Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 22-0005.01 Conrad Imel x2313
SENATE BILL 22-150
Senate Committees House Committees
Judiciary
A BILL FOR AN ACT
C
ONCERNING RESPONDING TO THE MISSING INDIGENOUS PERSONS101
CRISIS, AND, IN CONNECTION THEREWITH , ESTABLISHING THE102
OFFICE OF LIAISON FOR MI SSING AND MURDERED INDIGENOUS103
RELATIVES.104
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
The bill establishes the office of liaison for missing and murdered
indigenous relatives (office) in the department of public safety
(department). The bill lists the office's duties, which include assisting
SENATE SPONSORSHIP
Danielson,
HOUSE SPONSORSHIP
Duran and Herod,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing statute.
Dashes through the words indicate deletions from existing statute. with missing indigenous persons investigations and homicide cases
involving indigenous victims; taking measures to address issues relating
to missing or murdered indigenous persons; and providing assistance to
families of victims. Office personnel have access to criminal justice
records and medical, coroner, and laboratory records in the custody of a
state or local agency that are relevant and necessary for the office to
perform its duties.
A community volunteer advisory board (board) is established in
the office to identify and advise the office on areas of concern regarding
missing or murdered indigenous relatives and issues of collaborative
efforts related to missing or murdered indigenous relatives. The executive
director appoints members to the board. Members are not office
personnel.
In carrying out its duties, the office is required to collaborate with
the Colorado commission of Indian affairs; federally recognized tribes;
state, local, and tribal law enforcement agencies; and indigenous-led
organizations. The office must publish on its public website an overview
of missing and murdered indigenous persons injustice.
The bill requires the Colorado bureau of investigation (bureau) to
work with the office and federal, state, tribal, and local law enforcement
agencies for the efficient investigation of missing or murdered indigenous
persons. The bureau must operate a clearinghouse database on missing
indigenous persons from Colorado and prepare an annual report on
information about missing or murdered indigenous persons. The bureau
is required to operate a missing indigenous person alert program.
The bill requires peace officers to receive training concerning
issues relating to missing or murdered indigenous persons. The peace
officer standards and training board must work with the office to develop
and facilitate the training.
The bill requires a law enforcement agency that receives a report
of a missing indigenous person to notify the bureau.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Legislative declaration. (1) The general assembly2
finds and declares that:3
(a) Sixty-one percent of American Indian and Alaska native4
women have been assaulted in their lifetimes;5
(b) Compared to all other races, American Indians and Alaska6
natives are two and one-half times more likely to experience violent7
SB22-150-2- crimes and at least two times more likely to experience rape or sexual1
assault crimes;2
(c) Jurisdictional issues and data-sharing barriers between3
intergovernmental agencies and tribal governments result in confusing4
reporting mechanisms for those whose relatives are missing or murdered5
and very limited data about those missing or murdered indigenous6
relatives;7
