Second Regular Session Seventy-third General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction LLS NO. 22-0005.01 Conrad Imel x2313 SENATE BILL 22-150 Senate Committees House Committees Judiciary Appropriations 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 AND MAKING AN APPROPRIATION . 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 3rd Reading Unamended April 22, 2022 SENATE Amended 2nd Reading April 21, 2022 SENATE SPONSORSHIP Danielson, Buckner, Coleman, Donovan, Fenberg, Ginal, Gonzales, Hansen, Hinrichsen, Jaquez Lewis, Kolker, Lee, Moreno, Pettersen, Rodriguez, Story, Winter, Zenzinger 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 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 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 24-1-105.27 150 -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 ;27 150 -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 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 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 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 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 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 ;27 150 -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 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 ;27 150 -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 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 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 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 150 -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 EIGHT HOURS AFTER 14 RECEIVING A REPORT OF A MISSING ADULT OR WITHIN TWO HOURS OF15 RECEIVING A REPORT OF A MISSING CHILD, NOTIFY THE COLORADO BUREAU16 OF INVESTIGATION.17 SECTION 6. Appropriation. (1) For the 2022-23 state fiscal18 year, $497,250 is appropriated to the department of public safety. This19 appropriation is from the general fund. To implement this act, the20 department may use this appropriation as follows:21 (a) $15,982 for use by the executive director's office for vehicle22 lease payments;23 (b) $372,798 for use by the Colorado bureau of investigation for24 personal services related to laboratory and investigative services, which25 amount is based on an assumption that the bureau will require an26 additional 4.5 FTE;27 150 -18- (c) $93,590 for use by the Colorado bureau of investigation for1 operating expenses related to laboratory and investigative services; and2 (d) $14,880 for use by the Colorado bureau of investigation for3 overtime related to laboratory and investigative services.4 (2) For the 2022-23 state fiscal year, $15,982 is appropriated to5 the department of personnel. This appropriation is from reappropriated6 funds received from the department of public safety under subsection7 (1)(a) of this section. To implement this act, the department of personnel8 may use this appropriation to provide fleet vehicles for the department of9 public safety.10 SECTION 7. Safety clause. The general assembly hereby finds,11 determines, and declares that this act is necessary for the immediate12 preservation of the public peace, health, or safety.13 150 -19-