reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 5. Criminal Justice Information › Part 2. Collection and Processing › 44-5-214. Inspection or transfer of criminal history records

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.
History: En. Sec. 19, Ch. 525, L. 1979; amd. Sec. 3, Ch. 603, L. 1993.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 5. Criminal Justice Information › Part 2. Collection and Processing › 44-5-215. Challenge and correction

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.
History: En. Sec. 20, Ch. 525, L. 1979; amd. Sec. 1627, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 5. Criminal Justice Information › Part 3. Dissemination › 44-5-301. Dissemination of public criminal justice information

44-5-301. Dissemination of public criminal justice information.
(1) There are no restrictions on the dissemination of public criminal justice information.
(2) (a) All public criminal justice information is available from the department or the agency that is the source of the original documents and that is authorized to maintain the documents according to applicable law. These documents must be open, subject to the restrictions in this section, during the normal business hours of the agency. A reasonable charge may be made by a criminal justice agency for providing a copy of public criminal justice information.
(b) (i) A criminal justice agency shall charge a clerking fee of $100 for the release of a booking photograph prior to the termination of criminal proceedings against the individual depicted in the photograph. This fee may be waived in the case of extenuating circumstances.
(ii) If a person is convicted of an offense related to the arrest for which the booking photograph was taken, the criminal justice agency may not charge a clerking fee for the release of the booking photograph.
History: En. Sec. 10, Ch. 525, L. 1979; amd. Sec. 12, Ch. 416, L. 1999; amd. Sec. 2, Ch. 369, L. 2021.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 5. Criminal Justice Information › Part 3. Dissemination › 44-5-304. Development of statistical information -- agreements as to access

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.
History: En. Sec. 13, Ch. 525, L. 1979.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 5. Criminal Justice Information › Part 3. Dissemination › 44-5-305. Dissemination of copied or inspected records

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.
History: En. Sec. 21, Ch. 525, L. 1979.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 5. Criminal Justice Information › Part 3. Dissemination › 44-5-306. Criminal history record information account

44-5-306. Criminal history record information account.
(1) There is a criminal history record information account in the state special revenue fund. Money collected pursuant to 44-5-307 must be deposited in the account.
(2) The account must be used by the department of justice for the dissemination of criminal history record information.
History: En. Sec. 1, Ch. 182, L. 2003.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 5. Criminal Justice Information › Part 3. Dissemination › 44-5-307. Use of criminal history record information account -- staffing -- funding

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.
History: En. Sec. 2, Ch. 182, L. 2003.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 5. Criminal Justice Information › Part 3. Dissemination › 44-5-311. Nondisclosure of information about victim

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.
History: En. Sec. 3, Ch. 125, L. 1995; amd. Sec. 16, Ch. 285, L. 2015; amd. Sec. 6, Ch. 167, L. 2023.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 5. Criminal Justice Information › Part 4. System Security › 44-5-401. Criminal justice information system security

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.
History: En. Sec. 14, Ch. 525, L. 1979.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 5. Criminal Justice Information › Part 4. System Security › 44-5-402. Automated equipment

44-5-402. Automated equipment.
In an automated criminal justice information system, information shall be collected, processed, and preserved on a computer dedicated solely to criminal justice information, except that, if this is impractical, a central computer may be used if adequate safeguards are built into the criminal justice information system to prevent unauthorized inquiry, modification, or destruction of criminal justice information in conformity with the current federal regulations in 28 CFR section 20.21(f) or any amendment thereto.
History: En. Sec. 15, Ch. 525, L. 1979.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 5. Criminal Justice Information › Part 4. System Security › 44-5-403. Computer programming