(d) It is necessary to develop and promote best practices and8
training for:9
(I) Promoting community relations with indigenous populations;10
(II) Law enforcement's response to indigenous persons who report11
missing relatives; and12
(III) Data collection relating to reports of missing or murdered13
indigenous relatives;14
(e) Other states, including Montana, Oklahoma, and Wyoming,15
have adopted legislation establishing entities to address issues related to16
violence against indigenous persons, including addressing jurisdictional17
and data-sharing barriers and a lack of best practices for law enforcement;18
and19
(f) Colorado can best serve and seek justice for indigenous20
persons who have been the victims of violence by establishing an office21
to serve as a liaison on behalf of missing or murdered indigenous22
relatives.23
SECTION 2. In Colorado Revised Statutes, add part 25 to article24
33.5 of title 24 as follows:25
PART 2526
OFFICE OF LIAISON FOR27
SB22-150
-3- MISSING AND MURDERED INDIGENOUS RELATIVES1
24-33.5-2501. Definitions. A
S USED IN THIS PART 25, UNLESS THE2
CONTEXT OTHERWISE REQUIRES :3
(1) "D
IRECTOR" MEANS THE DIRECTOR OF THE OFFICE, APPOINTED4
PURSUANT TO SECTION 24-33.5-2502 (2).5
(2) "I
NDIGENOUS" MEANS HAVING DESCENDED FROM PEOPLE WHO6
WERE LIVING IN NORTH AMERICA PRIOR TO THE TIME PEOPLE FROM7
E
UROPE BEGAN SETTLING IN NORTH AMERICA, BEING AN ENROLLED8
MEMBER OF A FEDERALLY RECOGNIZED INDIAN TRIBE, OR BEING A LINEAL9
DESCENDANT OF A TRIBALLY ENROLLED PARENT OR GUARDIAN .10
(3) "I
NDIGENOUS-LED ORGANIZATION" MEANS AN ORGANIZATION11
OR ENTITY WHOSE BOARD OR DECISION -MAKING BODY MEMBERSHIP IS12
ENTIRELY INDIGENOUS AND WHOSE STAFF IS COMPRISED OF AT LEAST13
SEVENTY PERCENT INDIGENOUS PERSONS .14
(4) "M
ISSING OR MURDERED INDIGENOUS RELATIVE " MEANS ANY15
MISSING OR MURDERED INDIGENOUS PERSON .16
(5) "O
FFICE" MEANS THE OFFICE OF LIAISON FOR MISSING AND17
MURDERED INDIGENOUS RELATIVES ESTABLISHED IN SECTION18
24-33.5-2502.19
24-33.5-2502. Office of liaison for missing and murdered20
indigenous relatives - created - director - collaboration. (1) T
HERE IS21
CREATED IN THE DEPARTMENT THE OFFICE OF LIAISON FOR MISSING AND22
MURDERED INDIGENOUS RELATIVES TO WORK ON BEHALF OF THOSE WHO23
ARE MISSING OR MURDERED. THE OFFICE SHALL EXERCISE ITS POWERS AND24
PERFORM ITS DUTIES AND FUNCTIONS UNDER THE DEPARTMENT AS IF THE25
OFFICE WERE TRANSFERRED TO THE DEPARTMENT BY A TYPE 2 TRANSFER26
AS DEFINED IN SECTION 24-1-105.27
SB22-150
-4- (2) (a) THE EXECUTIVE DIRECTOR OF THE DEPARTMENT SHALL1
APPOINT THE DIRECTOR OF THE OFFICE PURSUANT TO SECTION 13 OF2
ARTICLE XII OF THE STATE CONSTITUTION. THE DIRECTOR OF THE OFFICE3
MUST BE A PERSON CLOSELY CONNECTED TO A TRIBE OR THE INDIGENOUS4
COMMUNITY AND WHO IS HIGHLY KNOWLEDGEABLE ABOUT CRIMINAL5
INVESTIGATIONS. THE EXECUTIVE DIRECTOR IS ENCOURAGED TO CONSIDER6
CANDIDATES FOR APPOINTMENT WHO ARE RECOMMENDED BY TRIBES AND7
INDIGENOUS COMMUNITIES.8
(b) T
HE DIRECTOR MAY APPOINT STAFF AS NECESSARY TO CARRY9
OUT THE DUTIES OF THE OFFICE. IN APPOINTING STAFF FOR THE OFFICE, THE10
DIRECTOR SHALL GIVE PREFERENCE TO THOSE WITH EXPERIENCE WORKING11
WITH INDIGENOUS PERSONS AND INDIAN TRIBES. THE DIRECTOR SHALL12
ENCOURAGE INDIGENOUS PERSONS TO APPLY FOR POSITIONS IN THE OFFICE .13
(3) I
N CARRYING OUT ITS DUTIES, THE OFFICE SHALL COLLABORATE14
WITH ANY RELEVANT ENTITIES, INCLUDING THE COLORADO COMMISSION15
OF INDIAN AFFAIRS, FEDERALLY RECOGNIZED TRIBES , INDIGENOUS-LED16
ORGANIZATIONS, TRIBAL AND LOCAL LAW ENFORCEMENT AGENCIES , THE17
