Montana

Montana has adopted all six pillars of rape kit reform. The state has funding and is working on clearing its backlog.

Reform Status
Full Reform
Testing Status
In-Process
Untested Kits
Now 141*
Then 1410**
* According to a report by internal sources there were 141 untested kits in Montana in 2025.
** According to a media report by the Flathead Beacon there were 1410 untested kits in Montana in 2016.

Pillar Count

6/6 Pillars
Montana has adopted all six pillars of rape kit reform. The state has funding and is working on clearing its backlog.
Statewide Inventory

Yes, the state carried out a one-time inventory.

  • Is the inventory recurring? No
  • Are law enforcement agencies and/or labs required to participate in the inventory? No
  • Does the law require to document the date of when each kit was collected? No
  • Does the law require a reason to be given as to why the kit was not submitted to a crime lab for testing? No
  • Does the law require untested kits to be counted? Yes
Test Backlogged Kits

In-Process, the state has committed to testing its backlogged kits.

Montana is eliminating its backlog through non-legislative means.

Test New Kits

Yes, all newly collected kits are being tested.

  • According to the law, how much time after a rape kit examination do hospitals have to notify law enforcement that a kit is ready to be picked up? 24 Hours
  • According to the law, after being notified, within what time frame is law enforcement required to pick up the kit? 5 Days
  • According to the law, after picking the kit up, within what time frame is law enforcement required to submit the kit to the lab? 30 Days
  • According to the law, after receiving the kit, within what time frame is the lab required to test the kit? Not specified
  • Does the law allow crime labs to outsource kits for testing if they are unable to meet the deadline? Not specified
Implement Tracking System

Yes, tracking system in use.

  • Does the law state that the tracking system should track initial collection at hospital, inventory and storage by law enforcement, and testing and storage by state labs? Yes
  • Does the law state that the tracking system should track if kit a has been destroyed? Yes
  • Does the law allow all agencies who participate in the tracking system to update the status of a kit? Yes
  • Does the law state that the tracking system should have a victim portal? Yes
  • Does the law require law enforcement, labs, and hospitals to participate in the tracking system? Yes
  • Does the law state that all previously untested kits should be entered into the system? No
Victim's Right To Know

Yes, the state has granted victims the right to notice and be informed on the status of their kit.

  • Do victims have the right to receive information of the location, testing date, and testing results of their kit? Yes
  • Do victims have the right to be informed when there is any change in the status of their case? Yes
  • Do victims have the right to receive notification before destruction of their kit? No
  • Are victims granted further preservation of the kit or its probative contents? No
  • Are victims provided with the contact information for the designated liaison(s) at the corresponding law enforcement agency at the time that a kit is collected? Yes
  • Do victims have the right to receive a physical document identifying their rights under law? No
Fund Reform

Yes, the state has allocated one-time funding.

See state reform timeline below.

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State Reform Timeline

2025
Inventory
141 untested kits in Montana

According to internal sources in Montana, there are 141 kits that have yet to be submitted for testing.

2023
Funding
$2,125,000 awarded to the Montana Department of Justice

In 2023, the U.S. Department of Justice Bureau of Justice Assistance (BJA) awarded the Montana Department of Justice $2,125,000 to inventory and test unsubmitted and partially tested sexual assault kits.

2022
Report
341 untested kits left in Montana

According to internal sources in Montana, a new statewide inventory carried out by Montana Department of Justice in 2022 uncovered 341 untested kits, ranging from 1989 to 2020.

2021
Other
Montana achieved all pillars of reform

In 2021, Joyful Heart Foundation deemed that the state of Montana had achieved all six pillars of rape kit reform.

Inventory
250 kits found in Montana

In 2021, Joyful Heart Foundation confirmed that Montana had more than 250 untested kits. The U.S. Department of Justice Bureau of Justice Assistance (BJA) grant the state received in 2020 supports the state’s efforts to test these kits.

