BEFORE THE DEPARTMENT OF JUSTICE

OF THE STATE OF MONTANA

 

In the matter of the amendment of ARM 23.12.204, concerning juvenile records

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NOTICE OF AMENDMENT

 

TO:  All Concerned Persons

 

1.  On April 29, 2010, the Department of Justice published MAR Notice No. 23-12-215 pertaining to the proposed amendment of the above-stated rule at page 972 of the 2010  Montana Administrative Register, Issue Number 8.

 

2.  The department has amended the following rule as proposed:  ARM 23.12.204. 

 

3.  The department has thoroughly considered the comments and testimony received.  A summary of the comments received and the department's responses are as follows:

 

COMMENT #1:  Why does the Department of Justice feel this change is necessary.

 

RESPONSE #1:  As explained in the notice, this change is necessary to reflect current statutory requirement concerning sealing youth court records.  Prior to 2005, the statute read that youth court records must be sealed "3 years after supervision for an offense ends."  See 41-5-216(1), MCA (2003).  In 2005, it was amended to require that youth court records be sealed "on the youth's 18th birthday" (unless certain exceptions are met), not three years after supervision ends.  See current 41-5-216(1), MCA.  At present, ARM 23.12.204 uses the outdated 2003 language requiring records be sealed three years after supervision, instead of the current statutory requirement of sealing records when a youth turns 18.  This amendment is therefore necessary so the "juvenile records" administrative rule follows current statutory language as amended.  Also, we added the caveat "in accordance with the procedure and exceptions listed at 41-5-216, MCA" to ensure that the exceptions to sealing a record provided by the statute were considered before a record is sealed. 

 

COMMENT #2:  Does this rule refer to formal or informal records?

 

RESPONSE #2:  The rule applies to "formal youth court records, law enforcement records, and department records that are not exempt from sealing under subsections (4) and (6) of 41-5-216, MCA." 

 

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 June 1, 2010.