sec. 5, Ch. 643, L. 2023.