GREAT FALLS — The Cascade County Sheriff’s Office will no longer post booking photographs (mug shots) to its online booking roster, effective immediately.
The jail roster will continue to be published online and will include the name, age, date/time of booking, charges, and bond information for all inmates, but will no longer include booking photos.
Several other large county jails have long had a similar policy, including Gallatin County, Missoula County, and Yellowstone County.
Several people have asked if the Montana Sexual or Violent Offender Registry will still include booking photos - the answer is yes, because people on the SVOR have been convicted of crimes.
Cascade County Sheriff Jesse Slaughter said in a news release on Thursday that this decision follows legal guidance from Cascade County Attorney Josh Racki and a review of conflicting provisions in Montana law.
Slaughter said that under Montana Code Annotated (MCA) 44-5-301, booking photographs are public information but can be obtained for a fee before criminal proceedings are concluded. This fee may be waived in certain cases.
However, MCA 44-5-103 classifies certain photographs as confidential. The contradiction between the two sections of the law leads to uncertainty about how booking photographs and related criminal justice records should be handled and accessed.
"After talking with the legislative sponsor of the relevant statutes and getting a better understanding of the intent behind the laws, we’ve decided to remove mugshots from the online booking roster. This change helps us stay in line with the law and keep our public information policies consistent," said Slaughter.
The news release states while mugshots will no longer be available online, other arrest information will continue to be accessible as required by Montana law.
Members of the public and media may still request booking photographs through appropriate legal channels, subject to any applicable fees or restrictions.
