Montana Code Annotated 2023

TITLE 46. CRIMINAL PROCEDURE

CHAPTER 23. PROBATION, PAROLE, AND CLEMENCY

Part 5. Registration of Sexual and Violent Offenders

Notice Of Change Of Name Or Residence Or Student, Employment, Or Transient Status -- Duty To Inform -- Forwarding Of Information

46-23-505. Notice of change of name or residence or student, employment, or transient status -- duty to inform -- forwarding of information. (1) If an offender required to register under this part has a change of name or residence or a change in student, employment, or transient status, the offender shall within 3 business days of the change appear in person and give notification of the change to the registration agency with whom the offender last registered or, if the offender was initially registered under 46-23-504(1)(b), to the registration agency for the county or municipality from which the offender is moving. The registration agency shall require the offender to appear before the registration agency for a new photograph every year.

(2) If an offender required to register under this part is a transient, the offender shall provide written notification to the registration agency with which the offender last registered or, if the offender initially registered pursuant to 46-23-504(1)(b), shall provide notice within 3 business days to the registration agency in the county or municipality in which the offender resides.

(3) Within 3 business days after receipt of the information concerning the new name or residence or a change in the student, employment, or transient status, the registration agency shall forward the information to the department of justice, which shall forward a copy of the information and photograph to:

(a) in the event of a change in residence, the registration agency for the county to which the offender moves and, if the offender lives in a municipality, the registration agency for that municipality to which the offender moves;

(b) in the event of a change of name or of student, employment, or transient status, the registration agency of the appropriate county or municipality.

(4) If an offender who is required to register under this part is physically absent from the offender's county of residence for more than 10 consecutive days, the offender shall register in the county where the offender is physically located on the 11th day even if the offender claims to maintain a residence, as defined in 46-23-502, in that county. The offender shall register again in the offender's county of residence when the offender returns to that county.

(5) If an offender is required to register under subsection (4), the offender shall register in any subsequent county where the offender is present for more than 24 hours until the offender registers again in the offender's county of residence.

(6) In the event an offender will be absent from this state for more than 7 days, the offender shall provide notice with the information required under this section in person to the registering agency no later than 3 days before their scheduled travel. The registering agency shall forward the information to the department of justice, which shall then notify the provided jurisdiction.

History: En. Sec. 6, Ch. 293, L. 1989; amd. Sec. 8, Ch. 407, L. 1995; amd. Sec. 8, Ch. 375, L. 1997; amd. Sec. 3, Ch. 313, L. 2005; amd. Sec. 5, Ch. 254, L. 2007; amd. Sec. 21, Ch. 483, L. 2007; amd. Sec. 1, Ch. 283, L. 2013; amd. Sec. 3, Ch. 643, L. 2023.