Second Regular Session Seventy-third General Assembly STATE OF COLORADO REVISED This Version Includes All Amendments Adopted on Second Reading in the Second House LLS NO. 22-0005.01 Conrad Imel x2313 SENATE BILL 22-150 Senate Committees House Committees Judiciary State, Civic, Military, & Veterans Affairs Appropriations 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 HOUSE Amended 2nd Reading May 3, 2022 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, Minnesota,15 Washington, and Wyoming, have adopted legislation establishing entities16 to address issues related to violence against indigenous persons, including17 addressing jurisdictional and data-sharing barriers and a lack of best18 practices for law enforcement; 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, SPIRITUAL PRACTICES OR CEREMONIES6 PERTAINING TO HUMAN REMAINS OF AN INDIGENOUS PERSON, AND THE7 GOVERNMENT-TO-GOVERNMENT RELATIONSHIP BETWEEN THE STATE AND8 TRIBES;9 (i) W ORK WITH THE PEACE OFFICER STANDARD AND TRAINING10 BOARD TO FACILITATE TRAINING FOR LAW ENFORCEMENT AND MEMBERS11 OF THE PUBLIC ON ISSUES RELATING TO MISSING OR MURDERED12 INDIGENOUS PERSONS;13 (j) D EVELOP BEST PRACTICES FOR DATA ACCURACY AND14 PROCEDURES TO UPDATE RECORDS WHEN INDIGENOUS VICTIMS ARE15 INCORRECTLY IDENTIFIED IN REPORTS AND RECOMMEND POLICIES AND16 BEST PRACTICES FOR MAINTAINING ACCURATE DATA AND CORRECTING17 VICTIM IDENTITY INACCURACIES IN REPORTS TO RELEVANT TRIBAL , STATE,18 AND FEDERAL LAW ENFORCEMENT AGENCIES AND ANY OTHER RELEVANT19 GOVERNMENT AGENCIES ;20 (k) R ECOMMEND TO THE HOUSE OF REPRESENTATIVES JUDICIARY21 COMMITTEE AND THE SENATE JUDICIARY COMMITTEE , OR THEIR22 SUCCESSOR COMMITTEES , AND ANY RELEVANT LAW ENFORCEMENT23 AGENCIES, LEGISLATIVE AND AGENCY ACTIONS TO ADDRESS INJUSTICE IN24 THE CRIMINAL JUSTICE SYSTEM'S RESPONSE TO THE CASES OF MISSING OR25 MURDERED INDIGENOUS RELATIVES ;26 (l) R EVIEW SENTENCING RANGES FOR CRIMES RELATING TO27 150 -7- MISSING OR MURDERED INDIGENOUS RELATIVES AND RECOMMEND TO THE1 HOUSE OF REPRESENTATIVES JUDICIARY COMMITTEE AND THE SENATE2 JUDICIARY COMMITTEE , OR THEIR SUCCESSOR COMMITTEES , ANY3 NECESSARY CHANGES TO THE SENTENCING RANGES ;4 (m) D EVELOP RECOMMENDATIONS AND FACILITATE TRAINING TO5 STRENGTHEN THE TRAUMA -INFORMED AND VICTIM-CENTERED RESPONSE6 OF LAW ENFORCEMENT, COURTS, AND THE HEALTH-CARE SYSTEM AS TO7 THE CAUSE OF VIOLENCE AGAINST INDIGENOUS SURVIVORS AND MAKE THE8 RECOMMENDATIONS AVAILABLE TO