Montana’s Three-Tier System The Department of Corrections or the sentencing court designates a tier level that assesses the risk each offender poses for committing similar offenses in the future:
Level 1 Sexual Offenders - the risk of a repeat sexual offense is low
Level 2 Sexual Offenders - the risk of a repeat sexual offense is moderate
Level 3 Sexual Offenders - the risk of a repeat sexual offense is high, there is a threat to public safety, and an evaluator believes the offender is a sexually violent predator
If an offender was convicted in federal court or in another state and the offense requires registration in Montana, the Registration Unit may use the risk level designation assigned by that state or the federal government. Offenders without a tier level - Some sexual offenders may not have a tier-level designation. Since the tier-level system was not enacted in Montana until 1997, sexual offenders sentenced prior to that year may not have a tier level. Sexual offenders may not have a tier level designation if:
they were incarcerated prior to 1997
they were not incarcerated after 1997
the sentencing judge did not assign them a tier level