23.12.203    INITIAL OFFENSE REPORTS

(1) Initial offense reports should contain the following:

(a) the general nature of the charges against the accused;

(b) the offense location;

(c) the name, age, and residence of the accused;

(d) the name of the victim, unless the offense charged was a sex crime; and

(e) the identity of a witness unless the witness has requested confidentiality.

(2) Initial offense reports should not contain:

(a) driver's license numbers;

(b) social security numbers;

(c) medical records, including but not limited to, mental health records and records relating to drug and alcohol addiction or treatment;

(d) with respect to the victim of an offense committed under 45-5-502, 45-5-503, 45-5-504, or 45-5-507, MCA, any information other than the offense location that may directly or indirectly identify the victim; and

(e) with respect to the victim of any offense other than those described in (2)(d) who requests confidentiality, any information other than the offense location that may directly or indirectly disclose the address, telephone number, or place of employment of the victim or a member of the victim's family.

History: 44-5-105, MCA; IMP, 44-5-103, 44-5-301, MCA; NEW, 2004 MAR p. 1950, Eff. 8/20/04; TRANS, 2008 MAR p. 1803.