C
OLORADO BUREAU OF INVESTIGATION , AND THE COLORADO STATE18
PATROL.19
24-33.5-2503. Office of liaison for missing and murdered20
indigenous relatives - duties - access to information - community21
advisory board. (1) A
T A MINIMUM, THE OFFICE SHALL:22
(a) F
ACILITATE TECHNICAL ASSISTANCE AND WORK WITH TRIBAL ,23
STATE, AND FEDERAL LAW ENFORCEMENT AGENCIES ON MISSING PERSONS24
INVESTIGATIONS AND HOMICIDE CASES INVOLVING INDIGENOUS VICTIMS ;25
(b) D
EVELOP A BEST PRACTICES PROTOCOL FOR LAW26
ENFORCEMENT RESPONSE TO REPORTS OF MISSING INDIGENOUS PEOPLE ;27
SB22-150
-5- (c) CONDUCT CASE REVIEWS AND REPORT ON THE RESULTS OF1
CASE REVIEWS FOR THE FOLLOWING TYPES OF MISSING OR MURDERED2
INDIGENOUS RELATIVES CASES:3
(I) C
OLD CASES FOR MISSING INDIGENOUS PEOPLE ; AND4
(II) D
EATH INVESTIGATION REVIEW FOR CASES OF INDIGENOUS5
PEOPLE RULED AS SUICIDE OR OVERDOSE UNDER SUSPICIOUS6
CIRCUMSTANCES;7
(d) I
N ORDER TO BETTER UNDERSTAND CAUSES OF CRIMES WITH A8
MISSING OR MURDERED INDIGENOUS VICTIM , CONDUCT CASE REVIEWS OF9
THE PROSECUTION AND SENTENCING FOR CASES WHEN A PERPETRATOR10
COMMITTED A VIOLENT OR EXPLOITATIVE CRIME AGAINST AN INDIGENOUS11
PERSON. THE CASE REVIEWS SHOULD IDENTIFY THOSE CASES WHEN THE12
PERPETRATOR IS A REPEAT OFFENDER .13
(e) D
EVELOP AND MAINTAIN COMMUNICATION WITH RELEVANT14
DIVISIONS IN THE DEPARTMENT REGARDING ANY CASES INVOLVING15
MISSING OR MURDERED INDIGENOUS RELATIVES AND REGARDING THE16
PROCEDURES FOR INVESTIGATING CASES INVOLVING MISSING OR17
MURDERED INDIGENOUS RELATIVES ;18
(f) U
PDATE TRIBAL LAW ENFORCEMENT AGENCIES ON THE STATUS19
OF CASES INVOLVING A MISSING OR MURDERED MEMBER OF THE TRIBE ;20
(g) C
OORDINATE, AS RELEVANT, WITH THE FEDERAL BUREAU OF21
I
NDIAN AFFAIRS' COLD CASE OFFICE ESTABLISHED AS PART OF ITS22
OPERATION LADY JUSTICE INITIATIVE , OTHER FEDERAL EFFORTS , AND23
EFFORTS IN NEIGHBORING STATES TO INVESTIGATE COLD CASES INVOLVING24
MISSING OR MURDERED INDIGENOUS RELATIVES . THIS SUBSECTION (1)(g)25
PERTAINS TO STATE AND FEDERAL INVESTIGATIVE EFFORTS . TRIBES ARE26
SOVEREIGN NATIONS THAT HAVE THE RIGHT TO DETERMINE IF AND HOW27
SB22-150
-6- THEY WILL COORDINATE ANY INVESTIGATIVE EFFORTS .1
(h) C
OORDINATE WITH OTHER STATE AND LOCAL OFFICES2
INCLUDING, BUT NOT LIMITED TO , AGENCY TRIBAL LIAISONS , THE3
C
OLORADO COMMISSION OF INDIAN AFFAIRS, AND COUNTY CORONERS TO4
DEVELOP TRAINING AND EDUCATION ON MISSING OR MURDERED5
INDIGENOUS PERSONS ISSUES AND THE GOVERNMENT -TO-GOVERNMENT6
RELATIONSHIP BETWEEN THE STATE AND TRIBES ;7
(i) W
ORK WITH THE PEACE OFFICER STANDARD AND TRAINING8
BOARD TO FACILITATE TRAINING FOR LAW ENFORCEMENT AND MEMBERS9
OF THE PUBLIC ON ISSUES RELATING TO MISSING OR MURDERED10
INDIGENOUS PERSONS;11
(j) D
EVELOP BEST PRACTICES FOR DATA ACCURACY AND12
PROCEDURES TO UPDATE RECORDS WHEN INDIGENOUS VICTIMS ARE13
INCORRECTLY IDENTIFIED IN REPORTS AND RECOMMEND POLICIES AND14
BEST PRACTICES FOR MAINTAINING ACCURATE DATA AND CORRECTING15
VICTIM IDENTITY INACCURACIES IN REPORTS TO RELEVANT TRIBAL , STATE,16
AND FEDERAL LAW ENFORCEMENT AGENCIES AND ANY OTHER RELEVANT17
GOVERNMENT AGENCIES ;18
(k) R
ECOMMEND TO THE HOUSE OF REPRESENTATIVES JUDICIARY19
COMMITTEE AND THE SENATE JUDICIARY COMMITTEE , OR THEIR20
SUCCESSOR COMMITTEES , AND ANY RELEVANT LAW ENFORCEMENT21
AGENCIES, LEGISLATIVE AND AGENCY ACTIONS TO ADDRESS INJUSTICE IN22
THE CRIMINAL JUSTICE SYSTEM'S RESPONSE TO THE CASES OF MISSING OR23
MURDERED INDIGENOUS RELATIVES ;24
(l) R
EVIEW SENTENCING RANGES FOR CRIMES RELATING TO25
MISSING OR MURDERED INDIGENOUS RELATIVES AND RECOMMEND TO THE26
