Restrictions for Montana
Review Supervised Release restrictions in this federal district and the Sex Offender Registry requirements for the state of Montana
District of Montana
Below you will find information on standard conditions of supervision and travel restrictions, as well as sex offender registry requirements.
Always follow the conditions and restrictions given to you by your U.S. Probation Officer.
Pre-2016 Standard Conditions of Supervision
- You shall not leave the judicial district without permission of the Court or probation officer.
- You shall report to the probation officer, and shall submit a truthful and complete written report within the first five days of each month.
- You shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer.
- You shall support your dependents and meet other family responsibilities.
- You shall work regularly at a lawful occupation unless excused by the probation officer for schooling, training, or other acceptable reasons.
- You shall notify the probation officer ten days prior to any change in residence or employment.
- You shall refrain from excessive use of alcohol and shall not purchase, possess, use, distribute, or administer any narcotic or other controlled substance, or any paraphernalia related to controlled substances, except as prescribed by a physician.
- You shall not frequent places where controlled substances are illegally sold, used, distributed, or administered.
- You shall not associate with any persons engaged in criminal activity, and shall not associate with any person convicted of a felony unless granted permission to do so by the probation officer.
- You shall permit a probation officer to visit at any time at home or elsewhere, and shall permit confiscation of any contraband observed in plain view by the probation officer.
- You shall notify the probation officer within seventy-two hours of being arrested or questioned by a law enforcement officer.
- You shall not enter into any agreement to act as an informant or a special agent of a law enforcement agency without the permission of the Court.
- As directed by the probation officer, you shall notify third parties of risks that may be occasioned by your criminal record or personal history or characteristics, and shall permit the probation officer to make such notifications and to confirm your compliance with such notification requirement.
Post-2016 Standard Conditions of Supervision
- You must report to the probation office in the federal judicial district where you are authorized to reside within 72 hours of the time you were sentenced, unless the probation officer instructs you to report to a different probation office or within a different time frame.
- After initially reporting to the probation office, you will receive instructions from the court or the probation officer about how and when you must report to the probation officer, and you must report to the probation officer as instructed.
- You must not knowingly leave the federal judicial district where you are authorized to reside without first getting permission from the court or the probation officer.
- You must answer truthfully the questions asked by your probation officer.
- You must live at a place approved by the probation officer. If you plan to change where you live or anything about your living arrangements (such as the people you live with), you must notify the probation officer at least 10 days before the change. If notifying the probation officer in advance is not possible due to unanticipated circumstances, you must notify the probation officer within 72 hours of becoming aware of a change or expected change.
- You must allow the probation officer to visit you at any time at your home or elsewhere, and you must permit the probation officer to take any items prohibited by the conditions of your supervision that he or she observes in plain view.
- You must work full time (at least 30 hours per week) at a lawful type of employment, unless the probation officer excuses you from doing so. If you do not have full-time employment you must try to find full-time employment, unless the probation officer excuses you from doing so. If you plan to change where you work or anything about your work (such as your position or your job responsibilities), you must notify the probation officer at least 10 days before the change. If notifying the probation officer at least 10 days in advance is not possible due to unanticipated circumstances, you must notify the probation officer within 72 hours of becoming aware of a change or expected change.
- You must not communicate or interact with someone you know is engaged in criminal activity. If you know someone has been convicted of a felony, you must not knowingly communicate or interact with that person without first getting the permission of the probation officer.
- If you are arrested or questioned by a law enforcement officer, you must notify the probation officer within 72 hours.
- You must not own, possess, or have access to a firearm, ammunition, destructive device, or dangerous weapon (i.e., anything that was designed, or was modified for, the specific purpose of causing bodily injury or death to another person such as nunchakus or tasers).
- You must not act or make any agreement with a law enforcement agency to act as a confidential human source or informant without first getting the permission of the court.
- If the probation officer determines that you pose a risk to another person (including an organization), the probation officer may require you to notify the person about the risk and you must comply with that instruction. The probation officer may contact the person and confirm that you have notified the person about the risk.
- You must follow the instructions of the probation officer related to the conditions of supervision.
Violent Offender Registry
Certain violent offenders are required to register in Montana. To learn more about the Montana Registry click below:
Travel Restrictions
The District of Montana is comprised of 56 counties. You are allowed to travel freely within these counties, unless you are specifically restricted by the Court or your U.S. Probation Officer.
For more information visit the links below:
What is the sex offender registry?
What is the Sex Offender Registry?
