Montana Code Annotated

Mont. Code Ann. § 44-5-303 (2026)

Dissemination Of Confidential Criminal Justice Information -- Procedure For Dissemination Through Court -- Notice And Objection To Disclosure

✓ current as of May 2026

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TITLE 44. LAW ENFORCEMENT

CHAPTER 5. CRIMINAL JUSTICE INFORMATION

Part 3. Dissemination

Dissemination Of Confidential Criminal Justice Information -- Procedure For Dissemination Through Court -- Notice And Objection To Disclosure

44-5-303. Dissemination of confidential criminal justice information -- procedure for dissemination through court -- notice and objection to disclosure. (1) Except as provided in subsections (2) through (4), dissemination of confidential criminal justice information 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 the demands of individual privacy do not clearly exceed the merits of public disclosure. Permissible dissemination of confidential criminal justice information under this subsection includes receiving investigative information from and sharing investigative information with a chief of a governmental fire agency organized under Title 7, chapter 33, or fire marshal concerning the criminal investigation of a fire.

(2) If the prosecutor determines that dissemination of confidential criminal justice information would not jeopardize a pending investigation or other criminal proceeding, the information may be disseminated to a victim of the offense by the prosecutor or by the investigating law enforcement agency after consultation with the prosecutor.

(3) Unless otherwise ordered by a court, a person or criminal justice agency that accepts confidential criminal justice information assumes equal responsibility for the security of the information with the originating agency. Whenever confidential criminal justice information is disseminated, it must be designated as confidential.

(4) The county attorney or the county attorney's designee is authorized to receive confidential criminal justice information for the purpose of cooperating with local fetal, infant, child, and maternal mortality review teams. The county attorney or the county attorney's designee may, in that person's discretion, disclose information determined necessary to the goals of the review team. The review team and the county attorney or the designee shall maintain the confidentiality of the information.

(5) (a) If a prosecutor receives a written request for release of confidential criminal justice information relating to a criminal investigation that has been terminated by declination of prosecution or relating to a criminal prosecution that has been completed by entry of judgment, dismissal, or acquittal, or if the disclosure may be in the public interest, the prosecutor may file a declaratory judgment action with the district court pursuant to the provisions of the Uniform Declaratory Judgments Act, Title 27, chapter 8, for release of the information. The prosecutor shall:

(i) file the action in the name of the city or county that the prosecutor represents and describe the city's or county's interest;

(ii) list as defendants anyone known to the prosecutor who has requested the confidential criminal justice information;

(iii) no later than the time of the filing of the declaratory judgment action:

(A) make reasonable efforts to provide notice to a victim of the alleged offense and any person with a protected privacy interest in information contained in the confidential criminal justice information and any other individual who would be affected by release of the information of the request for release of confidential criminal justice information and the filing of the declaratory judgment action; and

(B) provide notice that the person may file an objection to disclosure with the district court if the person believes a privacy interest that they possess exceeds the merits of public disclosure;

(iv) request that the prosecutor be allowed to deposit the investigative file and any edited version of the file with the court pursuant to the provisions of Title 27, chapter 8; and

(v) request the court to:

(A) no sooner than 30 calendar days following the filing of the declaratory judgment action to ensure an opportunity for a person seeking to protect a privacy interest, conduct an in camera review of the confidential criminal justice information to determine whether the demands of individual privacy do not clearly exceed the merits of public disclosure; and

(B) order the release to the requesting party defendant of whatever portion of the investigative information or edited version of the information the court determines appropriate.

(b) In making an order authorizing the release of information under subsection (5)(a), the court shall make a written finding that the demands of individual privacy do not clearly exceed the merits of public disclosure and authorize, upon payment of reasonable reproduction costs, the release of appropriate portions of the edited or complete confidential criminal justice information to persons who request the information.

(c) In an action filed for the court-ordered release of confidential criminal justice information under subsection (5)(a), the parties shall bear their respective costs and attorney fees.

(6) The procedures set forth in subsection (5) are not an exclusive remedy. A person or organization may file any action for dissemination of information that the person or organization considers appropriate and permissible.

History: En. Sec. 12, Ch. 525, L. 1979; amd. Sec. 3, Ch. 804, L. 1991; amd. Sec. 2, Ch. 125, L. 1995; amd. Sec. 7, Ch. 519, L. 1997; amd. Sec. 2, Ch. 253, L. 2003; amd. Sec. 10, Ch. 449, L. 2007; amd. Sec. 5, Ch. 235, L. 2017; amd. Sec. 1, Ch. 540, L. 2021.

Notes of Decisions

Cited in 39 cases (9 in the last 5 years), 1989–2025 · leading case: Prindel v. Ravalli Cnty., 2006 MT 62 (Mont. 2006).

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Prindel v. Ravalli Cnty., 2006 MT 62 (Mont. 2006). · cites it 20× “Pursuant to § 44-5-303, MCA, the first motion sought disclosure by the County *346 Attorney’s Office of criminal justice information concerning Russell contained in its files, but excluding attorney work product and other privileged information.”

Montana State Fund v. Simms, 2012 MT 22 (Mont. 2012). · cites it 29× “MSF also asserts that the District Court properly performed the requisite balancing test before concluding that MSF was allowed to use the videos.”

