Key Highlights
- Residency Restrictions: Only Level 3 (high-risk) sexual offenders are barred from living within 300 feet of schools, day-care centers, playgrounds, and parks where minors congregate, with limited grandfathering for prior residences; see §45-5-513. Local jurisdictions may not enact stricter residency bans beyond state law, but probation or parole conditions can temporarily add site-specific restrictions.
- Presence / Proximity Rules: Level 3 offenders may not work or loiter within 300 feet of child-centric areas or a former victim’s residence and may face additional supervision restrictions; see §45-5-513.
- Duration of Registration: Registration continues for life unless relief is granted (Level 1 may petition after 10 years, Level 2 after 25 years). Violent offenders generally register for 10 years, per §46-23-506.
- Tiering / Level System: Montana assigns Levels 1–3 under §46-23-509 and DOJ Tier Guidance: Level 1 is low risk (annual verification, minimal public notice), Level 2 is moderate risk (verification every 180 days, broader disclosure), and Level 3 is high risk (quarterly verification, full online publication, community notification, and 300-foot residency and employment limits).
At a Glance
- People convicted of qualifying sexual or violent offenses must register under Montana’s Sexual or Violent Offender Registration Act; see Title 46, ch. 23, part 5, MCA.
- Initial deadline: Register at sentencing if not confined; at least 10 days before release if confined; or within 3 business days of entering a Montana county to reside or set up a temporary residence of 10+ days or 30+ days aggregate in a year; see §46-23-504(1).
- Verification: DOJ mails verification forms: Level 3 every 90 days, Level 2 every 180 days, Level 1 annually; sexual offenders return the form in person within 10 days of receipt; see §46-23-504(6).
- Primary method: Register and report in person with the local registration agency (sheriff or police); transients must check in monthly; see §46-23-504(2), (5).
- ⚠️ All changes to name, residence, student, employment, or transient status must be reported in person within 3 business days; see §46-23-505(1).
- ⚠️ If you are physically absent from your county of residence >10 consecutive days, you must register in the county you’re in on day 11; see §46-23-505(4).
- ⚠️ Leaving Montana for >7 days requires advance notice 3 days before travel; see §46-23-505(6).
Official Links
What this means in practice
- You must register if Montana law says your offense qualifies. Deadlines depend on whether you’re confined, newly arriving, or transient.
- Verification comes by mail. Your level sets how often you must respond; sexual offenders return the form in person.
Watch-outs
- Short windows: 3 business days for changes; 3 days’ notice before 7-day trips; extra duties if away from your county >10 days.
- Transients must check in monthly.
Summarized from §46-23-504, §46-23-505, and DOJ guidance at Registration Requirements.
Reviewed 10/17/2025
Who Must Register & Duration
Residents with qualifying sexual or violent offenses and nonresidents who enter a county to reside or establish a temporary residence meeting Montana’s thresholds; see §46-23-504(1). Level designations (1–3) are assigned under §46-23-509.
Duration: Registration continues for life unless relief is granted (Level 1 may petition after 10 years, Level 2 after 25 years). Violent offenders generally register for 10 years, per §46-23-506.
What this means in practice
- Covers sexual and violent offenses. Nonresidents who set up qualifying temporary residences must register.
Watch-outs
- Level 3 is high risk and triggers extra public notice and potential distance limits.
See §46-23-504(1) and level assignment in §46-23-509.
Deadlines & Reporting Triggers
- Register at sentencing if not confined; register 10 days before release if confined; see §46-23-504(1)(a)–(b).
- Register within 3 business days of entering a county to reside or to set a temporary residence meeting the 10-day/30-day rule; see §46-23-504(1)(c)–(d).
- Report monthly in person if transient; see §46-23-504(5).
- Return mailed verification forms within 10 days (Level 3 every 90 days; Level 2 every 180 days; Level 1 annually); sexual offenders return in person; see §46-23-504(6).
- Notify in person of changes to name, residence, student, employment, or transient status within 3 business days; see §46-23-505(1).
- If away from home county >10 days, register in the county you’re in on day 11 and again upon return; see §46-23-505(4)–(5).
- Provide 3-day advance notice before being absent from Montana >7 days; see §46-23-505(6).
What this means in practice
- Register at sentencing (if not confined) or 10 days before release; register within 3 business days after entering a county to live or stay long-term.
- Return verification within 10 days of receipt; frequency depends on level.
- Report changes (name, address, school, job, transient) within 3 business days.
Watch-outs
- If gone from your county >10 days, register where you are; re-register at home on return.
- Give 3-day advance notice before leaving Montana for >7 days.
