Montana Code 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.
Terms Used In Montana Code 44-5-301
- Arrest: Taking physical custody of a person by lawful authority.
- Criminal justice agency: means :
(a)any court with criminal jurisdiction;
(b)any federal, state, or local government agency designated by statute or by a governor's executive order to perform as its principal function the administration of criminal justice, including a governmental fire agency organized under Title 7, chapter 33, or a fire marshal who conducts criminal investigations of fires;
(c)any local government agency not included under subsection (7)(b) that performs as its principal function the administration of criminal justice pursuant to an ordinance or local executive order; or
(d)any agency of a foreign nation that has been designated by that nation's law or chief executive officer to perform as its principal function the administration of criminal justice and that has been approved for the receipt of criminal justice information by the Montana attorney general, who may consult with the United States department of justice. See Montana Code 44-5-103
- Criminal justice information: means information relating to criminal justice collected, processed, or preserved by a criminal justice agency. See Montana Code 44-5-103
- Dissemination: means the communication or transfer of criminal justice information to individuals or agencies other than the criminal justice agency that maintains the information. See Montana Code 44-5-103
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Public criminal justice information: means :
(a)information made public by law;
(b)information of court records and proceedings;
(c)information of convictions, deferred sentences, and deferred prosecutions;
(d)information of postconviction proceedings and status;
(e)information originated by a criminal justice agency, including:
(i)initial offense reports;
(ii)initial arrest records, including booking photographs;
(iii)bail records; and
(iv)daily jail occupancy rosters;
(f)information considered necessary by a criminal justice agency to secure public assistance in the apprehension of a suspect; or
(g)statistical information. See Montana Code 44-5-103
(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.