HOUSE OF REPRESENTATIVES JUDICIARY COMMITTEE AND THE SENATE27
SB22-150
-7- JUDICIARY COMMITTEE , OR THEIR SUCCESSOR COMMITTEES , ANY1
NECESSARY CHANGES TO THE SENTENCING RANGES ;2
(m) D
EVELOP RECOMMENDATIONS AND FACILITATE TRAINING TO3
STRENGTHEN THE TRAUMA -INFORMED AND VICTIM-CENTERED RESPONSE4
OF LAW ENFORCEMENT , COURTS, AND THE HEALTH-CARE SYSTEM AS TO5
THE CAUSE OF VIOLENCE AGAINST INDIGENOUS SURVIVORS AND MAKE THE6
RECOMMENDATIONS AVAILABLE TO INTERESTED OR GANIZATIONS ,7
RELEVANT TRIBAL, STATE, AND FEDERAL LAW ENFORCEMENT AGENCIES ,8
AND ANY OTHER RELEVANT AGENCIES ;9
(n) A
SSIST FAMILIES, TRIBAL AGENCIES, AND NONGOVERNMENTAL10
ENTITIES IN USING THE NATIONAL MISSING AND UNIDENTIFIED PERSONS11
SYSTEM ADMINISTERED BY THE NATIONAL INSTITUTE OF JUSTICE WITHIN12
THE UNITED STATES DEPARTMENT OF JUSTICE, AND OTHER RESOURCES;13
(o) P
ROVIDE GUIDANCE TO FAMILIES OF INDIGENOUS VICTIMS ON14
HOW TO NAVIGATE STATE AND FEDERAL DISTRICT COURT CASES ;15
(p) I
NFORM INDIGENOUS COMMUNITY MEMBERS AND FAMILY16
MEMBERS ABOUT ACTIVE COMMUNITY -LED GRASSROOTS OR VOLUNTEER17
COLLABORATIONS THAT ARE ORGANIZING OR CONDUCTING SEARCH18
EFFORTS, SUPPORT GROUPS, OR OTHER SUPPORTIVE EFFORTS THAT ARE19
RELEVANT TO THE COMMUNITY 'S OR FAMILY MEMBER 'S MISSING OR20
MURDERED INDIGENOUS RELATIVE ; AND21
(q) C
ONSULT WITH INDIGENOUS-LED COMMUNITY ORGANIZATIONS22
THAT SERVE INDIGENOUS POPULATIONS TO PROMOTE , AND DEVELOP BEST23
PRACTICES FOR PROMOTING, COMMUNITY RELATIONS WITH INDIGENOUS24
POPULATIONS.25
(2) (a) N
OTWITHSTANDING ANY OTHER STATE LAW TO THE26
CONTRARY, BUT SUBJECT TO THE REQUIREMENTS OF APPLICABLE27
SB22-150
-8- PROVISIONS OF FEDERAL LAW , OFFICE PERSONNEL MAY INSPECT , HAVE1
ACCESS TO, AND OBTAIN INFORMATION FROM CRIMINAL JUSTICE RECORDS ,2
INCLUDING ANY CORRECTIONAL OR DETENTION RECORDS , AND ANY3
PERTINENT PATIENT MEDICAL, CORONER, AND LABORATORY RECORDS , IN4
THE CUSTODY OF ANY STATE OR LOCAL AGENCY THAT ARE RELEVANT AND5
NECESSARY FOR THE OFFICE TO PERFORM ITS DUTIES DESCRIBED IN THIS6
PART 25. OFFICE PERSONNEL MAY ONLY REVIEW AND INSPECT RECORDS AT7
REASONABLE TIMES AND WITH NOTICE THAT IS REASONABLE UNDER THE8
CIRCUMSTANCES. UNDER NO CIRCUMSTANCES MAY OFFICE PERSONNEL9
HAVE ACCESS PURSUANT TO THIS SUBSECTION (2) TO ANY CRIMINAL10
JUSTICE OR MEDICAL RECORD THAT IS NOT PERTINENT , RELEVANT, OR11
NECESSARY FOR THE OFFICE TO PERFORM ITS DUTIES DESCRIBED IN THIS12
PART 25.13
(b) A
NY RECORD INSPECTED, ACCESSED, OR OTHERWISE OBTAINED14
OR REVIEWED BY OFFICE PERSONNEL PURSUANT TO THIS SUBSECTION (2)15
IS STRICTLY CONFIDENTIAL. THE OFFICE SHALL NOT RELEASE, SHARE WITH16
ANY AGENCY OR INSTITUTION , OR MAKE PUBLIC THE REPORTS OR ANY17
INFORMATION CONTAINED IN THE REPORTS , EXCEPT AS FOLLOWS:18
(I) T
HE OFFICE MAY PUBLICLY RELEASE AGGREGATED19
INFORMATION IN A MANNER THAT DOES NOT IDENTIFY AN INDIVIDUAL20
PERSON AND DOES NOT RELEASE ANY INFORMATION THAT MAY BE LINKED21
TO ANY INDIVIDUAL;22
(II) T
HE OFFICE MAY RELEASE THE REPORT OR RECORD , OR23
INFORMATION LEARNED FROM THE REPORT OR RECORD , TO THE PERSON24
WHO IS THE SUBJECT OF THE RECORD OR REPORT OR TO THE PERSON 'S25
SPOUSE, PARENT, GRANDPARENT, STEPFATHER, STEPMOTHER, CHILD,26
GRANDCHILD, BROTHER, SISTER, HALF BROTHER, HALF SISTER, OR SPOUSE'S27
SB22-150
-9- PARENTS, INCLUDING ANY OF THOSE RELATIONSHIPS CREATED AS A RESULT1
OF ADOPTION;2
(III) T
HE OFFICE MAY RELEASE THE REPORT OR RECORD , OR3
INFORMATION LEARNED FROM THE REPORT OR RECORD , TO THE EXTENT4
NECESSARY FOR ANY INVESTIGATION OR PROSECUTION RELATED TO A5