INTERESTED ORGANIZATIONS ,9 RELEVANT TRIBAL, STATE, AND FEDERAL LAW ENFORCEMENT AGENCIES ,10 AND ANY OTHER RELEVANT AGENCIES ;11 (n) A SSIST FAMILIES, TRIBAL AGENCIES, AND NONGOVERNMENTAL12 ENTITIES IN USING THE NATIONAL MISSING AND UNIDENTIFIED PERSONS13 SYSTEM ADMINISTERED BY THE NATIONAL INSTITUTE OF JUSTICE WITHIN14 THE UNITED STATES DEPARTMENT OF JUSTICE, AND OTHER RESOURCES;15 (o) P ROVIDE GUIDANCE TO FAMILIES OF INDIGENOUS VICTIMS ON16 HOW TO NAVIGATE STATE AND FEDERAL DISTRICT COURT CASES ;17 (p) I NFORM INDIGENOUS COMMUNITY MEMBERS AND FAMILY18 MEMBERS ABOUT ACTIVE COMMUNITY -LED GRASSROOTS OR VOLUNTEER19 COLLABORATIONS THAT ARE ORGANIZING OR C ONDUCTING SEARCH20 EFFORTS, SUPPORT GROUPS, OR OTHER SUPPORTIVE EFFORTS THAT ARE21 RELEVANT TO THE COMMUNITY 'S OR FAMILY MEMBER 'S MISSING OR22 MURDERED INDIGENOUS RELATIVE ; AND23 (q) C ONSULT WITH INDIGENOUS-LED COMMUNITY ORGANIZATIONS24 THAT SERVE INDIGENOUS POPULATIONS TO PROMOTE , AND DEVELOP BEST25 PRACTICES FOR PROMOTING, COMMUNITY RELATIONS WITH INDIGENOUS26 POPULATIONS.27 150 -8- (2) (a) NOTWITHSTANDING ANY OTHER STATE LAW TO THE1 CONTRARY, BUT SUBJECT TO THE REQUIREMENTS OF APPLICABLE2 PROVISIONS OF FEDERAL LAW, OFFICE PERSONNEL MAY INSPECT , HAVE3 ACCESS TO, AND OBTAIN INFORMATION FROM CRIMINAL JUSTICE RECORDS ,4 INCLUDING ANY CORRECTIONAL OR DETENTION RECORDS , AND ANY5 PERTINENT PATIENT MEDICAL, CORONER, AND LABORATORY RECORDS , IN6 THE CUSTODY OF ANY STATE OR LOCAL AGENCY THAT ARE RELEVANT AND7 NECESSARY FOR THE OFFICE TO PERFORM ITS DUTIES DESCRIBED IN THIS8 PART 25. OFFICE PERSONNEL MAY ONLY REVIEW AND INSPECT RECORDS AT9 REASONABLE TIMES AND WITH NOTICE THAT IS REASONABLE UNDER THE10 CIRCUMSTANCES. UNDER NO CIRCUMSTANCES MAY OFFICE PERSONNEL11 HAVE ACCESS PURSUANT TO THIS SUBSECTION (2) TO ANY CRIMINAL12 JUSTICE OR MEDICAL RECORD THAT IS NOT PERTINENT , RELEVANT, OR13 NECESSARY FOR THE OFFICE TO PERFORM ITS DUTIES DESCRIBED IN THIS14 PART 25.15 (b) A NY RECORD INSPECTED, ACCESSED, OR OTHERWISE OBTAINED16 OR REVIEWED BY OFFICE PERSONNEL PURSUANT TO THIS SUBSECTION (2)17 IS STRICTLY CONFIDENTIAL. THE OFFICE SHALL NOT RELEASE, SHARE WITH18 ANY AGENCY OR INSTITUTION , OR MAKE PUBLIC THE REPORTS OR ANY19 INFORMATION CONTAINED IN THE REPORTS , EXCEPT AS FOLLOWS:20 (I) T HE OFFICE MAY PUBLICLY RELEASE AGGREGATED21 INFORMATION IN A MANNER THAT DOES NOT IDENTIFY AN INDIVIDUAL22 PERSON AND DOES NOT RELEASE ANY INFORMATION THAT MAY BE LINKED23 TO ANY INDIVIDUAL;24 (II) T