41-5-220. Electronic records -- formal policies and administrative rules required. (1) (a) The department and the youth court are required to adopt appropriate control methods to ensure adequate integrity, security, and confidentiality of any electronic records of a youth generated or maintained in any management information system.
(b) The office of the court administrator shall adopt formal policies, and the department shall adopt administrative rules to institute the requirements in subsection (1)(a).
(2) For the purposes of this part, any references to "sealing", "physically sealed", and "destroyed" must be interpreted to have the same meaning when applied to electronic records and must be applied to have the same force and effect. A sealed record must be made unavailable for access by any person unless upon court order as provided in 41-5-216. A destroyed record must be rendered inaccessible and unrecoverable and disposed of in a manner in which confidentiality is protected, which may include disassociating the offense and disposition information from the name of the youth.
History: En. Sec. 4, Ch. 423, L. 2005; amd. Sec. 2, Ch. 56, L. 2017.
Structure Montana Code Annotated
Part 2. Youth Court -- Jurisdiction -- Records
41-5-201. Youth court judge -- judges pro tempore -- special masters
41-5-202. Renumbered 41-5-1405
41-5-203. Jurisdiction of court
41-5-205. Retention of jurisdiction -- termination
41-5-206. Filing in district court prior to formal proceedings in youth court
41-5-209. through 41-5-214 reserved
41-5-215. Youth court and department records -- notification of school
41-5-218. and 41-5-219 reserved
41-5-220. Electronic records -- formal policies and administrative rules required
41-5-221. Penalty for unauthorized disclosure of or access to records