44-5-403. Computer programming.
Procedures for each automated criminal justice information system shall assure that the information is secured by the following programming techniques and security procedures:
(1) the assignment of a terminal identification code to each terminal authorized to access the criminal justice information system;
(2) the assignment of a unique identification number to each authorized terminal operator, which number must be used to gain access to the files;
(3) the maintenance of a record of each inquiry to identify the inquiring agency, the program used to make the inquiry, the date of the inquiry, and the name of the file being queried;
(4) computer programming controls to ensure that each terminal user can obtain only that information which the user is authorized to use;
(5) creation and use of a safe place for storage of duplicate computer files;
(6) built-in program controls to ensure that each terminal is limited to the appropriate or authorized information that can be input, modified, or canceled from it;
(7) destruction or safeguarding of system documentation and data input forms; and
(8) creation of reports to provide for an audit trail and periodic review of file accessed, modifications, and deletions. All criminal justice intelligence information shall be identified as such.
History: En. Sec. 16, Ch. 525, L. 1979.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 5. Criminal Justice Information › Part 4. System Security › 44-5-404. Manual equipment

44-5-404. Manual equipment.
In a manual criminal justice information system, information shall be protected as follows:
(1) provision of adequate physical security;
(2) marking of all criminal justice intelligence information and precautions against unauthorized copying; and
(3) establishment of a log of each external inquiry to reflect the identity of the inquirer, the date of inquiry, and the name of the files being queried.
History: En. Sec. 17, Ch. 525, L. 1979.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 5. Criminal Justice Information › Part 4. System Security › 44-5-405. Personnel

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.
History: En. Sec. 18, Ch. 525, L. 1979.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 5. Criminal Justice Information › Part 5. Criminal Intelligence Information Section › 44-5-501. Creation of criminal intelligence information section -- advisory council

44-5-501. Creation of criminal intelligence information section -- advisory council.
(1) The department of justice may create a criminal intelligence information section.
(2) (a) If a section is created under subsection (1), the attorney general shall establish a criminal intelligence information advisory council in accordance with 2-15-122, consisting of one representative from the Montana chiefs of police association, one representative from the Montana sheriffs and peace officers association, one representative from the Montana county attorneys association, one member of the department of justice, a member of the judiciary committee of either the house of representatives or the senate, and a citizen at large.
(b) The representatives from the Montana chiefs of police association and the Montana sheriffs and peace officers association must be sworn officers of a participating agency.
(c) The department of justice member may not be an employee of the department involved in criminal intelligence or criminal investigation work.
(d) Members of the advisory council serve at the pleasure of the attorney general.
(e) The department shall provide staff and support services for the advisory council.
History: En. Sec. 1, Ch. 145, L. 1985; amd. Sec. 13, Ch. 503, L. 1985.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 5. Criminal Justice Information › Part 5. Criminal Intelligence Information Section › 44-5-502. Definitions

44-5-502. Definitions.
In this part the following definitions apply:
(1) "Advisory council" means the criminal intelligence information advisory council provided for in 44-5-501.
(2) "Section" means the criminal intelligence information section provided for in 44-5-501.
History: En. Sec. 2, Ch. 145, L. 1985.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 5. Criminal Justice Information › Part 5. Criminal Intelligence Information Section › 44-5-503. Duties of section

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.
History: En. Sec. 3, Ch. 145, L. 1985.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 5. Criminal Justice Information › Part 5. Criminal Intelligence Information Section › 44-5-504. Section standards and procedures

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.
History: En. Sec. 8, Ch. 145, L. 1985; amd. Sec. 13, Ch. 503, L. 1985.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 5. Criminal Justice Information › Part 5. Criminal Intelligence Information Section › 44-5-505. Section supervisor and personnel

44-5-505. Section supervisor and personnel.
(1) The attorney general shall designate a section supervisor.
(2) The department of justice may employ necessary personnel for the efficient and secure operation of the section, subject to approval of the personnel by the attorney general.
History: En. Sec. 4, Ch. 145, L. 1985; amd. Sec. 13, Ch. 503, L. 1985.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 5. Criminal Justice Information › Part 5. Criminal Intelligence Information Section › 44-5-506. Participating agencies

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.
History: En. Sec. 6, Ch. 145, L. 1985; amd. Sec. 13, Ch. 503, L. 1985; amd. Sec. 16, Ch. 36, L. 2005.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 5. Criminal Justice Information › Part 5. Criminal Intelligence Information Section › 44-5-511. Functions of advisory council