HE OFFICE MAY RELEASE THE REPORT OR RECORD , OR25 INFORMATION LEARNED FROM THE REPORT OR RECORD , TO THE PERSON26 WHO IS THE SUBJECT OF THE REPORT OR RECORD;27 150 -9- (III) THE OFFICE MAY RELEASE A REPORT OR RECORD RELATED TO1 A PERSON WHO HAS BEEN MISSING FOR FIVE YEARS OR MORE, OR A PERSON2 WHO HAS DIED AND THE OFFICE HAS CONFIRMED THE DEATH , OR3 INFORMATION LEARNED FROM THE REPORT OR RECORD, TO THE4 FOLLOWING PEOPLE WHO ARE RELATED TO THE PERSON WHO IS THE5 SUBJECT OF THE REPORT OR RECORD: THE PERSON'S SPOUSE, PARENT,6 GRANDPARENT, STEPFATHER, STEPMOTHER, CHILD, GRANDCHILD,7 BROTHER, SISTER, HALF BROTHER, HALF SISTER, OR SPOUSE'S PARENTS,8 INCLUDING ANY OF THOSE RELATIONSHIPS CREATED AS A RESULT OF9 ADOPTION;10 (IV) THE OFFICE MAY RELEASE THE REPORT OR RECORD , OR11 INFORMATION LEARNED FROM THE REPORT OR RECORD , TO THE EXTENT12 NECESSARY FOR ANY INVESTIGATION OR PROSECUTION RELATED TO A13 MISSING OR MURDERED INDIGENOUS PERSON TO A FEDERAL , STATE, OR14 LOCAL LAW ENFORCEMENT AGENCY , INCLUDING THE FEDERAL BUREAU OF15 INVESTIGATION, OR ANY PROSECUTOR; AND16 (V) IF THE OFFICE IS ORDERED TO RELEASE THE REPORT OR RECORD17 PURSUANT TO A SEARCH WARRANT , SUBPOENA, OR OTHER COURT ORDER,18 THE OFFICE MAY RELEASE THE REPORT OR RECORD TO THE PERSON AND TO19 THE EXTENT ORDERED.20 (c) A N OFFICER, EMPLOYEE, OR AGENT OF THE OFFICE WHO21 VIOLATES THIS SECTION BY RELEASING OR MAKING PUBLIC A22 CONFIDENTIAL REPORT OR RECORD OR CONFIDENTIAL INFORMATION23 LEARNED FROM A REPORT OR RECORD COMMITS A CLASS 2 MISDEMEANOR24 AND, UPON CONVICTION THEREOF, SHALL BE PUNISHED AS PROVIDED IN25 SECTION 18-1.3-501 (1).26 (3) (a) T HERE IS ESTABLISHED IN THE OFFICE THE COMMUNITY27 150 -10- VOLUNTEER ADVISORY BOARD TO IDENTIFY AND ADVISE THE OFFICE ON1 AREAS OF CONCERN REGARDING MISSING OR MURDERED INDIGENOUS2 RELATIVES AND ISSUES RELATING TO ORGANIZING OR CONDUCTING3 SEARCH EFFORTS, SUPPORT GROUPS, OR OTHER SUPPORTIVE EFFORTS4 RELATED TO MISSING OR MURDERED INDIGENOUS RELATIVES . THE5 ADVISORY BOARD SHALL MEET AT LEAST ONCE PER QUARTER IN STATE6 FISCAL YEAR 2022-23, AND BIANNUALLY THEREAFTER , AT DATES AND7 TIMES AS CALLED BY THE EXECUTIVE DIRECTOR . THE ADVISORY BOARD8 MAY MEET ELECTRONICALLY .9 (b) T HE ADVISORY BOARD IS COMPRISED OF THE FOLLOWING10 MEMBERS:11 (I) T EN MEMBERS APPOINTED BY THE EXECUTIVE DIRECTOR , AS12 FOLLOWS:13 (A) O NE REPRESENTATIVE OF AN INDIGENOUS-LED ORGANIZATION14 THAT PROVIDES ADVOCACY OR COUNSELING FOR INDIGENOUS VICTIMS