Registration & Tiers

Tier levels assess the threat that an offender poses to public safety. Sexual offenders registered in Montana should have a tier level designation if they were sentenced in Montana on or after October 1, 1997, which is when the Montana Legislature required courts to assign tier levels. Violent offenders are not issued a tier level. Sex offenders who have not been given an evaluation will not have a tier level designated.

If an offender was given a level designation, the agency shall give the public notification that may include the offender’s name and exact address, the type of victim targeted by the offense, photograph and physical description of the offender, the offense for which the offender is required to register, and any conditions imposed by the court upon the offender for the safety of the public.

• Level 1 – The risk of a repeat sexual offense is low.
• Level 2 – The risk of a repeat sexual offense is moderate.
• Level 3 – The risk of a repeat sexual offense is high, there is a threat to public safety, and the evaluator believes that the offender is a sexually violent predator.
• None (N) – Violent offenders are not given a tier level designation, but can be a level 1 to 3.

A tier level designation has not been given to sex offenders who were sentenced prior to the enactment of tier levels in 1997 and will not have a tier level designation.

Violators Without a Tier Level Designation

Sex offenders convicted federally or in another state will not have a tier level designation. You are entitled to the name and address of any registered offender in the State of Montana (46-23-508(1)(a). You are also entitled to any offender registration information relevant to the public regarding an offender whom a law enforcement agency has determined is a risk of safety to the community (MCA 46-23-508 (1)(h). In addition, minimum disclosure requirements are provided for each tier level assigned to a sexual offender.

Tier Level Requirements

Tier Level 1

• Name and Address
• Conviction(s) qualifying an offender for registration (MCA 44-5-103(13)
• Agency with whom the offender is registered

Tier Level 2

• Name and Address
• Conviction(s) qualifying an offender for registration (MCA 44-5-103(13)
• Agency with whom the offender is registered
• The supervising law enforcement agency may also provide the victim and any agency, organization, or group serving persons who have characteristics similar to those of a previous victim
• Type of victim targeted by offense that the offender is registered for
• Photo and physical description of the offender
• Any conditions imposed by the court upon the offender for the safety of the public

Tier Level 3

• Same as for Level 1 and 2 and shall give the victim and the public notification including:
• Type of victim targeted by offense
• Photograph and physical description of the offender
• Any conditions imposed by the court upon the offender for the safety of the public. The agency shall also include the date of the offender’s release from confinement or if not confined, the date of the offender’s sentence and an indication that the offender was not confined and the community in which the offense occurred.