The bill amends Section 46-5-105 of the Montana Code Annotated to establish new guidelines regarding strip searches for individuals who are arrested or detained. Under the current law, a person arrested for a non-felony offense cannot be subjected to a strip search unless there is reasonable suspicion that they are concealing a weapon, contraband, or evidence of a crime. The proposed amendment introduces an exception to this rule.
Specifically, the bill states that if a person will be housed in a jail or correctional facility for more than 12 hours, they may be subjected to a strip search without the need for reasonable suspicion. This change aims to clarify the conditions under which strip searches can be conducted, particularly for individuals facing longer periods of detention.
Statutes affected: LC Text: 46-5-105