OF15 VIOLENCE;16 (B) O NE REPRESENTATIVE OF AN INDIGENOUS-LED ORGANIZATION17 THAT PROVIDES LEGAL SERVICES FOR INDIGENOUS VICTIMS OF VIOLENCE ;18 (C) O NE REPRESENTATIVE OF AN INDIGENOUS-LED ORGANIZATION19 THAT PROVIDES HEALTH SERVICES TO INDIGENOUS VICTIMS OF VIOLENCE ;20 (D) O NE REPRESENTATIVE OF A COMMUNITY -BASED21 ORGANIZATION THAT PROVIDES SERVICES TO AN URBAN INDIGENOUS22 COMMUNITY;23 (E) O NE REPRESENTATIVE OF A COMMUNITY -BASED24 ORGANIZATION THAT PROVIDES SERVICES TO A RURAL INDIGENOUS25 COMMUNITY;26 (F) O NE REPRESENTATIVE OF A COMMUNITY -BASED VICTIM27 150 -11- ADVOCATE ORGANIZATION SERVING COLORADO'S INDIGENOUS1 POPULATION;2 (G) O NE REPRESENTATIVE OF A NATIONAL ORGANIZATION THAT3 PROVIDES EDUCATION AND AWARENESS OF MISSING AND MURDERED4 INDIGENOUS RELATIVES; AND5 (H) T HREE MEMBERS WHO ARE INDIGENOUS PEOPLE WHO HAVE6 BEEN VICTIMS OF VIOLENCE OR ARE A FAMILY MEMBER OF AN INDIGENOUS7 PERSON WHO HAS BEEN A VICTIM OF VIOLENCE ;8 (II) O NE MEMBER WHO REPRESENTS THE UTE MOUNTAIN UTE9 T RIBE, APPOINTED BY THE UTE MOUNTAIN UTE TRIBAL COUNCIL;10 (III) O NE MEMBER WHO REPRESENTS THE SOUTHERN UTE INDIAN11 T RIBE, APPOINTED BY THE SOUTHERN UTE TRIBAL COUNCIL;12 (IV) O NE MEMBER WHO REPRESENTS THE UTE INDIAN TRIBE OF13 THE UINTAH AND OURAY RESERVATION, APPOINTED BY THE NORTHERN14 U TE TRIBAL COUNCIL;15 (V) F OUR MEMBERS WHO ARE EACH AN ENROLLED MEMBER OF A16 TRIBE WITH HISTORICAL TIES TO COLORADO, AS IDENTIFIED ON THE17 C OLORADO TRIBAL CONTACTS LIST DEVELOPED BY HISTORY COLORADO18 IN PARTNERSHIP WITH THE COLORADO COMMISSION OF INDIAN AFFAIRS;19 (VI) T WO MEMBERS WITH EXPERTISE IN LAW ENFORCEMENT ,20 APPOINTED BY THE EXECUTIVE DIRECTOR FROM ANY TWO OF THE21 FOLLOWING CATEGORIES:22 (A) A PEACE OFFICER WHO WORKS OR RESIDES ON A FEDERALLY23 RECOGNIZED INDIAN TRIBE'S RESERVATION IN COLORADO;24 (B) A SHERIFF FROM A COUNTY WITH A POPULATION OF FEWER25 THAN ONE HUNDRED THOUSAND PERSONS ;26 (C) A SHERIFF FROM AN URBAN COUNTY ;27 150 -12- (D) A REPRESENTATIVE OF THE COLORADO STATE PATROL, WITH1 THE APPROVAL OF THE CHIEF OF THE STATE PATROL ; OR2 (E) A REPRESENTATIVE OF THE COLORADO BUREAU OF3 INVESTIGATION, WITH THE APPROVAL OF THE DIRECTOR OF THE BUREAU ;4 AND5 (VII) T WO MEMBERS, APPOINTED BY THE EXECUTIVE DIRECTOR ,6 WHO EACH REPRESENT ONE OF THE FOLLOWING :7 (A) T HE ATTORNEY GENERAL 'S OFFICE, APPOINTED WITH THE8 APPROVAL OF THE ATTORNEY GENERAL ;9 (B) T HE JUDICIAL BRANCH, APPOINTED WITH THE APPROVAL OF10 THE STATE COURT