Mont. Code Ann. § 46-23-504

(2021)

Persons required to register – procedure

(1) Except as provided in 41-5-1513, a sexual or violent offender:

(a) shall register immediately upon conclusion of the sentencing hearing if the offender is not sentenced to confinement or is not sentenced to the department and placed in confinement by the department;

(b) must be registered as provided in 46-23-503 at least 10 days prior to release from confinement if sentenced to confinement or sentenced to the department and placed in confinement by the department;

(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; and

(d) who is a transient shall register within 3 business days of entering a county of this state.

(2) Registration under subsection (1)(a), (1)(c), or (1)(d) must be with the appropriate registration agency. If an offender registers with a police department, the department shall notify the sheriff's office of the county in which the municipality is located of the registration. The probation officer having supervision over an offender required to register under subsection (1)(a) shall verify the offender's registration status with the appropriate registration agency.

(3) At the time of registering, the offender shall sign a statement in writing giving the information required by subsections (3)(a) through (3)(h) and any other information required by the department of justice. The registration agency shall fingerprint the offender, unless the offender's fingerprints are on file with the department of justice, photograph the offender, and obtain a DNA sample from the offender. Within 3 days, the registration agency shall send copies of the statement, fingerprints, and photographs to the department of justice. The registration agency shall send the DNA sample to the department of justice for analysis and entry of the DNA record into the DNA identification index. The registration agency shall require an offender given a level 2 or level 3 designation to appear before the registration agency for a new photograph every year. The information collected from the offender at the time of registration must include:

(a) the name of the offender and any aliases used by the offender;

(b) the offender's social security number;

(c) the residence information required by subsection (4);

(d) the name and address of any business or other place where the offender is or will be an employee;

(e) the name and address of any school where the offender will be a student;

(f) the offender's driver's license number;

(g) the description and license number of any motor vehicle owned or operated by the offender; and

(h) all of the offender's e-mail addresses and social media screen names.

(4) (a) If, at the time of registration, the offender regularly resides in more than one county or municipality, the offender shall register with the registration agency of each county or municipality in which the offender resides. If an offender resides in more than one location within the same county or municipality, the registration agency shall require the offender to provide all of the locations where the offender regularly resides and to designate one of them as the offender's primary residence.

(b) Registration of more than one residence pursuant to this section is an exception from the single residence rule provided in 1-1-215.

(5) A transient shall report monthly, in person, to the registration agency with which the transient registered pursuant to subsection (1)(d). The transient shall report on a day specified by the registration agency and during the normal business hours of that agency. On that day, the transient shall provide the registration agency with the information listed in subsections (3)(a) through (3)(h). The registration agency to which the transient reports may also require the transient to provide the locations where the transient stayed during the previous 30 days and may stay during the next 30 days.

(6) (a) The department of justice shall mail a registration verification form:

(i) each 90 days to an offender designated as a level 3 offender under 46-23-509;

(ii) each 180 days to an offender designated as a level 2 offender under 46-23-509; and

(iii) each year to a violent offender or an offender designated as a level 1 offender under 46-23-509.

(b) If the offender is a transient, the department of justice shall mail the offender's registration verification form to the registration agency with which the offender last registered.

(c) The form must require the offender's notarized signature. Within 10 days after receipt of the form, the offender shall complete the form and return it to the registration agency where the offender last registered or, if the offender was initially registered pursuant to subsection (1)(b), to the registration agency in the county or municipality in which the offender is located. A sexual offender shall return the form to the appropriate registration agency in person, and at the time that the sexual offender returns the registration verification form, the registration agency shall take a photograph of the offender and collect a DNA sample if one has not already been collected. The registration agency shall send the DNA sample to the department of justice for analysis and entry into the DNA identification index.

(7) Within 3 days after receipt of a registration verification form, the registration agency shall provide a copy of the form and most recent photograph to the department of justice.

(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.

(9) The clerk of the district court in the county in which a person is convicted of a sexual or violent offense shall notify the sheriff in that county of the conviction within 10 days after entry of the judgment.

Opinions construing this section

29 opinions
2026 MT 58 Mar 24, 2026 Affirmed
State v. Pratt
Dissenting by Cory J. Swanson · 4 to 3
his address, verified by a notarized signature, and then return the verification form to the Department of Justice within ten days of receiving it in the mail. Section 46-23-504(4), MCA (1999); § 46-23-504(4)(a)(ii), (b), MCA (2005). He was also required to update his registration within 10 days of changing his address. Section 46-23-505, MCA
2025 MT 19N Jan 28, 2025 Affirmed
Hardin v. State
Majority by Ingrid Gustafson · 5 to 0
-23-503, MCA, provides that a sexual offender must be notified in writing of his duty to register not less than 10 days prior to release from confinement, and § 46-23-504, MCA, provides a sexual offender must also be registered within 10 days after his release from confinement. In State v. Azure, 2008 MT 211, 344 Mont. 188, 186 P.3d
2024 MT 190N Aug 27, 2024 Affirmed
State v. T. Roberts
Majority by Jim Rice · 5 to 0
erts’s actions satisfied the definition of “sexual offense” for which he may be required to register with the sexual offender registry in accordance with § 46-23-504, MCA. Thus, while the District Court’s sentencing may have been objectionable, it is not illegal and therefore does not necessitate re-sentencing. Pine, ¶ 29 (ci
2023 MT 116 Jun 14, 2023 Reversed
State v. R. Hinman
Majority by Laurie McKinnon · 4 to 2 with 4 concurring
ch registrants interact. A “registration agency” under the Act is a municipal police department or county sheriff’s office. Section 46-23-502(6), MCA. 8 Section 46-23-504(5), MCA; 2007 Mont. Laws ch. 483, § 20. 5 time registrants leave their county of residence for more than 10 days, they have to re-register in whatever county they
2023 MT 116 Jun 14, 2023 Reversed
State v. R. Hinman
Concurring by Mike McGrath · 4 to 2 with 4 concurring
rant suffers a period of homelessness and lacks a permanent address, SVORA now requires the individual to physically check in with law enforcement every month. Section 46-23-504(5), MCA.2 Moreover, the information that unanimously denied the motion, concluding that a “nonfrivolous issue exists as to whether this Court should reconsider our d
Official Annotations archive.org, 2021 edition
History:
En. Sec. 5, Ch. 293, L. 1989
Amd. Sec. 7, Ch. 407, L. 1995
Amd. Sec. 7, Ch. 375, L. 1997
Amd. Sec. 5, Ch. 22, Sp. L. August 2002
Amd. Sec. 2, Ch. 313, L. 2005 (HB 49 - Wilson, Bill (D) HD 22)
Amd. Sec. 4, Ch. 254, L. 2007 (HB 272 - Jones, Llew (R) HD 27)
Amd. Sec. 20, Ch. 483, L. 2007 (SB 547 - Perry, Gary (R) SD 35)
Amd. Sec. 2, Ch. 101, L. 2013 (SB 213 - Larsen, Cliff (D) SD 50)
Amd. Sec. 4, Ch. 110, L. 2015 (HB 88 - Laszloffy, Sarah (R) HD 53)