Every state and U.S. territory requires those convicted of sex offenses to be added to a registry to be monitored and tracked after their release back into the community. Information about the offender is collected and shared with local and federal authorities, as well as the general public. Requirements and restrictions are often placed on registered sex offenders. That registration process is unique in each state and U.S. territory.
What is SORNA?
The Sex Offender Registration and Notification Act (SORNA) was passed in 2006 as part of the Adam Walsh Child Protection and Safety Act to provide federal standards for jurisdictions to follow. SORNA calls for states and U.S. territories to meet minimum requirements for sex offender registration and notification.
Why Are the Requirements for Sex Offender Registration Different Everywhere?
While SORNA’s guidelines streamlined registration and notification requirements across the country, these requirements are far from uniform. Each jurisdiction determines the details of their own registration process. This leaves a patchwork of rules for sex offenders that vary widely depending on where a registrant lives or works.
Where PIN Comes In
Probation Information Network developed a list of questions regarding the sex offender registration requirements across the country. These are questions that might concern the public, victims and their advocates, or those who are facing registration or are currently registered and their loved ones. We then searched the statutes or code of each jurisdiction for the laws surrounding sex offender registration and notification. Where necessary, we consulted with the law enforcement agency in charge of the jurisdiction’s registry to provide clear and concise answers to the following questions:
- What is the duration of registration?
How long must a sex offender remain on the registry? The length of time a sex offender must comply with registration requirements varies widely depending on the jurisdiction where the registrant lives, and the level of the offense committed. All but 2 jurisdictions offer a path for eventual removal from the registry for at least some of their registrants.
- Must the immediate community be notified directly, either by the offender or law enforcement?
Every jurisdiction has passive community notification in the form of a public sex offender registry website. Concerned citizens are free to search the website and can sign up for email notifications if a sex offender moves into their neighborhood. Some jurisdictions go even further and require active notification, where either law enforcement or the offender themselves is required to directly notify the immediate community that a sex offender is in the area. This can take many forms, including electronic, mail, or in-person notification, publication in local newspapers, and community meetings.
- What are the residence distance restrictions?
Are there any restrictions on where a registered sex offender can live? Some jurisdictions restrict registrants from living within a measured distance of certain places. This restriction could be for all registrants, or only for higher-level offenders or those under supervision. Some jurisdictions do not have a state-wide restriction but do allow local jurisdictions to enact their own.
- What are the employment distance restrictions?
Registered sex offenders are usually restricted from certain types of employment, and from working at establishments that specifically cater to minors. Some jurisdictions go even further and restrict registrants from working within a measured distance of certain places.
- Is an employer’s information included on the public registry?
Returning citizens of every type need to find employment upon reentry, and sex offenders are no exception. Some jurisdictions include registrants’ employment information on the public registry website. This could be the employer’s address or in some cases the name of the employer.
- Are online identifiers included on the public registry?
Some jurisdictions require registered sex offenders to report any identifiers they use online, such as email addresses and social media user names. In some jurisdictions that information is included on the public registry website, separate from the registrant’s profile, in a feature that allows the public to search by specific identifiers.
- Is a state-issued ID required to be labeled?
Some jurisdictions require a state-issued ID, such as a driver’s license, to be labeled to identify the holder as a registered sex offender. This label could be the words “Sex Offender” printed on the ID in a prominent place or a more subtle designation known to law enforcement.
- What is the cost of registration?
Is there a fee to register as a sex offender? Some jurisdictions pass on some of their administrative costs to the registrants. This could be a one-time fee paid only upon initial registration, or an ongoing fee paid annually or quarterly. Some jurisdictions charge a fee every time a registrant updates their information.
- How long can a registrant be in the state for work or education before registration is required?
Does a sex offender have to register if they work or go to school in a different state? It depends on the state, and how long the registrant will be there. Some jurisdictions require registrants to notify authorities immediately, while others allow limited stays without requiring registration. Registrants currently under supervision usually need permission from their Parole or Probation Officer before traveling and should always consult their supervising officer.
- How long can a registrant visit the state before registration is required?
Can a registered sex offender go on vacation? Does a sex offender have to register if they visit a different state? It depends on the state, and how long the registrant will be there. Some jurisdictions require registrants to notify authorities immediately, while others allow limited stays without requiring registration. Registrants currently under supervision usually need permission from their Parole or Probation Officer before traveling and should always consult their supervising officer.
The answers provided are taken directly from the laws found on the state or territory’s legislative website or, where necessary, from the website of the law enforcement agency in charge of the jurisdiction’s registry. In some cases, we contacted state or territory officials for clarification and have directly quoted those conversations.