MISSING OR MURDERED INDIGENOUS PERSON TO A FEDERAL , STATE, OR6
LOCAL LAW ENFORCEMENT AGENCY , INCLUDING THE FEDERAL BUREAU OF7
INVESTIGATION, OR ANY PROSECUTOR; AND8
(IV) I
F THE OFFICE IS ORDERED TO RELEASE THE REPORT OR9
RECORD PURSUANT TO A SEARCH WARRANT , SUBPOENA, OR OTHER COURT10
ORDER, THE OFFICE MAY RELEASE THE REPORT OR RECORD TO THE PERSON11
AND TO THE EXTENT ORDERED .12
(c) A
N OFFICER, EMPLOYEE, OR AGENT OF THE OFFICE WHO13
VIOLATES THIS SECTION BY RELEASING OR MAKING PUBLIC A14
CONFIDENTIAL REPORT OR RECORD OR CONFIDENTIAL INFORMATION15
LEARNED FROM A REPORT OR RECORD COMMITS A CLASS 2 MISDEMEANOR16
AND, UPON CONVICTION THEREOF, SHALL BE PUNISHED AS PROVIDED IN17
SECTION 18-1.3-501 (1).18
(3) (a) T
HERE IS ESTABLISHED IN THE OFFICE THE COMMUNITY19
VOLUNTEER ADVISORY BOARD TO IDENTIFY AND ADVISE THE OFFICE ON20
AREAS OF CONCERN REGARDING MISSING OR MURDERED INDIGENOUS21
RELATIVES AND ISSUES RELATING TO ORGANIZING OR CONDUCTING22
SEARCH EFFORTS, SUPPORT GROUPS, OR OTHER SUPPORTIVE EFFORTS23
RELATED TO MISSING OR MURDERED INDIGENOUS RELATIVES . THE24
ADVISORY BOARD SHALL MEET AT LEAST ONCE PER QUARTER IN STATE25
FISCAL YEAR 2022-23, AND BIANNUALLY THEREAFTER , AT DATES AND26
TIMES AS CALLED BY THE EXECUTIVE DIRECTOR . THE ADVISORY BOARD27
SB22-150
-10- MAY MEET ELECTRONICALLY .1
(b) T
HE ADVISORY BOARD IS COMPRISED OF THE FOLLOWING2
MEMBERS:3
(I) T
EN MEMBERS APPOINTED BY THE EXECUTIVE DIRECTOR , AS4
FOLLOWS:5
(A) O
NE REPRESENTATIVE OF AN INDIGENOUS-LED ORGANIZATION6
THAT PROVIDES ADVOCACY OR COUNSELING FOR INDIGENOUS VICTIMS OF7
VIOLENCE;8
(B) O
NE REPRESENTATIVE OF AN INDIGENOUS-LED ORGANIZATION9
THAT PROVIDES LEGAL SERVICES FOR INDIGENOUS VICTIMS OF VIOLENCE ;10
(C) O
NE REPRESENTATIVE OF AN INDIGENOUS-LED ORGANIZATION11
THAT PROVIDES HEALTH SERVICES TO INDIGENOUS VICTIMS OF VIOLENCE ;12
(D) O
NE REPRESENTATIVE OF A COMMUNITY -BASED13
ORGANIZATION THAT PROVIDES SERVICES TO AN URBAN INDIGENOUS14
COMMUNITY;15
(E) O
NE REPRESENTATIVE OF A COMMUNITY -BASED16
ORGANIZATION THAT PROVIDES SERVICES TO A RURAL INDIGENOUS17
COMMUNITY;18
(F) O
NE REPRESENTATIVE OF A COMMUNITY -BASED VICTIM19
ADVOCATE ORGANIZATION SERVING COLORADO'S INDIGENOUS20
POPULATION;21
(G) O
NE REPRESENTATIVE OF A NATIONAL ORGANIZATION THAT22
PROVIDES EDUCATION AND AWARENESS OF MISSING AND MURDERED23
INDIGENOUS RELATIVES; AND24
(H) T
HREE MEMBERS WHO ARE INDIGENOUS PEOPLE WHO HAVE25
BEEN VICTIMS OF VIOLENCE OR ARE A FAMILY MEMBER OF AN INDIGENOUS26
PERSON WHO HAS BEEN A VICTIM OF VIOLENCE ;27
SB22-150
-11- (II) ONE MEMBER WHO REPRESENTS THE UTE MOUNTAIN UTE1
T
RIBE, APPOINTED BY THE UTE MOUNTAIN UTE TRIBAL COUNCIL;2
(III) O
NE MEMBER WHO REPRESENTS THE SOUTHERN UTE INDIAN3
T
RIBE, APPOINTED BY THE SOUTHERN UTE TRIBAL COUNCIL;4
(IV) O
NE MEMBER WHO REPRESENTS THE UTE INDIAN TRIBE OF5
THE UINTAH AND OURAY RESERVATION, APPOINTED BY THE NORTHERN6
U
TE TRIBAL COUNCIL;7
(V) F
OUR MEMBERS WHO ARE EACH AN ENROLLED MEMBER OF A8
TRIBE WITH HISTORICAL TIES TO COLORADO, AS IDENTIFIED ON THE9
C
OLORADO TRIBAL CONTACTS LIST DEVELOPED BY HISTORY COLORADO10
IN PARTNERSHIP WITH THE COLORADO COMMISSION OF INDIAN AFFAIRS;11
(VI) T
WO MEMBERS WITH EXPERTISE IN LAW ENFORCEMENT ,12
APPOINTED BY THE EXECUTIVE DIRECTOR FROM ANY TWO OF THE13
FOLLOWING CATEGORIES:14
(A) A
PEACE OFFICER WHO WORKS OR RESIDES ON A FEDERALLY15
RECOGNIZED INDIAN TRIBE'S RESERVATION IN COLORADO;16
(B) A
SHERIFF FROM A COUNTY WITH A POPULATION OF FEWER17
THAN ONE HUNDRED THOUSAND PERSONS ;18
(C) A
SHERIFF FROM AN URBAN COUNTY ;19
(D) A
REPRESENTATIVE OF THE COLORADO STATE PATROL, WITH20
