Guidelines for Community Notification

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.

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