ADMINISTRATOR ;11 (C) T HE COLORADO COMMISSION OF INDIAN AFFAIRS, APPOINTED12 WITH THE APPROVAL OF THE COMMISSION 'S DIRECTOR;13 (D) C ERTIFIED DEATH INVESTIGATORS, WHO MUST BE A DEATH14 INVESTIGATOR CERTIFIED BY THE STATE CORONERS ASSOCIATION ; OR15 (E) T HE STATE DEPARTMENT OF HUMAN SERVICES , APPOINTED16 WITH THE APPROVAL OF THE EXECUTIVE DIRECTOR OF THE DEPARTMENT .17 (c) M EMBERS SERVE AT THE PLEASURE OF THE APPOINTING18 AUTHORITY. ADVISORY BOARD MEMBERS SERVE WITHOUT COMPENSATION19 AND WITHOUT REIMBURSEMENT FOR EXPENSES . ADVISORY BOARD20 MEMBERS ARE NOT OFFICE PERSONNEL .21 24-33.5-2504. Gifts, grants, and donations. T HE OFFICE MAY22 SEEK, ACCEPT, AND EXPEND GIFTS, GRANTS, OR DONATIONS FROM PRIVATE23 OR PUBLIC SOURCES FOR THE PURPOSES OF THIS PART 25.24 24-33.5- 2505. Information dashboard - report. (1) T HE OFFICE25 SHALL PUBLISH ON ITS PUBLIC WEBSITE OR, IF THE OFFICE DOES NOT HAVE26 ITS OWN WEBSITE, THE DEPARTMENT'S PUBLIC WEBSITE, A DASHBOARD27 150 -13- THAT DISPLAYS, IN AN INTERACTIVE, INTUITIVE, AND VISUAL MANNER,1 INFORMATION REGARDING MISSING OR MURDERED INDIGENOUS PERSONS ,2 INCLUDING:3 (a) T HE NUMBER OF CASES OF MISSING OR MURDERED INDIGENOUS4 RELATIVES;5 (b) T HE TRIBAL AFFILIATION OF EACH MISSING OR MURDERED6 INDIGENOUS RELATIVE, TO THE EXTENT THAT PUBLISHING TRIBAL7 AFFILIATION DOES NOT IDENTIFY AN INDIVIDUAL PERSON ;8 (c) G EOGRAPHIC INFORMATION REGARDING CASES OF MISSING OR9 MURDERED INDIGENOUS RELATIVES ;10 (d) T HE RESULTS OF CASES OF MISSING OR MURDERED INDIGENOUS11 RELATIVES; FOR EXAMPLE, WHETHER THE PERSON IS FOUND AND WHETHER12 A PERPETRATOR HAS BEEN ARRESTED AND CHARGED IN THE CASE AND THE13 DISPOSITION OF THE CHARGES; AND14 (e) R ESOURCES AVAILABLE FOR FAMILY MEMBERS OF MISSING OR15 MURDERED INDIGENOUS RELATIVES .16 (2) (a) O N OR BEFORE DECEMBER 31, 2023, AND ON OR BEFORE17 D ECEMBER 31 OF EACH YEAR THEREAFTER, THE OFFICE SHALL SUBMIT A18 REPORT ON MISSING OR MURDERED INDIGENOUS RELATIVES TO THE HOUSE19 OF REPRESENTATIVES JUDICIARY COMMITTEE AND THE SENATE JUDICIARY20 COMMITTEE, OR THEIR SUCCESSOR COMMITTEES , AND THE GOVERNOR'S21 OFFICE. THE OFFICE SHALL MAKE THE REPORT AVAILABLE TO THE PUBLIC22 ON ITS WEBSITE. THE REPORT MUST INCLUDE AN UPDATE ABOUT MISSING23 OR MURDERED INDIGENOUS RELATIVES IN COLORADO, INCLUDING THE24 INFORMATION INCLUDED IN THE DASHBOARD DESCRIBED IN SUBSECTION25 (1) OF THIS SECTION; THE RECOMMENDATIONS FOR LEGISLATIVE AND26 GOVERNMENTAL AGENCY ACTIONS REQUIRED PURS