Montana Code 44-5-211. Records — form, contents, limits on use
44-5-211. Records — form, contents, limits on use. A criminal justice agency originating initial offense reports, initial arrest records, bail records, or daily jail occupancy rosters may maintain a chronological or numerical record of these items. These records may not contain any prior criminal history record information and may not be used to gain access to any other public criminal justice information.
Terms Used In Montana Code 44-5-211
- Access: means the ability to read, change, copy, use, transfer, or disseminate criminal justice information maintained by criminal justice agencies. See Montana Code 44-5-103
- Arrest: Taking physical custody of a person by lawful authority.
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- Criminal history record information: means information about individuals collected by criminal justice agencies consisting of identifiable descriptions and notations of arrests; detentions; the filing of complaints, indictments, or informations and dispositions arising from complaints, indictments, or informations; sentences; correctional status; and release. See Montana Code 44-5-103
- 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