Montana Code 44-5-304. Development of statistical information — agreements as to access
44-5-304. Development of statistical information — agreements as to access. (1) An individual or agency with the express purpose of developing statistical information may have access to criminal history record information pursuant to an agreement with a criminal justice agency. The agreement shall contain, but need not be limited to, the following provisions:
Terms Used In Montana Code 44-5-304
- 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
- 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
- Statistical information: means data derived from records in which individuals are not identified or identification is deleted and from which neither individual identity nor any other unique characteristic that could identify an individual is ascertainable. See Montana Code 44-5-103
(a)specific authorization for access to specific information;
(b)a limitation on the use of the information to research, evaluative, or statistical purposes;
(c)assurance of the confidentiality and security of the information; and
(d)sanctions for violations of the agreement or this section.
(2)Proposed agreements and any completed research, statistical, or evaluative study or product developed from the use of statistical information is subject to review and approval by the department of justice to ensure compliance with this chapter.