Generally revise criminal procedure law
HB 890 would direct the Department of Justice, the Department of Corrections, and the Judicial Branch to work together by October 1, 2025, to determine the best way to supply criminal history information to Montana’s criminal justice data warehouse. The bill specifically targets criminal history information for offenders convicted in district court during the previous five fiscal years, as well as all offenders convicted after the bill’s effective date, and requires that each offender’s name be identifiable with the criminal history data. If the agencies cannot reach consensus, the bill assigns the Department of Corrections the duty to provide the information to the warehouse.
The bill also amends the statute governing the criminal justice data warehouse to reinforce its role as a centralized repository for criminal justice data used by state and local officials for data-informed decision-making. It preserves contributing entities’ ownership of their data, requires confidentiality protections and memoranda of understanding, and authorizes the board to set data formats, schedules, and reporting policies. HB 890 includes a small general fund appropriation of $2,000 each to the Department of Justice, the Department of Corrections, and the Judicial Branch to support the collaboration required by the bill.
HB 890 would amend section 44-7-126, MCA, by adding a specific interagency process for sharing criminal history information with the criminal justice data warehouse and by creating a fallback obligation for the Department of Corrections if the agencies do not agree on a method. In practical terms, it would expand and standardize the flow of offender criminal history data into the warehouse, affecting the Department of Justice, the Department of Corrections, the Judicial Branch, and the Board of Crime Control’s administration of the warehouse. The bill also creates a modest biennial general fund appropriation to support implementation.
The bill appears to have received support in the House, passing committee and floor votes with clear majorities, suggesting general agreement with improving criminal justice data sharing and warehouse functionality. However, it ultimately died in a Senate standing committee, indicating that support was not sufficient to advance through the full legislative process. The available record shows no committee transcript discussion, so the broader sentiment can only be inferred from the votes and final disposition.
The main point of contention appears to be how criminal history information should be transmitted to the data warehouse and which agency should bear responsibility if the agencies cannot agree. The bill requires the Department of Justice, Department of Corrections, and Judicial Branch to confer, but it also gives the Department of Corrections a default obligation if consensus fails, which may have raised administrative or jurisdictional concerns. More generally, the bill touches on data-sharing, confidentiality, and interbranch coordination, issues that often generate concern about workload, privacy, and control over criminal justice records.