BEFORE THE DEPARTMENT OF JUSTICE
OF THE STATE OF MONTANA
In the matter of the amendment of ARM 23.12.204, concerning juvenile records
NOTICE OF PROPOSED AMENDMENT
NO PUBLIC HEARING CONTEMPLATED
TO: All Concerned Persons
1. On June 11, 2010, the Department of Justice proposes to amend the above-stated rule.
2. The department will make reasonable accommodations for persons with disabilities who wish to participate in this rulemaking process or need an alternative accessible format of this notice. If you require an accommodation, contact the department no later than 5:00 p.m. on May 21, 2010, to advise us of the nature of the accommodation that you need. Please contact Kathy Stelling, Department of Justice, 215 North Sanders, P.O. Box 201401, Helena, MT 59620-1401; telephone (406) 444-2026; Montana Relay Service 711; fax (406) 444-3549; or e-mail email@example.com.
3. The rule as proposed to be amended is as follows, new matter underlined, deleted matter interlined:
23.12.204 JUVENILE RECORDS (1) remains the same.
(2) The juvenile records listed in (1) must be physically sealed
three years after supervision for an offense ends on the youth's 18th birthday, in accordance with the procedure and exceptions listed at 41-5-216, MCA. Once sealed, the records are no longer available for public inspection.
AUTH: 44-5-105, mca
IMP: 41-5-216, 44-5-103, 44-5-301, mca
REASON: This change is reasonably necessary to ensure that juvenile records are sealed on the youth's 18th birthday, not three years after supervision ends, as now required by 41-5-216, MCA.
4. Concerned persons may submit their data, views, or arguments concerning the proposed action in writing to: Stuart Segrest, Department of Justice, 215 North Sanders, P.O. Box 201401, Helena, MT 59620-1401; telephone (406) 444-2026; Montana Relay Service 711; fax (406) 444-3549; or e-mail firstname.lastname@example.org, and must be received no later than 5:00 p.m. on May 27, 2010.
5. If persons who are directly affected by the proposed action wish to express their data, views, or arguments orally or in writing at a public hearing, they must make written request for a hearing and submit this request along with any written comments they have to Stuart Segrest at the above address no later than May 27, 2010.
6. If the agency receives requests for a public hearing on the proposed action from either 10 percent or 25, whichever is less, of the persons who are directly affected by the proposed action; from the appropriate administrative rule review committee of the Legislature; from a governmental subdivision or agency; or from an association having not less than 25 members who will be directly affected, a hearing will be held at a later date. Notice of the hearing will be published in the Montana Administrative Register. The number of persons affected is at least 250.
7. The department maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this agency. Persons who wish to have their name added to the list shall make a written request that includes the name, e-mail, and mailing address of the person to receive notices and specifies for which program the person wishes to receive notices. Notices will be sent by e-mail unless a mailing preference is noted in the request. Such written request may be mailed or delivered to the contact person in 4 above, or may be made by completing a request form at any rules hearing held by the department. A copy of the interested persons request form may be printed from the Department of Justice's web site at http://doj.mt.gov/resources/administrativerules.asp, and mailed to the rule reviewer.
8. An electronic copy of this notice is available through the Department of Justice web site at http://doj.mt.gov/resources/administrativerules.asp. The department strives to make the electronic copy of this notice conform to the official version of the notice, as printed in the Montana Administrative Register, but advises all concerned persons that in the event of a discrepancy between the official printed text of the notice and the electronic version of the notice, only the official printed text will be considered. In addition, although the department strives to keep its web site accessible at all times, concerned persons should be aware that the web site may be unavailable during some periods, due to system maintenance or technical problems, and that a person's difficulties in sending an e-mail do not excuse late submission of comments.
9. The bill sponsor contact requirements of 2-4-302, MCA, do not apply.
By: /s/ Steve Bullock /s/ J. Stuart Segrest
STEVE BULLOCK J. STUART SEGREST
Attorney General Rule Reviewer
Department of Justice
Certified to the Secretary of State on April 19, 2010.