Mont. Code Ann. » TITLE 46. CRIMINAL PROCEDURE · CHAPTER 23. PROBATION, PAROLE, AND CLEMENCY · Part 5. Registration of Sexual and Violent Offenders
Montana Code Annotated

Mont. Code Ann. § 46-23-503 (2026)

Release Of Sexual Or Violent Offender From Place Of Confinement -- Duties Of Official In Charge

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 46
  3. CHAPTER 23
  4. Part 5
  5. 46-23-503 Release of sexual or violent offender from place of confinement -- duties of official in charge

TITLE 46. CRIMINAL PROCEDURE

CHAPTER 23. PROBATION, PAROLE, AND CLEMENCY

Part 5. Registration of Sexual and Violent Offenders

Release Of Sexual Or Violent Offender From Place Of Confinement -- Duties Of Official In Charge

46-23-503. Release of sexual or violent offender from place of confinement -- duties of official in charge. (1) A sexual or violent offender who is released from the custody of the department of corrections must be informed in writing not less than 10 days prior to release of the duty to register under this part by the official in charge of the place of confinement.

(2) Prior to the offender's release from custody, the official shall obtain and give to the department of justice and to the sheriff of the county in which the offender intends to reside or, if the offender intends to reside in a municipality, to the chief of police of the municipality:

(a) the address at which the offender intends to reside upon release from the department's custody;

(b) the offender's fingerprints and photo, unless they are already in the possession of the department of justice, sheriff, or chief of police; and

(c) a form signed by and read to or by the offender stating that the offender's duty to register under this part has been explained to the offender.

History: En. Sec. 4, Ch. 293, L. 1989; amd. Sec. 1, Ch. 262, L. 1991; amd. Sec. 6, Ch. 407, L. 1995; amd. Sec. 232, Ch. 546, L. 1995; amd. Sec. 6, Ch. 375, L. 1997.

Notes of Decisions
Cited in 9 cases, 1990–2019 · leading case: State v. Azure, 2008 MT 211, 186 P.3d 1269.
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State v. Azure, 2008 MT 211, 186 P.3d 1269. · cites it 42× “" Wagner , ¶ 9 (emphasis added) (citing § 46-23-503, MCA). According to Azure, who proposed Instruction No.”
State v. Knudson, 2007 MT 324, 174 P.3d 469. · cites it 8× “When Knudson was released from custody, he was required to register with the sheriff's department pursuant to § 46-23-503, MCA (2001). At that time, Knudson was required to notify the sheriff's department of the "address" at which he intended to "reside.”
State v. Holt, 2011 MT 42, 249 P.3d 470. · cites it 2× “Sections 46-23-503 and -504, MCA. It would be true whether or not the District Court recommended it.”
VanLuchene v. State, 797 P.2d 932 (Mont. 1990). · cites it 3× “” Section 46-23-503, MCA. The legislature recognized the futility of issuing a public warning regarding the release of every potentially violent offender.”
United States v. Templin, 354 F. Supp. 3d 1181 (D. Mont. 2019). · cites it 2× “Second, however, § 46-23-503(9)(b) contains independent grounds under which sex offender registration is required in Montana: the commission of a "reasonably equivalent" qualifying offense.”
State v. Bahr, 2009 MT 378, 224 P.3d 610. “Sections 46-23-503, and -504, MCA. Prior to 2007, an offender who had a “change of address” was required to give notice of the change within 10 days.”
State v. Whitmer, 946 P.2d 137 (Mont. 1997). · cites it 2× “When Whitmer completed his sentence on January 29, 1996, prison officials notified him, pursuant to § 46-23-503, MCA (1995), of his obligation to register as a violent offender according to § 46-23-504, MCA (1995).”
Wagner v. State, 2004 MT 31, 85 P.3d 750. · cites it 3× “Section 46-23-503, MCA. Section 46-23-505, MCA, requires offenders to register within 10 days of any change of address.”
State v. D. Nolan, 2017 MT 53N. “Violent offenders must register pursuant to §§ 46-23-503, -504(1), MCA (2011).1 Then, “[i]f an offender required to register under this part has a change of .”
Mont. Code Ann. § 46-23-503(1): 1 case
State v. Azure, 2008 MT 211, 186 P.3d 1269. “" Wagner , ¶ 9 (emphasis added) (citing § 46-23-503, MCA). According to Azure, who proposed Instruction No.”
Mont. Code Ann. § 46-23-503(2)(a): 1 case
State v. Knudson, 2007 MT 324, 174 P.3d 469. “When Knudson was released from custody, he was required to register with the sheriff's department pursuant to § 46-23-503, MCA (2001). At that time, Knudson was required to notify the sheriff's department of the "address" at which he intended to "reside.”
Mont. Code Ann. § 46-23-503(9)(b): 1 case
United States v. Templin, 354 F. Supp. 3d 1181 (D. Mont. 2019). “Second, however, § 46-23-503(9)(b) contains independent grounds under which sex offender registration is required in Montana: the commission of a "reasonably equivalent" qualifying offense.”
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