44-5-511. Functions of advisory council.
The advisory council shall:
(1) recommend general policies for the operation of the section;
(2) recommend the approval or denial of an application from an eligible agency for participation in the section;
(3) recommend the suspension of a participant agency for due cause; and
(4) recommend, if appropriate, the reinstatement of a suspended participant agency.
History: En. Sec. 5, Ch. 145, L. 1985.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 5. Criminal Justice Information › Part 5. Criminal Intelligence Information Section › 44-5-515. Protection of individual privacy

44-5-515. Protection of individual privacy.
The advisory council shall review and evaluate the implementation of the section's safeguards of individual privacy rights adopted pursuant to 44-5-504 and periodically inspect all records relating to dissemination of information to determine whether they are in compliance with this part and with the standards and procedures adopted by the section. The advisory council shall make an annual report to the attorney general.
History: En. Sec. 7, Ch. 145, L. 1985.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 5. Criminal Justice Information › Part 6. National Crime Prevention and Privacy Compact › 44-5-602. Appointment of compact officer

44-5-602. Appointment of compact officer.
The attorney general shall appoint a compact officer for the purpose of complying with Article III (2)(a) of the National Crime Prevention and Privacy Compact.
History: En. Sec. 2, Ch. 220, L. 1999.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 6. DNA Records › Part 1. DNA Index › 44-6-101. Definitions

44-6-101. Definitions.
As used in this part, the following definitions apply:
(1) "Biological sample" means cheek cells removed by using a buccal swab of a type authorized by the department or a vial or other container of blood.
(2) "Department" means the department of justice provided for in 2-15-2001.
(3) "DNA" means deoxyribonucleic acid.
(4) "DNA identification index" means the DNA identification record system established under 44-6-102.
(5) "DNA record" means DNA identification information stored in the DNA identification index for purposes of establishing identification in connection with law enforcement investigations or supporting statistical interpretation of the results of DNA analysis. The DNA record is considered the objective form of the results of a DNA analysis, such as the numerical representation of DNA fragment lengths, autoradiographs and the digital image of autoradiographs, and discrete allele assignment numbers.
(6) "DNA testing" means DNA analysis of materials derived from the human body for the purposes of identification consistent with this part.
(7) "Felony offense" means any offense under the Montana Code Annotated for which the maximum potential sentence under statute is death or imprisonment in a state prison for a term exceeding 1 year.
(8) "Forensic DNA laboratory" means any laboratory operated by state government that performs DNA analysis on materials derived from the human body for use as evidence in a criminal proceeding or for purposes of identification.
(9) "Marker" means a method of describing individuals by genetic profile, such as blood or DNA type, and has the specific meaning given to the word by department rule, which must take into account the meaning generally given to the word for forensic typing by DNA technologists.
(10) "Sexual offense" means the offenses contained in the definition of that term in 46-23-502.
(11) "Violent offense" has the meaning contained in 46-23-502.
History: En. Sec. 1, Ch. 251, L. 1995; amd. Sec. 2, Ch. 375, L. 1997; amd. Sec. 2, Ch. 147, L. 1999; amd. Sec. 1, Ch. 565, L. 2001; amd. Sec. 1, Ch. 155, L. 2005.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 6. DNA Records › Part 1. DNA Index › 44-6-102. Establishment of DNA identification index