THE APPROVAL OF THE CHIEF OF THE STATE PATROL ; OR21
(E) A
REPRESENTATIVE OF THE COLORADO BUREAU OF22
INVESTIGATION, WITH THE APPROVAL OF THE DIRECTOR OF THE BUREAU ;23
AND24
(VII) T
WO MEMBERS, APPOINTED BY THE EXECUTIVE DIRECTOR ,25
WHO EACH REPRESENT ONE OF THE FOLLOWING :26
(A) T
HE ATTORNEY GENERAL 'S OFFICE, APPOINTED WITH THE27
SB22-150
-12- APPROVAL OF THE ATTORNEY GENERAL ;1
(B) T
HE JUDICIAL BRANCH, APPOINTED WITH THE APPROVAL OF2
THE STATE COURT ADMINISTRATOR ;3
(C) T
HE COLORADO COMMISSION OF INDIAN AFFAIRS, APPOINTED4
WITH THE APPROVAL OF THE COMMISSION 'S DIRECTOR;5
(D) C
ERTIFIED DEATH INVESTIGATORS, WHO MUST BE A DEATH6
INVESTIGATOR CERTIFIED BY THE STATE CORONERS ASSOCIATION ; OR7
(E) T
HE STATE DEPARTMENT OF HUMAN SERVICES , APPOINTED8
WITH THE APPROVAL OF THE EXECUTIVE DIRECTOR OF THE DEPARTMENT .9
(c) M
EMBERS SERVE AT THE PLEASURE OF THE APPOINTING10
AUTHORITY. ADVISORY BOARD MEMBERS SERVE WITHOUT COMPENSATION11
AND WITHOUT REIMBURSEMENT FOR EXPENSES . ADVISORY BOARD12
MEMBERS ARE NOT OFFICE PERSONNEL .13
24-33.5-2504. Gifts, grants, and donations. T
HE OFFICE MAY14
SEEK, ACCEPT, AND EXPEND GIFTS, GRANTS, OR DONATIONS FROM PRIVATE15
OR PUBLIC SOURCES FOR THE PURPOSES OF THIS PART 25.16
24-33.5- 2505. Information dashboard - report. (1) T
HE OFFICE17
SHALL PUBLISH ON ITS PUBLIC WEBSITE OR, IF THE OFFICE DOES NOT HAVE18
ITS OWN WEBSITE, THE DEPARTMENT'S PUBLIC WEBSITE, A DASHBOARD19
THAT DISPLAYS, IN AN INTERACTIVE, INTUITIVE, AND VISUAL MANNER ,20
INFORMATION REGARDING MISSING OR MURDERED INDIGENOUS PERSONS ,21
INCLUDING:22
(a) T
HE NUMBER OF CASES OF MISSING OR MURDERED INDIGENOUS23
RELATIVES;24
(b) T
HE TRIBAL AFFILIATION OF EACH MISSING OR MURDERED25
INDIGENOUS RELATIVE, TO THE EXTENT THAT PUBLISHING TRIBAL26
AFFILIATION DOES NOT IDENTIFY AN INDIVIDUAL PERSON ;27
SB22-150
-13- (c) GEOGRAPHIC INFORMATION REGARDING CASES OF MISSING OR1
MURDERED INDIGENOUS RELATIVES ;2
(d) T
HE RESULTS OF CASES OF MISSING OR MURDERED INDIGENOUS3
RELATIVES; FOR EXAMPLE, WHETHER THE PERSON IS FOUND AND WHETHER4
A PERPETRATOR HAS BEEN ARRESTED AND CHARGED IN THE CASE AND THE5
DISPOSITION OF THE CHARGES; AND6
(e) R
ESOURCES AVAILABLE FOR FAMILY MEMBERS OF MISSING OR7
MURDERED INDIGENOUS RELATIVES .8
(2) (a) O
N OR BEFORE DECEMBER 31, 2023, AND ON OR BEFORE9
D
ECEMBER 31 OF EACH YEAR THEREAFTER, THE OFFICE SHALL SUBMIT A10
REPORT ON MISSING OR MURDERED INDIGENOUS RELATIVES TO THE HOUSE11
OF REPRESENTATIVES JUDICIARY COMMITTEE AND THE SENATE JUDICIARY12
COMMITTEE, OR THEIR SUCCESSOR COMMITTEES , AND THE GOVERNOR'S13
OFFICE. THE OFFICE SHALL MAKE THE REPORT AVAILABLE TO THE PUBLIC14
ON ITS WEBSITE. THE REPORT MUST INCLUDE AN UPDATE ABOUT MISSING15
OR MURDERED INDIGENOUS RELATIVES IN COLORADO, INCLUDING THE16
INFORMATION INCLUDED IN THE DASHBOARD DESCRIBED IN SUBSECTION17
(1)
OF THIS SECTION; THE RECOMMENDATIONS FOR LEGISLATIVE AND18
GOVERNMENTAL AGENCY ACTIONS REQUIRED PURSUANT TO 24-33.5-250319
(1)
AND ANY OTHER RECOMMENDATIONS TO ADDRESS INJUSTICE IN THE20
CRIMINAL JUSTICE SYSTEM'S RESPONSE TO THE CASES OF MISSING OR21
MURDERED INDIGENOUS RELATIVES ; AND A SUMMARY OF THE OFFICE 'S22
WORK DURING THE YEAR.23
(b) N
OTWITHSTANDING SECTION 24-1-136 (11)(a)(I), THE24
REPORTING REQUIREMENT DESCRIBED IN THIS SUBSECTION (2) CONTINUES25
INDEFINITELY.26
SECTION 3. In Colorado Revised Statutes, add 24-31-319 as27
SB22-150
-14- follows:1
24-31-319. Training related to missing indigenous persons -2
development - basic and in-service training required. (1) T
HE3
P.O.S.T.