Bill: Enacted
HB310 enacted in Montana

In 2021, Montana legislators introduced HB310, granting survivors the right to know the status of their kits. The bill was signed into law.

Bill: Enacted
HB693 enacted in Montana

Under HB693, legislators mandated a one-time inventory of untested kits, to be completed by September 1, 2022.

2020
Funding
$992,072 awarded in Montana

In 2020, BJA awarded DOJ $992,072 to sustain its work on rape kit reform.

Inventory
Montana eliminated its backlog

In 2020, Joyful Heart Foundation confirmed that Montana had ended its backlog of more than 1,400 untested kits.

2019
Bill: Enacted
SB52 enacted in Montana

In 2019, Montana enacted SB52, mandating that for kits with survivor consent to test, law enforcement must retrieve the kit from a medical facility within five days of evidence collection, and submit the kit to a crime lab for testing within 30 days of receipt. For kits without consent to test, health care facilities must inform the victim that the evidence will be forwarded to the Montana Department of Justice (DOJ) for storage for a minimum of one year before the kit can be destroyed. This provision was to be in effect for four years. Additionally, DOJ was to create and operate a statewide rape kit tracking system that allowed survivors to access the system anonymously. Lastly, the law instructed DOJ to prepare a model form outlining victims’ rights, including the right to request information such as the current status of the case. The same year, DOJ allocated nearly $157,000 to test unsubmitted, untested rape kits.

Other
Montana's tracking system goes live

In 2019, Montana’s rape kit tracking system went live.

2018
Inventory
1,188 kits found in Montana

In March 2018, The Montana Sexual Assault Evidence Task Force reported to the Great Falls Tribune that 1,188 untested rape kits remained.

2017
Funding
$917,740 awarded in Montana

In 2017, BJA awarded DOJ $917,740 to sustain its work on rape kit reform.

2016
Inventory
1,410 kits found in Montana

In 2016, The Montana Sexual Assault Evidence Task Force announced that there were 1,410 untested rape kits across the state.

Funding
$284,500 awarded in Montana

In 2016, the U.S. Department of Justice National Institute of Justice awarded the Montana Department of Justice (DOJ) $284,500 to implement an evidence-management program to inventory, track, and report untested and unsubmitted rape kits.

Funding
$1,999,040 awarded in Montana

In the same year, the U.S. Department of Justice Bureau of Justice Assistance (BJA) awarded the Montana Department of Justice (DOJ) $1,999,040 to test kits, investigate and prosecute cases, and re-engage survivors.

2015
Accountability
Accountability Project issued records request in Montana

In 2015, The Accountability Project issued an open records request to bring the number of untested kits in Billings to light. Through our efforts, we learned that the Billings Police Department submitted 97% of all rape kits received between 2006 and 2015 to the lab for testing. As of November 2016, the Billings Police Department had reported five untested kits in storage.

Non-Legislative Reform
Montana attorney general announced The Montana Sexual Assault Evidence Task Force

In 2015, Montana Attorney General Tim Fox announced the establishment of The Montana Sexual Assault Evidence Task Force to examine the backlog of untested rape kits in the state.

Accountability

We have issued public records requests, through the Freedom of Information Act, to the following jurisdictions in Montana to discover whether they possess any untested rape kits.
Target
Request Year
Untested kits discovered
Information received
Billings, MT
2015
5

More from Montana

2023 End The Backlog Legislative Update
As the state legislative sessions are ending or paused for a summer break, we look back at our achievements this year. 29 states and Puerto Rico introduced 50 bills related to our six pillars of comprehensive sexual assault kit reform. Out of these, 12 states passed 15 laws. This year, Mississippi enacted its first ever […]
Rape Kit Reform in 2022
In the 2022 session, we rebuilt our website endthebacklog.org, wrote an academic book chapter and “The State of the Backlog” report, while successfully advocating for rape kit reform across the country. “The State of the Backlog” report provides a birds-eye view of rape kit reform field, focusing on what we have started, where we have […]