44-6-102. Establishment of DNA identification index.
(1) The department shall establish a computerized DNA identification index for the receipt, storage, and exchange of DNA records. The DNA identification index is the central repository for DNA records in the state of Montana.
(2) The DNA identification index must include:
(a) DNA records for an individual convicted of a felony offense or a youth found under 41-5-1502 to have committed a sexual or violent offense;
(b) DNA records for a person upon order of a sentencing judge under 46-18-202; and
(c) analyses of DNA samples recovered from crime scenes, medical examinations, and unidentified human remains. For purposes of identification of missing persons, the DNA identification index may include DNA records of close biological relatives of a missing person.
(3) The DNA identification index and the DNA testing done by a forensic DNA laboratory must be compatible with the systems of DNA identification used by other criminal justice agencies or private testing laboratories to the extent necessary to permit the exchange of DNA information.
(4) The DNA records collected and stored in the DNA identification index may contain only information relating to the identification of individuals. Information that identifies a person that is the subject of a record must be limited to the information that is necessary to pursue criminal investigations and to support statistical interpretation of results.
(5) The DNA identification index may be used:
(a) by law enforcement agencies for purposes of identification in the course of criminal investigations and proceedings;
(b) to assist in the identification of human remains, including identification of missing persons; and
(c) if information allowing a person to be identified is removed, for a population statistics database and for identification, research, and protocol development for forensic DNA analysis and quality control.
History: En. Sec. 2, Ch. 251, L. 1995; amd. Sec. 3, Ch. 147, L. 1999; amd. Sec. 2, Ch. 565, L. 2001.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 6. DNA Records › Part 1. DNA Index › 44-6-103. Collection of samples and maintenance of data

44-6-103. Collection of samples and maintenance of data.
(1) Following entry of judgment, a person convicted of a felony offense, a youth found under 41-5-1502 to have committed a sexual or violent offense, a defendant ordered under 46-18-202 to provide a biological sample for DNA testing, a person required to register as a sexual or violent offender under 46-23-504, or an adult offender convicted in another state and sentenced to death or imprisonment for more than 1 year who is subject to supervision by the department of corrections pursuant to the Interstate Compact for Adult Offender Supervision provided for in 46-23-1115 shall provide a biological sample for DNA analysis to determine identification characteristics specific to the person. The sample must be provided to the department of corrections if the person is incarcerated in a facility administered by the department of corrections. If the person is not incarcerated in a facility administered by the department of corrections, the sample must be provided to a person or entity designated by the county sheriff.
(2) The biological sample must be collected, stored, and sent by the department of corrections or the person or entity designated by the county sheriff under subsection (1) to the department for entry in the DNA identification index in accordance with rules adopted by the department with the advice of the department of public health and human services.
(3) The offender is responsible, if able to pay, for the cost of the collection of the sample. The fees charged for the collection may not exceed the actual costs of collection.
(4) The forensic DNA laboratory may perform DNA analysis only for those markers that have value for law enforcement identification purposes.
(5) The knowing refusal or failure to provide a biological sample under this part is grounds for revocation of a suspended or deferred imposition of sentence.
History: En. Sec. 3, Ch. 251, L. 1995; amd. Sec. 4, Ch. 147, L. 1999; amd. Sec. 3, Ch. 565, L. 2001; amd. Sec. 1, Ch. 125, L. 2011; amd. Sec. 1, Ch. 101, L. 2013.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 6. DNA Records › Part 1. DNA Index › 44-6-104. Consumer DNA database searches -- familial DNA searches -- warrant required

44-6-104. Consumer DNA database searches -- familial DNA searches -- warrant required.
(1) A government entity may not obtain DNA search results from a consumer DNA database:
(a) without a search warrant 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 search results or search results from partial matching from the DNA identification index or a consumer DNA database without a search warrant 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) "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.
History: En. Sec. 1, Ch. 413, L. 2021.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 6. DNA Records › Part 1. DNA Index › 44-6-106. Release of DNA records

44-6-106. Release of DNA records.
(1) The DNA records contained in the DNA identification index may be released only for the following purposes:
(a) to federal, state, and local law enforcement agencies for law enforcement identification purposes;
(b) for criminal defense purposes, to a defendant for whom there is a DNA record, who is also entitled to samples and analyses held as part of the record;
(c) to assist in the identification of human remains, including missing persons; and
(d) if information allowing a person to be identified is removed, for a population statistics database and for identification, research, and protocol development for forensic DNA analysis and quality control.
(2) Requests for DNA records must be in writing, signed by the requesting party, and maintained on file in the DNA identification index in accordance with rules adopted by the department.
(3) A defendant in a criminal proceeding is entitled to information in the DNA identification index relating to the number of requests previously made for comparison searches relating to the defendant and the names of the requesting parties.
History: En. Sec. 4, Ch. 251, L. 1995.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 6. DNA Records › Part 1. DNA Index › 44-6-107. Expungement of DNA records

