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23.12.303    DESIGNATION OF CRIMINAL INTELLIGENCE INFORMATION FILES FOR PURPOSES OF DETERMINING ALLOWABLE PERIOD OF RETENTION BY CRIMINAL INTELLIGENCE INFORMATION SECTION

(1) The criminal intelligence information section shall designate, based on file content, the length of time for which any file may be maintained.

(2) Files shall be designated and retained as follows:

(a) files designated as "temporary" shall be retained no more than two years;

(b) files designated as "permanent" shall be retained no more than five years. A permanent file may be retained longer than five years upon demonstration of a compelling reason to the criminal intelligence advisory council. In the event the criminal justice advisory council finds compelling reason to retain a file longer than five years, the council shall present such compelling reason to the attorney general who shall ultimately determine whether any particular files shall be retained;

(c) files designated as "interim" shall be retained no more than 60 days. An interim file may be retained longer than 60 days upon demonstration of a compelling reason to the section supervisor. In the event a file designated as interim is retained longer than one year, the section supervisor shall demonstrate a compelling reason for retention of the file to the criminal intelligence advisory council. In the event the council finds a compelling reason to retain the file, the council shall present such compelling reason to the attorney general who shall ultimately determine whether any particular file shall be retained.

History: Sec. 44-5-105, 44-5-504, MCA; IMP, Sec. 44-5-503, 44-5-504, MCA; NEW, 2005 MAR p. 740, Eff. 5/13/05.

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