Law Enforcement Guidelines

All statutes can be searched on the Montana Legislative Code Annotated Website.

The 2007 Legislature required the Department of Justice to create a model policy that encouraged greater consistency in the way criminal justice agencies in Montana notify communities about sexual or violent offenders.

These guidelines satisfy that mandate. The guidelines are not mandatory and agencies should tailor local dissemination procedures based upon local needs and available resources.

Section 46-23-508 of the Montana Code Annotated governs dissemination of information about sexual and violent offenders, including the release of information on juvenile sex offenders who are required to register. Dissemination pursuant to Section 46-23-508 is dependent on the type of offender and level of risk. Specifically, it authorizes criminal justice agencies to release the following information.

Violent Offender

  • name
  • address
  • offense
  • photograph
  • physical description
  • date of birth

Level I Sexual Offender/Adult Victim

  • name
  • address
  • offense
  • photograph
  • physical description
  • date of birth

Level I Sexual Offender/Minor Victim (victim under the age of 18) or Level II Sexual Offender

  • name
  • address
  • offense
  • photograph
  • physical description
  • date of birth
  • type of victim targeted
  • license plate number
  • vehicle information
  • conditions of sentence imposed for public safety

Level III Sexual Offender

  • name
  • address
  • offense
  • photograph
  • physical description
  • date of birth
  • type of victim targeted
  • license plate number
  • vehicle information
  • conditions of sentence imposed for public safety
  • date of release
  • date of sentence
  • community where offense occurred

Additional Information

In addition, MCA 46-23-508(1)(b) allows a registering agency to release any offender information in its possession if the agency determines that:

  • The offender poses an increased risk to a community’s public safety,
  • And dissemination will enhance public safety.

Possible methods of dissemination include:

  • Creation and maintenance of a local sexual or violent offender registration log or book
  • Internet:
    • Referral to Montana Sexual or Violent Offender Registry website
    • Maintenance of a local Sexual or Violent Offender website
  • Newspapers
  • Television
  • Radio
  • Fliers

In developing a community dissemination strategy, local registering agencies may consider:

  • Practices based on the different risk levels, and
  • Practices that target notification of specific groups that may be vulnerable to a high risk offender
  • Prior to implementing a dissemination strategy, local registration agencies should have the appropriate legal counsel review the proposed methods of dissemination.

Dissemination Based on Offender Risk Designation
Agencies may implement dissemination practices that are based on offender risk levels. For instance, an agency may disseminate more detailed information about Level III sexual offenders who are considered at high risk for re-offending. This information may include:

  • Aliases
  • Other residences
  • Employer’s name and address
  • Schools the offender attends
  • Schools the offender may frequent
  • Supervision status
  • Criminal history information

Notification of Vulnerable Populations
Agencies may implement dissemination practices that are targeted at notifying vulnerable populations of high risk offenders. Such populations may include:

  • Schools
  • Daycares
  • Nursing homes
  • Assisted living facilities
  • Civic groups (e.g. Neighborhood Watch, Kiwanis, 4-H)
  • Youth organizations (e.g. Boy Scouts, Girl Scouts, Little League)
  • Hospitals
  • Libraries
  • Employers if offender works with or has access to children, the elderly or developmentally disabled people

Case-by-Case Dissemination for High-Risk Offenders
Agencies may implement dissemination practices that flag offenders who pose an increased risk to public safety. High risk offenders who warrant the release of more detailed information may include:

  • Offenders who reside next to a vulnerable population (e.g. daycare, schools, nursing homes) and whose target victims belong to that population
  • Homeless offenders
  • Offenders who have refused or failed to complete court-ordered treatment
  • Offenders who have not complied with registration requirements
  • Offenders with a history of non-compliance
  • Offenders who have committed multiple sex offenses

The following information SHOULD NOT be released:

  • Victim’s identity
  • Social Security numbers
  • References to any arrest that did not result in a conviction
  • Medical information
  • Information concerning an offender’s family members

SVOR