Derived from §46-23-504(1), (5)–(6) and §46-23-505(1), (4)–(6).
Verification & In-Person Requirements
- Sexual offenders must return verification in person when the form arrives; photo taken at that time; see §46-23-504(6)(c).
- Transients report monthly in person on the agency’s designated day; see §46-23-504(5).
What this means in practice
- Sexual offenders must appear in person when returning verification; a new photo is taken.
- Transients report monthly in person on the day set by the agency.
Watch-outs
- Missing the in-person step can be charged as a crime.
See §46-23-504(5)–(6).
Residency, Presence, & Loitering Restrictions
Statewide distance restrictions apply to high-risk (Level 3) sexual offenders: no residence or regular employment within 300 feet of schools, day-care centers, playgrounds, certain parks, and similar child-focused facilities (with a limited grandfather clause); see §45-5-513.
What this means in practice
- High-risk (Level 3) sexual offenders have 300-foot residence and employment buffers around child-focused places.
- No statewide distance rules for Level 1–2, but supervision or local policies may add limits.
Watch-outs
- Older residences may be grandfathered; read the dates carefully.
Based on §45-5-513.
Employment, Education, & Internet Use
- Provide employer and school information at registration; see §46-23-504(3)(d)–(e).
- Report changes in student or employment status within 3 business days; see §46-23-505(1).
- List internet identifiers and related accounts (email, IM, social media) at registration; see §46-23-504(3)(h).
- Provide telephone numbers and professional licenses used for work; see §46-23-504(3)(j)–(k).
What this means in practice
- You must list employer(s), school(s), vehicles, phones, and online IDs.
- Report any job or school change within 3 business days.
Watch-outs
- Professional licenses must be disclosed.
- Online identifiers include email, IM, and social media handles.
See §46-23-504(3)(d)–(e), (h), (j)–(k) and change-notice in §46-23-505(1).
Public Website Exposure
- Public dissemination rules vary by level; names and addresses are public criminal justice information; see §46-23-508(1)(a).
- DOJ and local agencies must release additional information based on level and risk, including photos and vehicle data for certain levels; see §46-23-508(1)(b).
- Search the public registry on the DOJ site; see SVOR.
What this means in practice
- Names and addresses are public; higher levels trigger more details and community notification.
- The state maintains a searchable online registry that includes names, addresses, photos, and other identifying data.
Watch-outs
- The level of information released depends on your risk level—Level 1 has minimal public data, while Level 3 has full disclosure.
- Information on the website can remain visible even if your court supervision has ended.
Based on §46-23-508 and DOJ’s Sexual or Violent Offender Registry, which governs how data is shared with the public and law enforcement.
Travel & Relocation (Interstate Moves)
- Leaving Montana >7 days requires in-person notice to the registering agency 3 days before travel; agency forwards information to DOJ for notice to the destination jurisdiction; see §46-23-505(6).
What this means in practice
- If you will be out of Montana for more than 7 days, you must notify your local registration agency in person at least 3 days before departure.
- The agency will send this notice to the Department of Justice, which shares it with the destination jurisdiction.
Watch-outs
- If you leave without advance notice, you can be charged for failure to register or report travel.
- Some states require registration sooner than Montana’s rules; confirm before traveling.
Requirements derived from §46-23-505(6).
Visiting or Traveling in the State
- Nonresidents who enter a county to reside or to set up a temporary residence of 10+ days or 30+ days aggregate in a calendar year must register within 3 business days; see §46-23-504(1)(c).
- If you are away from your Montana home county >10 days, register where you are on day 11 and again back home on return; see §46-23-505(4)–(5).
What this means in practice
- Visitors who enter Montana and stay in any county for 10 consecutive days or 30 days total in a year must register within 3 business days.
- If you are a Montana registrant and leave your county for more than 10 days, you must register in the county you’re visiting and again when you return home.
Watch-outs
- If you make multiple short visits adding up to 30 days, that also triggers registration.
- Always verify with the local sheriff’s office; counties may differ slightly in practice.
Summarized from §46-23-504(1)(c) and §46-23-505(4)–(5).
Compliance & Enforcement
Knowingly failing to register, verify, or keep information current is punishable by up to 5 years imprisonment and/or up to $10,000 fine; see §46-23-507.
What this means in practice
- Failure to register, verify, or report changes is a felony, punishable by up to 5 years in prison and a $10,000 fine.
- Each separate failure can be charged as a separate offense.
Watch-outs
- Keep signed or date-stamped proof of each registration or update in case of a dispute.
- Montana DOJ and sheriffs actively pursue charges for missed verifications.
See §46-23-507 for penalties and enforcement authority.
