Montana Code Annotated 2023



Part 3. Dissemination

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.

(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.

History: En. Sec. 10, Ch. 525, L. 1979; amd. Sec. 12, Ch. 416, L. 1999; amd. Sec. 2, Ch. 369, L. 2021.