BOARD SHALL WORK WITH THE OFFICE OF LIAISON FOR MISSING4
AND MURDERED INDIGENOUS RELATIVES CREATED IN SECTION5
24-33.5-2502
TO DEVELOP AND FACILITATE TRAINING FOR PEACE OFFICERS6
ON ISSUES RELATING TO MISSING OR MURDERED INDIGENOUS PERSONS7
INVESTIGATIONS.8
(2) B
EGINNING JANUARY 1, 2023, THE BASIC ACADEMY9
CURRICULUM AND ANNUAL IN -SERVICE TRAINING PROGRAMS MUST10
INCLUDE TRAINING CONCERNING ISSUES RELATING TO MISSING OR11
MURDERED INDIGENOUS PERSONS .12
SECTION 4. In Colorado Revised Statutes, add 24-33.5-431 as13
follows:14
24-33.5-431. Missing indigenous persons - interagency15
cooperation - data repository - alert program - report - rules.16
(1) (a) T
HE BUREAU SHALL COOPERATE WITH THE OFFICE OF LIAISON FOR17
MISSING AND MURDERED INDIGENOUS RELATIVES ESTABLISHED IN SECTION18
24-33.5-2502
AND FEDERAL , STATE, TRIBAL, AND LOCAL LAW19
ENFORCEMENT AGENCIES FOR THE EFFICIENT INVESTIGATION OF MISSING20
OR MURDERED INDIGENOUS PEOPLE .21
(b) A
NY TIME THE BUREAU RECEIVES A REPORT OF A MISSING OR22
MURDERED INDIGENOUS RELATIVE , AS DEFINED IN SECTION 24-33.5-2501,23
WHO IS A MEMBER OF A FEDERALLY RECOGNIZED TRIBE , THE BUREAU24
SHALL, AS SOON AS PRACTICABLE, NOTIFY THE TRIBAL ENTITY OF THE25
REPORT.26
(2) (a) T
HE BUREAU IS THE CENTRAL REPOSITORY OF INFORMATION27
SB22-150
-15- AND SHALL OPERATE A CLEARINGHOUSE DATABASE ON MISSING1
INDIGENOUS PERSONS FROM COLORADO.2
(b) A
S A FUNCTION OF THE CENTRAL REPOSITORY , THE BUREAU3
SHALL PREPARE AND MAKE PUBLICLY AVAILABLE AN ANNUAL REPORT ON4
INFORMATION COMPILED FROM THE CLEARINGHOUSE DATABASE . THE5
REPORT MUST INCLUDE BIOGRAPHICAL INFORMATION COLLECTED ON6
MISSING PERSONS AND INCLUDE INFORMATION SUBMITTED BY FEDERAL ,7
STATE, TRIBAL, AND LOCAL LAW ENFORCEMENT AGENCIES .8
(c) T
HE BUREAU MAY MAKE PUBLICLY AVAILABLE INFORMATION9
ABOUT ONGOING MISSING PERSON INVESTIGATIONS TO AID IN THE10
EFFICIENT INVESTIGATION AND SWIFT RECOVERY OF MISSING PERSONS OR11
WHEN OTHERWISE IN THE PUBLIC INTEREST .12
(3) (a) I
N ORDER TO AID IN THE SAFE RECOVERY OF MISSING13
INDIGENOUS PERSONS , THE BUREAU SHALL OPERATE A MISSING14
INDIGENOUS PERSON ALERT PROGRAM . THE PROGRAM MUST BE A15
COORDINATED EFFORT AMONG THE BUREAU , LOCAL LAW ENFORCEMENT16
AGENCIES, FEDERALLY RECOGNIZED TRIBES , ANY GOVERNMENTAL17
AGENCY THAT MAY BE INVOLVED IN THE SEARCH AND RECOVERY OF A18
MISSING PERSON, AND THE STATE'S PUBLIC AND COMMERCIAL TELEVISION19
AND RADIO BROADCASTERS . THE BUREAU MAY OPERATE THE ALERT20
SYSTEM AS A PART OF ANY OTHER MISSING PERSON ALERT PROGRAM21
OPERATED BY THE BUREAU.22
(b) U
PON RECEIVING NOTICE OF A MISSING INDIGENOUS PERSON23
FROM A LAW ENFORCEMENT AGENCY PURSUANT TO SECTION 16-2.7-103,24
OR FROM ANY GOVERNMENTAL AGENCY THAT MAY BE INVOLVED IN THE25
SEARCH AND RECOVERY OF A MISSING PERSON , THE BUREAU SHALL26