Disclaimer
While we stand by our research, it is for informational purposes only. It should not be considered legal advice and, while we strive to provide accurate and up to date information, it is not guaranteed to be complete or correct. We provide links to each jurisdiction’s legislative and law enforcement websites and maintain a directory of lawyers who specialize in sex offender registration laws. For those currently under supervision, consult with your Parole or Probation Officer for guidance.
What is the duration of registration?
MT Code § 46-23-506
(1) A sexual offender required to register under this part shall register for the remainder of the offender’s life, except as provided in subsection (3) or during a period of time during which the offender is in prison.
(3) Except as provided in subsection (5), at any time after 10 years of registration for a violent offender registered as provided in subsection (2)(b) or a level 1 sexual offender and at any time after 25 years of registration for a level 2 sexual offender, an offender may petition the sentencing court or the district court for the judicial district in which the offender resides for an order relieving the offender of the duty to register. The petition must be served on the county attorney in the county where the petition is filed. Prior to a hearing on the petition, the county attorney shall mail a copy of the petition to the victim of the last offense for which the offender was convicted if the victim’s address is reasonably available. The court shall consider any written or oral statements of the victim. The court may grant the petition upon finding that:
(a) the offender has remained a law-abiding citizen; and
(b) continued registration is not necessary for public protection and that relief from registration is in the best interests of society.
Must the immediate community be notified directly, either by the offender or law enforcement?
No.
What are the residence distance restrictions?
MT Code § 45-5-513
(1) A high-risk sexual offender as provided in this section may not:
(a) establish a residence within 300 feet of a school, day-care center, playground, developed or improved park, athletic field or facility that primarily serves minors, or business or facility having a principal purpose of caring for, educating, or entertaining minors. This subsection (1)(a) does not apply if the residence was established on or before May 5, 2015.
MT Code § 46-18-255
(1) A judge sentencing a person convicted of a sexual or violent offense shall, as a condition to probation, parole, or deferment or suspension of sentence, impose on the defendant reasonable employment or occupational prohibitions and restrictions designed to protect the class or classes of persons containing the likely victims of further offenses by the defendant.
(2) In addition to any restriction on employment imposed under subsection (1), a judge sentencing a person convicted of a sexual offense involving a minor and designated as a level 3 offender under 46-23-509 shall, as a condition to probation, parole, or deferment or suspension of sentence, impose on the defendant restrictions on the defendant’s residency in the proximity of a private or public elementary or high school, preschool as defined in 20-5-402, licensed day-care center, church, or park maintained by a city, town, or county.
(4) Restrictions imposed pursuant to this section must be compatible with the restrictions provided for in 45-5-513.
What are the employment distance restrictions?
MT Code § 45-5-513
(1) A high-risk sexual offender as provided in this section may not:
(e) accept, maintain, or carry on regular employment at or within 300 feet of a school, day-care center, playground, developed or improved park, athletic field or facility that primarily serves minors, or business or facility having a principal purpose of caring for, educating, or entertaining minors.
MT Code § 46-18-255
(1) A judge sentencing a person convicted of a sexual or violent offense shall, as a condition to probation, parole, or deferment or suspension of sentence, impose on the defendant reasonable employment or occupational prohibitions and restrictions designed to protect the class or classes of persons containing the likely victims of further offenses by the defendant.
Is an employer's information included on the public registry?
No.
Are online identifiers included on the public registry?
While offenders must register online identifiers [MT Code § 46-23-504 (3) (h)], this information is not included on the public registry.
Is a state-issued ID required to be labeled?
No.
What is the cost of registration?
There is no state-mandated fee, though fees may be assessed by local law enforcement.
MT Code § 46-23-504
(8) The offender is responsible, if able to pay, for costs associated with registration. The fees charged for registration may not exceed the actual costs of registration. The department of justice may adopt a rule establishing fees to cover registration costs incurred by the department of justice in maintaining registration and address verification records. The fees must be deposited in the general fund.
How long can a registrant be in the state for work or education before registration is required?
MT Code § 46-23-504
(1) Except as provided in 41-5-1513, a sexual or violent offender:
(c) shall register within 3 business days of entering a county of this state for the purpose of residing or setting up a temporary residence for 10 days or more or for an aggregate period exceeding 30 days in a calendar year;
How long can a registrant visit the state before registration is required?
MT Code § 46-23-504
(1) Except as provided in 41-5-1513, a sexual or violent offender:
(c) shall register within 3 business days of entering a county of this state for the purpose of residing or setting up a temporary residence for 10 days or more or for an aggregate period exceeding 30 days in a calendar year;