§ 44-5-201 Scope of authority to collect, process, and preserve criminal justice information
§ 44-5-202 Photographs and fingerprints
§ 44-5-211 Records — form, contents, limits on use
§ 44-5-212 Record preservation
§ 44-5-213 Procedures to ensure accuracy of criminal history records
§ 44-5-214 Inspection or transfer of criminal history records
§ 44-5-215 Challenge and correction

Terms Used In Montana Code > Title 44 > Chapter 5 > Part 2 - Collection and Processing

  • 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
  • Allegation: something that someone says happened.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • 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.
  • Conviction: A judgement of guilt against a criminal defendant.
  • 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
  • Disposition: means information disclosing that criminal proceedings against an individual have terminated and describing the nature of the termination or information relating to sentencing, correctional supervision, release from correctional supervision, the outcome of appellate or collateral review of criminal proceedings, or executive clemency. See Montana Code 44-5-103
  • Dissemination: means the communication or transfer of criminal justice information to individuals or agencies other than the criminal justice agency that maintains the information. See Montana Code 44-5-103
  • Fingerprints: means the recorded friction ridge skin of the fingers, palms, or soles of the feet. See Montana Code 44-5-103
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
  • Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
  • State repository: means the recordkeeping systems maintained by the department of justice pursuant to 44-2-201 in which criminal history record information is collected, processed, preserved, and disseminated. See Montana Code 44-5-103