UANT TO 24-33.5-250327 150 -14- (1) AND ANY OTHER RECOMMENDATIONS TO ADDRESS INJUSTICE IN THE1 CRIMINAL JUSTICE SYSTEM'S RESPONSE TO THE CASES OF MISSING OR2 MURDERED INDIGENOUS RELATIVES ; AND A SUMMARY OF THE OFFICE 'S3 WORK DURING THE YEAR.4 (b) N OTWITHSTANDING SECTION 24-1-136 (11)(a)(I), THE5 REPORTING REQUIREMENT DESCRIBED IN THIS SUBSECTION (2) CONTINUES6 INDEFINITELY.7 SECTION 3. In Colorado Revised Statutes, add 24-31-319 as8 follows:9 24-31-319. Training related to missing indigenous persons -10 development - basic and in-service training required. (1) T HE11 P.O.S.T. BOARD SHALL WORK WITH THE OFFICE OF LIAISON FOR MISSING12 AND MURDERED INDIGENOUS RELATIVES CREATED IN SECTION13 24-33.5-2502 TO DEVELOP AND FACILITATE TRAINING FOR PEACE OFFICERS14 ON ISSUES RELATING TO MISSING OR MURDERED INDIGENOUS PERSONS15 INVESTIGATIONS.16 (2) B EGINNING JANUARY 1, 2023, THE BASIC ACADEMY17 CURRICULUM AND ANNUAL IN -SERVICE TRAINING PROGRAMS MUST18 INCLUDE TRAINING CONCERNING ISSUES RELATING TO MISSING OR19 MURDERED INDIGENOUS PERSONS .20 SECTION 4. In Colorado Revised Statutes, add 24-33.5-431 as21 follows:22 24-33.5-431. Missing indigenous persons - interagency23 cooperation - data repository - alert program - report - rules.24 (1) (a) T HE BUREAU SHALL COOPERATE WITH THE OFFICE OF LIAISON FOR25 MISSING AND MURDERED INDIGENOUS RELATIVES ESTABLISHED IN SECTION26 24-33.5-2502 AND FEDERAL , STATE, TRIBAL, AND LOCAL LAW27 150 -15- ENFORCEMENT AGENCIES FOR THE EFFICIENT INVESTIGATION OF MISSING1 OR MURDERED INDIGENOUS PEOPLE .2 (b) A NY TIME THE BUREAU RECEIVES A REPORT OF A MISSING OR3 MURDERED INDIGENOUS RELATIVE , AS DEFINED IN SECTION 24-33.5-2501,4 WHO IS A MEMBER OF A FEDERALLY RECOGNIZED TRIBE , THE BUREAU5 SHALL, AS SOON AS PRACTICABLE, NOTIFY THE TRIBAL ENTITY OF THE6 REPORT.7 (2) (a) T HE BUREAU IS THE CENTRAL REPOSITORY OF INFORMATION8 AND SHALL OPERATE A CLEARINGHOUSE DATABASE ON MISSING9 INDIGENOUS PERSONS FROM COLORADO.10 (b) A S A FUNCTION OF THE CENTRAL REPOSITORY , THE BUREAU11 SHALL PREPARE AND MAKE PUBLICLY AVAILABLE AN ANNUAL REPORT ON12 INFORMATION COMPILED FROM THE CLEARINGHOUSE DATABASE . THE13 REPORT MUST INCLUDE BIOGRAPHICAL INFORMATION COLLECTED ON14 MISSING PERSONS AND INCLUDE INFORMATION SUBMITTED BY FEDERAL ,15 STATE, TRIBAL, AND LOCAL LAW ENFORCEMENT AGENCIES .16 (c) T HE BUREAU MAY MAKE PUBLICLY AVAILABLE INFORMATION17 ABOUT ONGOING MISSING PERSON INVESTIGATIONS TO AID IN THE18 EFFICIENT INVESTIGATION