Bozeman Daily Chronicle v. City of Bozeman Police Dep't, 859 P.2d 435 (Mont. 1993). · cites it 16× “] Section 44-5-303, MCA. In this case, because the Chronicle is not a criminal justice agency, the only way that the Chronicle can obtain access to the confidential criminal justice information at issue is (1) if it is authorized by law to receive such information; or (2) upon…”

Crites v. Lewis & Clark Cnty. by & through Cnty. Attorney, 444 P.3d 1025 (Mont. 2019). · cites it 85× “The Estate requested, pursuant to § 44-5-303, MCA, the Uniform Declaratory Judgment Act, and Article II, Section 9 of the Montana Constitution that the District Court conduct an in camera review of the CCJI associated with Crites's file and to release information under seal that…”

Rocky Mountain Enter., Inc. v. Pierce Flooring, 951 P.2d 1326 (Mont. 1997). · cites it 10× “Section 44-5-303(1), MCA, provides, in relevant part: [D]issemination of confidential criminal justice information 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…”

Allstate Ins. v. City of Billings, 780 P.2d 186 (Mont. 1989). · cites it 10× “Section 44-5-303, MCA, provides that “dissemination of confidential criminal justice information is restricted to criminal justice agencies or to those authorized by law to receive it.”

State v. Muhammad, 2002 MT 47 (Mont. 2002). · cites it 4× “The State asserts that even if the sign revealed confidential criminal justice information, such information may be disseminated if the District Court considers dissemination necessary, in accordance with § 44-5-302(1)(b), MCA, or finds that "the demands of individual privacy do…”

State v. Weldele, 2003 MT 117 (Mont. 2003). · cites it 4× “¶ 27 In 1995, the Montana Legislature again amended § 61-8-714, MCA, by adding a new subsection which provides for a felony sanction for offenders on a fourth or subsequent DUI conviction.”

In Re Lacy, 780 P.2d 186 (Mont. 1989). · cites it 10× “Section 44-5-303, MCA, provides that "dissemination of confidential criminal justice information is restricted to criminal justice agencies or to those authorized by law to receive it.”

Smith v. Cnty. of Missoula, 1999 MT 330 (Mont. 1999). · cites it 6× “Section 44-5-303(1), MCA, provides in part: [D]issemination of confidential criminal justice information 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…”

Jefferson Cnty. v. Montana Stand., 2003 MT 304 (Mont. 2003). · cites it 5× “Pursuant to § 44-5-303(1), MCA (1999), dissemination of confidential criminal justice information 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 the…”

Worden v. Montana Bd. of Pardons & Parole, 1998 MT 168 (Mont. 1998). · cites it 4× “¶24 On appeal, we held that “any interpretation of § 44-5-303, MCA, which requires specific legislative authorization to review criminal justice information would render the statute unconstitutional.”

Show all 39 citing cases →

— Mont. Code Ann. § 44-5-303(1) — 11 cases

Prindel v. Ravalli Cnty., 2006 MT 62 (Mont. 2006). “Pursuant to § 44-5-303, MCA, the first motion sought disclosure by the County *346 Attorney’s Office of criminal justice information concerning Russell contained in its files, but excluding attorney work product and other privileged information.”

Montana State Fund v. Simms, 2012 MT 22 (Mont. 2012). “MSF also asserts that the District Court properly performed the requisite balancing test before concluding that MSF was allowed to use the videos.”

Rocky Mountain Enter., Inc. v. Pierce Flooring, 951 P.2d 1326 (Mont. 1997). “Section 44-5-303(1), MCA, provides, in relevant part: [D]issemination of confidential criminal justice information 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…”

Smith v. Cnty. of Missoula, 1999 MT 330 (Mont. 1999). “Section 44-5-303(1), MCA, provides in part: [D]issemination of confidential criminal justice information 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…”

Jefferson Cnty. v. Montana Stand., 2003 MT 304 (Mont. 2003). “Pursuant to § 44-5-303(1), MCA (1999), dissemination of confidential criminal justice information 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 the…”

— Mont. Code Ann. § 44-5-303(2) — 2 cases

State v. Muhammad, 2002 MT 47 (Mont. 2002). “The State asserts that even if the sign revealed confidential criminal justice information, such information may be disseminated if the District Court considers dissemination necessary, in accordance with § 44-5-302(1)(b), MCA, or finds that "the demands of individual privacy do…”

Crites v. Lewis & Clark Cnty. by & through Cnty. Attorney, 444 P.3d 1025 (Mont. 2019). “The Estate requested, pursuant to § 44-5-303, MCA, the Uniform Declaratory Judgment Act, and Article II, Section 9 of the Montana Constitution that the District Court conduct an in camera review of the CCJI associated with Crites's file and to release information under seal that…”

— Mont. Code Ann. § 44-5-303(3) — 1 case

Teague v. Remington Arms Co., LLC (D. Mont. 2022).

— Mont. Code Ann. § 44-5-303(5) — 6 cases

Missoula Cnty. Pub. Schs. v. Bitterroot Star, 2015 MT 95 (Mont. 2015).

Broadwater Co. v. Release of Confidential Info, 2023 MT 112 (Mont. 2023).

Missoula Cnty. v. Missoulian, 2020 MT 77N (Mont. 2020).

Broadwater Co. v. J. Ellsworth (Mont. 2022).

— Mont. Code Ann. § 44-5-303(5)(a) — 1 case

Broadwater Co. v. Release of Confidential Info, 2023 MT 112 (Mont. 2023).

— Mont. Code Ann. § 44-5-303(5)(a)(ii) — 2 cases

Broadwater Co. v. Release of Confidential Info, 2023 MT 112 (Mont. 2023).

Broadwater Co. v. J. Ellsworth (Mont. 2022).

— Mont. Code Ann. § 44-5-303(5)(a)(iii)(A) — 1 case

Broadwater Co. v. Release of Confidential Info, 2023 MT 112 (Mont. 2023).

— Mont. Code Ann. § 44-5-303(5)(a)(v) — 1 case

Broadwater Co. v. J. Ellsworth (Mont. 2022).

— Mont. Code Ann. § 44-5-303(6) — 3 cases

Wood v. State, 2024 MT 269N (Mont. 2024).

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.