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.
History: En. Sec. 5, Ch. 251, L. 1995; amd. Sec. 4, Ch. 565, L. 2001.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 6. DNA Records › Part 1. DNA Index › 44-6-108. Confidentiality of records of DNA testing

44-6-108. Confidentiality of records of DNA testing.
Except as provided in this part or unless the person that they relate to consents to their release, records, findings, and results of DNA testing are confidential criminal justice information subject to the dissemination provisions of Title 44, chapter 5.
History: En. Sec. 6, Ch. 251, L. 1995.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 6. DNA Records › Part 1. DNA Index › 44-6-109. Restrictions for collection of DNA from minor by peace officer

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.
History: En. Sec. 1, Ch. 320, L. 2019.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 6. DNA Records › Part 1. DNA Index › 44-6-110. Rulemaking authority

44-6-110. Rulemaking authority.
The department shall adopt rules for the handling, collection, transportation, sampling, and storage of blood samples and to further define the term "marker". The rules concerning the handling of blood samples must ensure protection of the health of persons who may come into contact with the samples.
History: En. Sec. 7, Ch. 251, L. 1995.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 7. Board of Crime Control › Part 1. General Provisions › 44-7-101. Functions

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.
History: En. 82A-1207 by Sec. 1, Ch. 272, L. 1971; amd. Sec. 1, Ch. 61, L. 1973; amd. Sec. 1, Ch. 202, L. 1977; R.C.M. 1947, 82A-1207(4); amd. Sec. 1, Ch. 345, L. 1989; amd. Sec. 4, Ch. 58, L. 1991; amd. Sec. 1, Ch. 809, L. 1991; amd. Sec. 1, Ch. 161, L. 1993; amd. Sec. 3, Ch. 437, L. 1993; amd. Sec. 1, Ch. 315, L. 1999; amd. Sec. 2, Ch. 316, L. 2003; amd. Sec. 5, Ch. 366, L. 2005; amd. Sec. 16, Ch. 506, L. 2007; Sec. 44-4-301, MCA 2015; redes. 44-7-101 by Sec. 25(4)(a)(ii), Ch. 384, L. 2017; amd. Sec. 2, Ch. 83, L. 2021.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 7. Board of Crime Control › Part 1. General Provisions › 44-7-115. Prosecution diversion program -- rulemaking

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.
History: En. Sec. 2, Ch. 390, L. 2017.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 7. Board of Crime Control › Part 1. General Provisions › 44-7-120. Supportive housing grant program

44-7-120. Supportive housing grant program.
(1) Within the limits of available funds, the Montana board of crime control shall develop and administer a supportive housing grant program to improve access to housing for people reentering the community from the criminal justice system or who have a criminal history.
(2) Counties, cities or towns, and tribal governments are eligible to receive grant funding.
(3) Grant funds may be used to provide case management and housing placement services, support landlord engagement activities, hire housing specialists, and build or manage risk-mitigation funds to reimburse landlords for tenant-related property damages or expenses.
(4) In administering the supportive housing grant program, the board shall:
(a) identify priorities for funding services, activities, and criteria for the receipt of program funds;
(b) monitor the expenditure of funds by organizations receiving funds under this section;
(c) evaluate the effectiveness of services and activities under this section; and
(d) adopt rules as necessary to implement this section.
(5) (a) Grants available under subsection (1) consist of state appropriations and federal funds received by the board for the purposes of administering the supportive housing grant program or any funds received pursuant to subsection (5)(b).
(b) The board may accept gifts, grants, and donations from other public or private sources, which must be used within the scope of this section.
History: En. Sec. 2, Ch. 179, L. 2017.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 7. Board of Crime Control › Part 1. General Provisions › 44-7-125. Definitions

