C_____________ bill NO. _____________

INTRODUCED BY _________________________________________________

By Request of the ****

A BILL FOR AN ACT ENTITLED: "AN ACT REVISING LAWS RELATED TO SEXUAL OFFENDERS; PROVIDING THAT THE NAME AND ADDRESS OF certain LEVEL 1 SEXUAL OFFENDERS ARE available to victims but are NO LONGER PUBLISHED AND AVAILABLE TO THE PUBLIC; providing that LEVEL 1 SEXUAL OFFENDERS ARE STILL REQUIRED TO REGISTER ON THE SEXUAL AND VIOLENT OFFENDER REGISTRY; 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 sexual offender must be available to the victim in the conviction that caused the offender to be required to register. In the case of multiple victims or multiple convictions requiring registration regarding the same offender, all victims of the offender are entitled to the offender's name and address.

(a)(b) (i) the name and address of a registered sexual or violent offender are is public criminal justice information, as defined in 44-5-103; and

(ii) the name and address of a certain registered level 1 sexual offender as provided in subsection (1)(c)(ii), and a registered level 2 or 3 sexual offender are public criminal justice information as defined in 44-5-103; and

(b)(c) the department of justice or the registration agency shall release any offender registration information that it possesses relevant to the public if the department of justice or the registration agency determines that a registered offender is a risk to the safety of the community and that disclosure of the registration information that it possesses may protect the public and, at a minimum:

(i) if the offender is also a violent offender, the department of justice shall and the registration agency may disseminate to the victim and the public:

(A)(A) the offender's name; and

(B)(B) the offenses for which the offender is required to register under this part;

(ii) if an offender was given a level 1 designation under 46-23-509, the department of justice shall and the registration agency may disseminate to the victim and the public:

(A) the offender's address;

(B) the name, photograph, and physical description of the offender;

(D) the offenses for which the offender is required to register under this part;

(iii)(ii) if an offender was given a level 1 designation and committed an offense against a minor or was given a level 2 designation under 46-23-509, the department of justice shall and the registration agency may disseminate to the victim and the public:

(A) the offender's address;

(B) the type of victim targeted by the offense;

(D) the offender's date of birth;

(E) the license plate number and a description of any motor vehicle owned or operated by the offender;

(F) the offenses for which the offender is required to register under this part; and

(G) any conditions imposed by the court upon the offender for the safety of the public; and

(iv)(iii) if an offender was given a level 3 designation under 46-23-509, the department of justice and the registration agency shall give the victim and the public notification that includes the information contained in subsection (1)(b)(iii) (1)(c)(ii). The notification must 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 must include the community in which the offense occurred.

(c)(d) prior to release of information under subsection (1)(b) (1)(c), a registration agency may, in its sole discretion, request an in camera review by a district court of the determination by the registration agency under subsection (1)(b) (1)(c). The court shall review a request under this subsection (1)(c) (1)(d) 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 registration agency without the permission of the victim.

(3) Dissemination to the public of information allowed or required by this section may be done by newspaper, paper flyers, the internet, or any other media determined by the disseminating entity. In determining the method of dissemination, the disseminating entity should consider the level of risk posed by the offender to the public.

(4) The department of justice shall develop a model community notification policy to assist registration agencies in implementing the dissemination provisions of this section."