Montana Title 46. Criminal Procedure § 46-15-413. Retention and disposal of sexual assault evidence kits--victim notification

(1) Sexual assault evidence kits reported to law enforcement pursuant to 46-15-404, anonymous sexual assault evidence kits collected as provided in 46-15-411, and the related contents of reported or anonymous sexual assault evidence kits must be stored in a secure and reasonable manner that preserves evidence for 75 years from the date of collection.

(2) A victim may request notification before the victim's sexual assault evidence kit and related contents are destroyed.

(3) If requested by the victim, the agency with custody of the victim's sexual assault evidence kit and its contents shall provide written notice to the victim 120 days before the intended destruction or disposal of the sexual assault evidence kit or its contents. The notification must include:

(4) If any party to the offense objects to the destruction or disposal of the biological evidence, the agency has the burden of proving by a preponderance of the evidence that the destruction or disposal of the biological evidence must take place.