AND SWIFT RECOVERY OF MISSING PERSONS OR19 WHEN OTHERWISE IN THE PUBLIC INTEREST .20 (3) (a) I N ORDER TO AID IN THE SAFE RECOVERY OF MISSING21 INDIGENOUS PERSONS, THE BUREAU SHALL OPERATE A MISSING22 INDIGENOUS PERSON ALERT PROGRAM . THE PROGRAM MUST BE A23 COORDINATED EFFORT AMONG THE BUREAU , LOCAL LAW ENFORCEMENT24 AGENCIES, FEDERALLY RECOGNIZED TRIBES , ANY GOVERNMENTAL25 AGENCY THAT MAY BE INVOLVED IN THE SEARCH AND RECOVERY OF A26 MISSING PERSON, AND THE STATE'S PUBLIC AND COMMERCIAL TELEVISION27 150 -16- AND RADIO BROADCASTERS . THE BUREAU MAY OPERATE THE ALERT1 SYSTEM AS A PART OF ANY OTHER MISSING PERSON ALERT PROGRAM2 OPERATED BY THE BUREAU.3 (b) U PON RECEIVING NOTICE OF A MISSING INDIGENOUS PERSON4 FROM A LAW ENFORCEMENT AGENCY PURSUANT TO SECTION 16-2.7-103,5 OR FROM ANY GOVERNMENTAL AGENCY THAT MAY BE INVOLVED IN THE6 SEARCH AND RECOVERY OF A MISSING PERSON , THE BUREAU SHALL7 CONFIRM THE ACCURACY OF THE INFORMATION AND THEN ISSUE AN8 ALERT. THE ALERT MUST BE SENT TO DESIGNATED MEDIA OUTLETS IN9 C OLORADO. PARTICIPATING RADIO STATIONS, TELEVISION STATIONS, AND10 OTHER MEDIA OUTLETS MAY ISSUE THE ALERT AT DESIGNATED INTERVALS11 AS SPECIFIED BY RULE. THE ALERT MUST INCLUDE ALL APPROPRIATE12 INFORMATION FROM THE LAW ENFORCEMENT AGENCY THAT MAY ASSIST13 IN THE SAFE RECOVERY OF THE MISSING PERSON AND A STATEMENT14 INSTRUCTING ANYONE WITH INFORMATION RELATED TO THE MISSING15 PERSON TO CONTACT A LOCAL LAW ENFORCEMENT AGENCY .16 (c) T HE BUREAU SHALL CANCEL THE ALERT UPON NOTIFICATION17 THAT THE MISSING PERSON HAS BEEN FOUND OR AT THE END OF THE18 NOTIFICATION PERIOD, WHICHEVER OCCURS FIRST . A LOCAL LAW19 ENFORCEMENT AGENCY THAT LOCATES A MISSING PERSON WHO IS THE20 SUBJECT OF AN ALERT SHALL NOTIFY THE BUREAU AS SOON AS POSSIBLE21 THAT THE MISSING PERSON HAS BEEN LOCATED .22 (d) T HE EXECUTIVE DIRECTOR OF THE DEPARTMENT SHALL23 PROMULGATE RULES IN ACCORDANCE WITH THE "STATE ADMINISTRATIVE24 P ROCEDURE ACT", ARTICLE 4 OF THIS TITLE 24, FOR THE IMPLEMENTATION25 OF THE PROGRAM. THE RULES MUST INCLUDE:26 (I) T HE PROCESS TO BE FOLLOWED BY THE BUREAU IN CONFIRMING27 150 -17- THE LOCAL LAW ENFORCEMENT AGENCY 'S INFORMATION REGARDING A1 MISSING INDIGENOUS PERSON;2 (II) T HE PROCESS FOR REPORTING THE INFORMATION TO THE3 FEDERAL COMMUNICATIONS COMMISSION 'S DESIGNATED STATE4 EMERGENCY ALERT SYSTEM BROADCASTER IN COLORADO; AND5 (III) A NY ADDITIONAL PROCESSES NECESSARY FOR THE EFFECTIVE6 IMPLEMENTATION OF THE PROGRAM .7 (e) I N ITS ANNUAL REPORT TO THE COMMITTEES OF REFERENCE8 PURSUANT TO SECTION 2-7-203, THE DEPARTMENT SHALL REPORT THE9 NUMBER OF TIMES AND DATES WHEN THE ALERT SYSTEM WAS USED ; THE10 AGE AND GENDER OF EACH MISSING PERSON ; AND WHETHER THE ALERT11 SYSTEM ASSISTED IN LOCATING THE MISSING PERSON . NOTWITHSTANDING12 SUBSECTION 24-1-136 (11)(a)(I), THE REPORTING REQUIREMENT SET13 FORTH IN THIS SUBSECTION (3)(e) CONTINUES INDEFINITELY.14 SECTION 5. In Colorado Revised Statutes, 16-2.7-103, add (3)15 as follows:16 16-2.7-103. Missing person reports - response. (3) I F THE17 MISSING PERSON IS AN INDIGENOUS PERSON, THE BEST COURSE OF ACTION18 FOR THE LAW ENFORCEMENT AGENCY INCLUDES APPROPRIATE19 COMMUNICATIONS WITH OTHER LAW ENFORCEMENT AGENCIES THAT MAY20 ASSIST IN LOCATING THE MISSING INDIGENOUS PERSON . ADDITIONALLY,21 THE LAW ENFORCEMENT AGENCY SHALL , WITHIN EIGHT HOURS AFTER 22 RECEIVING A REPORT OF A MISSING ADULT OR WITHIN TWO HOURS OF23 RECEIVING A REPORT OF A MISSING CHILD, NOTIFY THE COLORADO BUREAU24 OF INVESTIGATION.25 SECTION 6. Appropriation. (1) For the 2022-23 state fiscal26 year, $497,250 is appropriated to the department of public safety. This27 150 -18- appropriation is from the general fund. To implement this act, the1 department may use this appropriation as follows:2 (a) $15,982 for use by the executive director's office for vehicle3 lease payments;4 (b) $372,798 for use by the Colorado bureau of investigation for5 personal services related to laboratory and investigative services, which6 amount is based on an assumption that the bureau will require an7 additional 4.5 FTE;8 (c) $93,590 for use by the Colorado bureau of investigation for9 operating expenses related to laboratory and investigative services; and10 (d) $14,880 for use by the Colorado bureau of investigation for11 overtime related to laboratory and investigative services.12 (2) For the 2022-23 state fiscal year, $15,982 is appropriated to13 the department of personnel. This appropriation is from reappropriated14 funds received from the department of public safety under subsection15 (1)(a) of this section. To implement this act, the department of personnel16 may use this appropriation to provide fleet vehicles for the department of17 public safety.18 SECTION 7. Safety clause. The general assembly hereby finds,19 determines, and declares that this act is necessary for the immediate20 preservation of the public peace, health, or safety.21 150 -19-