Montana Court Records
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The Montana State Prison System
Criminal justice agencies in Montana typically remand offenders on bail or in custody. Following a conviction for an offense, a person usually serves time in one of several prison facilities under the supervision of the Montana Department of Corrections or the Federal Bureau of Prisons. These government agencies maintain records of inmates, which are available to the public through official custodians or independent service providers.
What Is The Difference Between Jail and Prison in Montana?
The major differences between jails and prisons in Montana lie in the length of stay, the severity of the inmate’s crime, and the authority that oversees the facility. Offenders, whom the Montana judiciary sentenced to twelve months or less in jail, serve that sentence in jail. This jail is typically under the authority of the municipality where the offense happened, i.e., the county or city.
Likewise, misdemeanor offenders typically pose less of a threat to society than felony offenders do. Thus, courts often incarcerate the former class of offenders in jails while felony offenders serve time in prisons. Nevertheless, a misdemeanor offender may serve time in jail if they are repeat offenders with aggravating circumstances.
A person who violates municipal criminal codes may serve time in jail, and one who commits state or federal crimes usually spends time in prison. These prisons are under the authority of a state or federal correctional agency, i.e., the Department of Corrections or the Bureau of Prisons (BOP).
Meanwhile, it is also important to distinguish between jails, prisons, and detention centers. Detention centers generally refer to facilities where state and federal criminal justice agencies remand offenders pending conviction and sentence in court. Nevertheless, correctional agencies often use detention centers as prisons or run both in the same location.
How Many Prisons are in Montana?
The Montana Department of Corrections currently operates five penal institutions as of January 2021. These include:
- Montana State Prison (MSP)
- Montana Women’s Prison (MWP)
- Cascade County Regional Detention Center, Great Falls
- Crossroads Correctional Center, Shelby
- Dawson County Correctional Facility, Glendive
According to information retrieved from the Bureau of Prisons website, the U.S. government does not currently operate a federal prison in the state.
How Do I Search For An Inmate in Montana State Prison?
There are two ways to search for inmates currently incarcerated in a state prison or under supervision by the Board of Probation and Paroles.
Contact the facility: The contact information of the penal institutions in Montana is available on this webpage. The searcher must click on the institution where they suspect the inmate is located and use the phone, fax, or mailing address to contact the prison. For all direct correspondence with the jail, endeavor to have the name, offender number, and estimated incarceration date at hand. The administrative staff may need this information to search the facility’s database for the inmate's status. However, prison policy prohibits the disclosure of sensitive information regarding an inmate.
Use Offender search: This electronic database lists all inmates under the supervision of the Montana Department of Corrections. Interested persons may use this inmate locator to find an inmate regardless of the facility of incarceration. Upon query, the database may also return information such as the offender’s mugshot, status (secure or parolee), physical description, and a summary of the incarceration record.
Are Incarceration Records Public in Montana?
Yes, incarceration records and criminal history records are public information in Montana. Interested persons may contact the specific local and state agencies to obtain a copy of these documents.
Records that are considered public may be accessible from some third-party websites. These websites often simplify the search process by aggregating information from various jurisdictions and providing it to record seekers via a single database. Users are generally required to provide the following information to facilitate a search:
- The name of the person involved in the record, unless said person is a juvenile
- The location or assumed location of the record or person involved. This includes information such as the city, county, or state where the person resides or was accused.
Third-party sites operate independently from government sources and are not sponsored by these agencies. Therefore, the accuracy and validity of the information they provide may not be guaranteed.
How to Look Up Jail Records in Montana
The Department advises checking the accuracy and currency of the information available on the electronic database before use. Other times, a requester may need specific jail records or detailed information that is not available online. Either way, to look up jail records in Montana, a requester must send a written request to the Montana Department of Corrections at:
5 South Last Chance Gulch
P. O. Box 201301
Helena, MT 59620- 1301
Phone: (406) 444–3930
Fax: (406) 444–4920
The Department also accepts requests for records using an online form. For mail requests, address the request to the Inmate Records Unit. The letter must be concise and contain a short introduction, information on the requester, the reason for the request, and specific records or documents sought.
More importantly, the request must cite the state sunshine laws granting access to that record and contain the necessary details to facilitate a record search. These details include the inmate’s name, approximate age, incarceration date, and offender identification number. All of these are available with a preliminary name-based search on the inmate locator.
The requester must then attach a valid means of identification, enclose the written request in a self-addressed stamped envelope, and send the mail to the address above. They may also contact the facility ahead to request an estimate of the cost of reproducing the requested records.
Likewise, arrest records, criminal history, and court records on inmates are public records. To request an arrest record, contact local law enforcement. The Division of Criminal Investigation provides public access to anyone's criminal history in Montana. Interested persons may also request a background check from the Department of Justice. Likewise, court records on criminal cases involving inmates are also available to interested persons at the office of the clerk of courts (see court directory).
Can Jail Records be Expunged in Montana?
It depends. The Montana Department of Justice sets the state's procedure and requirements for expungement. Generally, an intending applicant should have a clean record for at least five years, complete outstanding court orders, and fulfill all financial obligations. They may then submit a petition for expungement to the district court. The court reviews the petition and may grant the petitioner authorization to use the expungement form. The whole process typically takes at least thirty (30) days.
