HOUSE BILL NO. 76
INTRODUCED BY SOMERVILLE R
AN ACT PROVIDING THAT THE ADDRESS OF A REGISTERED SEXUAL OR VIOLENT OFFENDER IS PUBLIC CRIMINAL JUSTICE INFORMATION; ALLOWING A LAW ENFORCEMENT AGENCY TO DISSEMINATE A LEVEL 2 OFFENDER'S EXACT ADDRESS; AND AMENDING SECTION 46-23-508, MCA.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 46-23-508, MCA, is amended to read:
"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 is are public criminal justice information, as defined
in 44-5-103; and
(b) a law enforcement agency shall release any offender registration information relevant to the public if the agency determines that a registered offender is a risk to the safety of the community and that disclosure of the registration information may protect the public and, at a minimum:
(i) if an offender was given a level 1 designation under 46-23-509, the agency with which the offender is registered shall notify the agency in whose jurisdiction the offense occurred of the registration;
(ii) if an offender was given a level 2 designation under 46-23-509, the agency with which the offender is registered may disseminate the offender's name to the public with the notation that the offender is a sexual or violent offender and may notify a victim of the offense and any agency, organization, or group serving persons who have characteristics similar to those of a previous victim of the offender of:
(A) the offender's approximate, but not exact, address, such as by stating the neighborhood, town, or part of a county;
(B) the type of victim targeted by the offense;
(C) the name, photograph, and physical description of the offender;
(D) the offenses for which the offender is required to register under this part; and
(E) any conditions imposed by the court upon the offender for the safety of the public; and
(iii) if an offender was given a level 3 designation under 46-23-509, the agency shall give the victim and the public
notification that includes the information contained in subsection (1)(b)(ii), except that the offender's exact address must be
included. The agency shall 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 shall include the community in which the
offense occurred.
(c) Prior to release of information under subsection (1)(b), a law enforcement agency may, in its sole discretion, request an in camera review by a district court of the determination by the law enforcement 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 law enforcement agency without the permission of the victim."
- END -
Latest Version of HB 76 (HB0076.ENR)
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