CONFIRM THE ACCURACY OF THE INFORMATION AND THEN ISSUE AN27
SB22-150
-16- ALERT. THE ALERT MUST BE SENT TO DESIGNATED MEDIA OUTLETS IN1
C
OLORADO. PARTICIPATING RADIO STATIONS, TELEVISION STATIONS, AND2
OTHER MEDIA OUTLETS MAY ISSUE THE ALERT AT DESIGNATED INTERVALS3
AS SPECIFIED BY RULE. THE ALERT MUST INCLUDE ALL APPROPRIATE4
INFORMATION FROM THE LAW ENFORCEMENT AGENCY THAT MAY ASSIST5
IN THE SAFE RECOVERY OF THE MISSING PERSON AND A STATEMENT6
INSTRUCTING ANYONE WITH INFORMATION RELATED TO THE MISSING7
PERSON TO CONTACT A LOCAL LAW ENFORCEMENT AGENCY .8
(c) T
HE BUREAU SHALL CANCEL THE ALERT UPON NOTIFICATION9
THAT THE MISSING PERSON HAS BEEN FOUND OR AT THE END OF THE10
NOTIFICATION PERIOD, WHICHEVER OCCURS FIRST . A LOCAL LAW11
ENFORCEMENT AGENCY THAT LOCATES A MISSING PERSON WHO IS THE12
SUBJECT OF AN ALERT SHALL NOTIFY THE BUREAU AS SOON AS POSSIBLE13
THAT THE MISSING PERSON HAS BEEN LOCATED .14
(d) T
HE EXECUTIVE DIRECTOR OF THE DEPARTMENT SHALL15
PROMULGATE RULES IN ACCORDANCE WITH THE "STATE ADMINISTRATIVE16
P
ROCEDURE ACT", ARTICLE 4 OF THIS TITLE 24, FOR THE IMPLEMENTATION17
OF THE PROGRAM. THE RULES MUST INCLUDE:18
(I) T
HE PROCESS TO BE FOLLOWED BY THE BUREAU IN CONFIRMING19
THE LOCAL LAW ENFORCEMENT AGENCY 'S INFORMATION REGARDING A20
MISSING INDIGENOUS PERSON;21
(II) T
HE PROCESS FOR REPORTING THE INFORMATION TO THE22
FEDERAL COMMUNICATIONS COMMISSION 'S DESIGNATED STATE23
EMERGENCY ALERT SYSTEM BROADCASTER IN COLORADO; AND24
(III) A
NY ADDITIONAL PROCESSES NECESSARY FOR THE EFFECTIVE25
IMPLEMENTATION OF THE PROGRAM .26
(e) I
N ITS ANNUAL REPORT TO THE COMMI TTEES OF REFERENCE27
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-17- PURSUANT TO SECTION 2-7-203, THE DEPARTMENT SHALL REPORT THE1
NUMBER OF TIMES AND DATES WHEN THE ALERT SYSTEM WAS USED ; THE2
AGE AND GENDER OF EACH MISSING PERSON ; AND WHETHER THE ALERT3
SYSTEM ASSISTED IN LOCATING THE MISSING PERSON . NOTWITHSTANDING4
SUBSECTION 24-1-136 (11)(a)(I), THE REPORTING REQUIREMENT SET5
FORTH IN THIS SUBSECTION (3)(e) CONTINUES INDEFINITELY.6
SECTION 5. In Colorado Revised Statutes, 16-2.7-103, add (3)7
as follows:8
16-2.7-103. Missing person reports - response. (3) I
F THE9
MISSING PERSON IS AN INDIGENOUS PERSON, THE BEST COURSE OF ACTION10
FOR THE LAW ENFORCEMENT AGENCY INCLUDES APPROPRIATE11
COMMUNICATIONS WITH OTHER LAW ENFORCEMENT AGENCIES THAT MAY12
ASSIST IN LOCATING THE MISSING INDIGENOUS PERSON . ADDITIONALLY,13
THE LAW ENFORCEMENT AGENCY SHALL , WITHIN TWENTY-FOUR HOURS14
AFTER RECEIVING THE REPORT , NOTIFY THE COLORADO BUREAU OF15
INVESTIGATION.16
SECTION 6. Safety clause. The general assembly hereby finds,17
determines, and declares that this act is necessary for the immediate18
preservation of the public peace, health, or safety.19
SB22-150
-18-