Relief Paths
- Level 1 may petition for relief after 10 years of registration; Level 2 after 25 years; court must find a clean record and that relief is consistent with public safety; see §46-23-506(3), (5).
- Certain convictions (e.g., specified §45-5-503 and §45-5-507 cases), repeat offenses, or SVP designation bar relief; see §46-23-506(7).
- Petitions are filed in the appropriate district court; out-of-state relief orders are not valid in Montana; see §46-23-509(1), (81).
- DOJ provides a sample petition for relief template; see DOJ template PDF.
What this means in practice
- You can petition for removal from the registry after a set number of years depending on your risk level (Level 1: 10 years; Level 2: 25 years).
- You must show a clean record, completed treatment, and that ending registration does not threaten public safety.
Watch-outs
- Certain serious offenses and Sexually Violent Predator designations cannot be removed.
- You must file in the district court and notify the county attorney before relief can be granted.
Based on §46-23-506(3)–(7) and DOJ’s Petition for Relief Template.
Special Populations
- Transients must report monthly in person and provide movement details; see §46-23-504(5).
- High-risk (Level 3) offenders face residency and employment distance limits; see §45-5-513.
What this means in practice
- Transients without a fixed address must check in monthly with their registering agency.
- Level 3 offenders have extra residence and employment restrictions within 300 feet of schools and child areas.
Watch-outs
- If you lose housing, notify law enforcement immediately to avoid being labeled transient by default.
- Homeless offenders may have more frequent check-ins.
See §46-23-504(5) and §45-5-513.
Costs & Payments
- Registrants are responsible, if able, for the actual costs of registration; DOJ may set fees by rule; see §46-23-504(8).
Recent Changes & Litigation
- Statute: SB 38 (2023) — 68th Legislature; effective 2023-05-19. Revised level designations and verification intervals (added 180-day verification for Level 2), expanded information requirements, and added travel-notice rules. link
- Rule: DOJ SVOR platform update (news); effective 2025-02-07. DOJ launched an updated public registry interface following 2023 changes to SVORA; public search remains available online. link
Compliance Checklists & Scripts
New Arrival: First 30 Days
- Call the local sheriff/police to confirm where to register and what to bring (ID, judgment, proof of address); see §46-23-504(2)–(3).
- Register within 3 business days of qualifying presence or on release timeline; see §46-23-504(1).
- List employer, school, vehicles, phones, internet IDs, and licenses; see §46-23-504(3).
- Ask how your verification window works by level and how you’ll receive forms; see §46-23-504(6).
- If transient, note the agency’s monthly in-person day; see §46-23-504(5).
Moving Out / Traveling
- Notify your last registering agency in person of the move/change within 3 business days; see §46-23-505(1).
- If leaving Montana >7 days, give 3-day advance notice of travel; see §46-23-505(6).
- Confirm registration requirements and deadlines in the destination state; Montana will forward data; see §46-23-505(3).
Records Request Template
Subject: Request for SVOR Registration Records — [Your Name]
To: Registration Agency/DOJ SVOR Unit
I request copies of my registration records (initial registration, verification submissions, photographs, and change notices) maintained under §46-23-508. Please include dates of receipt and any compliance notes.
I also request the mail dates for verification forms under §46-23-504(6). I consent to release to me and will pay reasonable actual costs as authorized by §46-23-504(8).
Sincerely,
[Your Name], [DOB]
[Address]
[Phone/Email]Relief Petition Outline
Use the DOJ sample as a starting point; see Petition for Relief template (DOJ). In your draft: (1) identify your level and registration start date under §46-23-506; (2) attestation of a clean record per §46-23-506(5); (3) treatment completion proof; (4) statement why relief is consistent with public safety; (5) serve the county attorney; (6) include any victim-notification addresses available.Tips for using these checklists
- Follow the DOJ checklists for new arrivals and movers. Always get in-person confirmation of registration and keep copies of every receipt or form.
- Use the records-request template to verify your compliance history or for court filings, and use the DOJ petition template when seeking removal.
Built from §46-23-504–508 and official DOJ Registration Requirements.
Citations
- MCA Title 46, ch. 23, pt. 5 (index)
- §46-23-504 — Persons required to register; procedures
- §46-23-505 — Change notice; travel; multi-county presence
- §46-23-506 — Duty; duration; relief
- §46-23-507 — Penalty
- §46-23-508 — Public dissemination
- §46-23-509 — Evaluations & level designations
- §45-5-513 — High-risk residency & employment distance limits
- MT DOJ — Registration Requirements (official guidance)
- MT DOJ — Offender Types & Tier Levels
