Mont. Code Ann. » TITLE 44. LAW ENFORCEMENT · CHAPTER 5. CRIMINAL JUSTICE INFORMATION · Part 3. Dissemination
Montana Code Annotated

Mont. Code Ann. § 44-5-301 (2026)

Dissemination Of Public Criminal Justice Information

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  1. MCA Contents
  2. TITLE 44
  3. CHAPTER 5
  4. Part 3
  5. 44-5-301 Dissemination of public criminal justice information

TITLE 44. LAW ENFORCEMENT

CHAPTER 5. CRIMINAL JUSTICE INFORMATION

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.

Notes of Decisions
Cited in 3 cases, 1989–2005 · leading case: Engrav v. Cragun, 769 P.2d 1224 (Mont. 1989).
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Engrav v. Cragun, 769 P.2d 1224 (Mont. 1989). · cites it 10× “Therefore, under § 44-5-301, the same initial arrest records which are allegedly available to the public are also restricted from public review because they enter the area of private records of individuals.”
Svaldi v. Anaconda-Deer Lodge Cnty., 2005 MT 17, 106 P.3d 548. · cites it 4× “¶18 Svaldi asserts that only those deferred prosecution agreements that are in writing and executed by the parties as provided by § 46-16-130(l)(b), MCA, constitute public criminal justice information.”
Bozeman Daily Chronicle v. City of Bozeman Police Dep't, 859 P.2d 435 (Mont. 1993). · cites it 3× “Section 44-5-301, MCA. The dissemination of confidential criminal justice information, on the other hand, is restricted to criminal justice agencies, to those authorized by law to receive it, and to those authorized to receive it by a district court upon a written finding that…”
Mont. Code Ann. § 44-5-301(1): 2 cases
Svaldi v. Anaconda-Deer Lodge Cnty., 2005 MT 17, 106 P.3d 548. “¶18 Svaldi asserts that only those deferred prosecution agreements that are in writing and executed by the parties as provided by § 46-16-130(l)(b), MCA, constitute public criminal justice information.”
Engrav v. Cragun, 769 P.2d 1224 (Mont. 1989). “Therefore, under § 44-5-301, the same initial arrest records which are allegedly available to the public are also restricted from public review because they enter the area of private records of individuals.”
Mont. Code Ann. § 44-5-301(2): 1 case
Engrav v. Cragun, 769 P.2d 1224 (Mont. 1989). “Therefore, under § 44-5-301, the same initial arrest records which are allegedly available to the public are also restricted from public review because they enter the area of private records of individuals.”
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