44-7-125. Definitions.
As used in 44-7-126 and this section, unless the context clearly indicates otherwise, the following definitions apply:
(1) "Agency" has the meaning provided in 2-15-102.
(2) "Board" means the board of crime control established in 2-15-2008.
(3) "Contributing entity" means an agency, the office of court administrator, a local government entity, a nongovernment entity, a tribal government, or a federal government that submits data to the criminal justice data warehouse.
(4) "Council" means the criminal justice oversight council established in 53-1-216.
(5) "Detention center" has the meaning provided in 7-32-2241.
(6) "Local government entity" includes a city, county, or consolidated city-county government entity including but not limited to a county attorney office, law enforcement agency, detention center, court, or other entity created by the city, county, or consolidated city-county government.
(7) "Nongovernment entity" includes a community corrections facility or program established under Title 53, chapter 30, part 3, or other prereleases, treatment centers, or providers that contract with the department of corrections.
History: En. Sec. 1, Ch. 641, L. 2023.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 7. Board of Crime Control › Part 2. Domestic Violence Intervention › 44-7-201. Domestic violence intervention program

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 sentencing requirements for offenders convicted of 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.
History: En. Sec. 2, Ch. 493, L. 2005; amd. Sec. 2, Ch. 104, L. 2017; amd. Sec. 5, Ch. 394, L. 2017; Sec. 44-4-311, MCA 2015; redes. 44-7-201 by Sec. 25(4)(a)(ii), Ch. 384, L. 2017.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 7. Board of Crime Control › Part 2. Domestic Violence Intervention › 44-7-202. Domestic violence intervention account -- administration by board of crime control

44-7-202. Domestic violence intervention account -- administration by board of crime control.
(1) There is a domestic violence intervention account in the state special revenue fund in the state treasury. There must be paid into this account the designated filing fees paid under 25-1-201(7) to the clerk of the district court. The money deposited in the account must be used for services provided under 44-7-201.
(2) Funds deposited in the account may be expended by the Montana board of crime control, as provided for in 2-15-2008, to fund services and activities under and payment of administrative costs of the domestic violence intervention program provided for in 44-7-201.
History: En. Sec. 1, Ch. 493, L. 2005; Sec. 44-4-310, MCA 2015; redes. 44-7-202 by Sec. 25(4)(a)(ii), Ch. 384, L. 2017.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 7. Board of Crime Control › Part 2. Domestic Violence Intervention › 44-7-203. Program costs

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.
History: En. Sec. 3, Ch. 493, L. 2005; Sec. 44-4-312, MCA 2015; redes. 44-7-203 by Sec. 25(4)(a)(ii), Ch. 384, L. 2017.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 7. Board of Crime Control › Part 2. Domestic Violence Intervention › 44-7-204. Restriction on use of funds

44-7-204. Restriction on use of funds.
Funds deposited in the domestic violence intervention account may be used only for the program authorized in 44-7-201 and the costs authorized under 44-7-203 and may not be used to pay the expenses of any other program or service administered in whole or in part by the Montana board of crime control or the department of justice.
History: En. Sec. 4, Ch. 493, L. 2005; amd. Sec. 11, Ch. 384, L. 2017; Sec. 44-4-313, MCA 2015; redes. 44-7-204 by Sec. 25(4)(a)(ii), Ch. 384, L. 2017; amd. Sec. 12, Ch. 566, L. 2021.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 7. Board of Crime Control › Part 2. Domestic Violence Intervention › 44-7-210. Counseling and services to be evidence-informed

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.
History: En. Sec. 1, Ch. 104, L. 2017.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 7. Board of Crime Control › Part 3. Restorative Justice Programs › 44-7-301. Intent

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.
History: En. Sec. 1, Ch. 581, L. 2001; amd. Sec. 1, Ch. 237, L. 2013; Sec. 2-15-2012, MCA 2017; redes. 44-7-301 by Sec. 42, Ch. 3, L. 2019.