SENATE BILL 22-150
BY SENATOR(S) Danielson, Buckner, Coleman, Donovan, Fields, Ginal,
Gonzales, Hansen, Hinrichsen, Jaquez Lewis, Kolker, Lee, Moreno,
Pettersen, Priola, Rodriguez, Story, Winter, Zenzinger, Fenberg;
also REPRESENTATIVE(S) Duran and Herod, Amabile, Bacon,
Benavidez, Bernett, Bird, Boesenecker, Caraveo, Cutter, Daugherty, Esgar,
Exum, Froelich, Gonzales-Gutierrez, Hooton, Jodeh, Kipp, Lindsay,
Lontine, McCluskie, McCormick, McLachlan, Michaelson Jenet, Mullica,
Ortiz, Sirota, Snyder, Sullivan, Titone, Valdez A., Valdez D., Woodrow,
Garnett
.
C
ONCERNING RESPONDING TO THE MISSING INDIGENOUS PERSONS CRISIS ,
AND, IN CONNECTION THEREWITH , ESTABLISHING THE OFFICE OF
LIAISON FOR MISSING AND MURDERED INDIGENOUS RELATIVES AND
MAKING AN APPROPRIATION
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Legislative declaration. (1) The general assembly
finds and declares that:
(a) Sixty-one percent of American Indian and Alaska native women
have been assaulted in their lifetimes;
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. (b) Compared to all other races, American Indians and Alaska
natives are two and one-half times more likely to experience violent crimes
and at least two times more likely to experience rape or sexual assault
crimes;
(c) Jurisdictional issues and data-sharing barriers between
intergovernmental agencies and tribal governments result in confusing
reporting mechanisms for those whose relatives are missing or murdered
and very limited data about those missing or murdered indigenous relatives;
(d) It is necessary to develop and promote best practices and training
for:
(I) Promoting community relations with indigenous populations;
(II) Law enforcement's response to indigenous persons who report
missing relatives; and
(III) Data collection relating to reports of missing or murdered
indigenous relatives;
(e) Other states, including Montana, Oklahoma, Minnesota,
Washington, and Wyoming, have adopted legislation establishing entities
to address issues related to violence against indigenous persons, including
addressing jurisdictional and data-sharing barriers and a lack of best
practices for law enforcement; and
(f) Colorado can best serve and seek justice for indigenous persons
who have been the victims of violence by establishing an office to serve as
a liaison on behalf of missing or murdered indigenous relatives.
SECTION 2. In Colorado Revised Statutes, add part 26 to article
33.5 of title 24 as follows:
PART 26
MISSING AND MURDERED INDIGENOUS RELATIVES
24-33.5-2601. Definitions. A
S USED IN THIS PART 26, UNLESS THE
PAGE 2-SENATE BILL 22-150 CONTEXT OTHERWISE REQUIRES :
(1) "D
IRECTOR" MEANS THE DIRECTOR OF THE OFFICE, APPOINTED
PURSUANT TO SECTION
24-33.5-2603 (2).
(2) "I
NDIGENOUS" MEANS HAVING DESCENDED FROM PEOPLE WHO
WERE LIVING IN
NORTH AMERICA PRIOR TO THE TIME PEOPLE FROM EUROPE
BEGAN SETTLING IN
NORTH AMERICA, BEING AN ENROLLED MEMBER OF A
FEDERALLY RECOGNIZED
INDIAN TRIBE, OR BEING A LINEAL DESCENDANT OF
A TRIBALLY ENROLLED PARENT OR GUARDIAN
.
(3) "I
NDIGENOUS-LED ORGANIZATION" MEANS AN ORGANIZATION OR
ENTITY WHOSE BOARD OR DECISION
-MAKING BODY MEMBERSHIP IS ENTIRELY
INDIGENOUS AND WHOSE STAFF IS COMPRISED OF AT LEAST SEVENTY
PERCENT INDIGENOUS PERSONS
.
(4) "M
ISSING OR MURDERED INDIGENOUS RELATIVE " MEANS ANY
MISSING OR MURDERED INDIGENOUS PERSON
.
(5) "O
FFICE" MEANS THE OFFICE OF LIAISON FOR MISSING AND
MURDERED INDIGENOUS RELATIVES ESTABLISHED IN SECTION
24-33.5-2603.
24-33.5-2602. Missing and murdered indigenous relatives -
department duties. (1) T
HE DEPARTMENT SHALL IMPROVE THE
INVESTIGATION OF MISSING AND MURDERED INDIGENOUS RELATIVE CASES
AND ADDRESS INJUSTICE IN THE CRIMINAL JUSTICE SYSTEM
'S RESPONSE TO
THE CASES OF MISSING AND MURDERED INDIGENOUS RELATIVE CASES
. THE
EXECUTIVE DIRECTOR SHALL ASSIGN STAFF AS NECESSARY TO CARRY OUT
THE DUTIES DESCRIBED IN THIS PART
26 AND MAY ASSIGN THE DUTIES TO THE
VARIOUS DIVISIONS AND OFFICES IN THE DEPARTMENT
, INCLUDING THE
OFFICE OF LIAISON FOR MISSING AND MURDERED INDIGENOUS RELATIVES
AND THE
COLORADO BUREAU OF INVESTIGATION .
(2) T
HE DEPARTMENT SHALL:
(a) F
ACILITATE TECHNICAL ASSISTANCE AND WORK WITH TRIBAL ,
STATE, AND FEDERAL LAW ENFORCEMENT AGENCIES ON MISSING PERSONS
INVESTIGATIONS AND HOMICIDE CASES INVOLVING INDIGENOUS VICTIMS
;
(b) D
EVELOP A BEST PRACTICES PROTOCOL FOR LAW ENFORCEMENT
PAGE 3-SENATE BILL 22-150 RESPONSE TO REPORTS OF MISSING INDIGENOUS PEOPLE ;
(c) C
ONDUCT CASE REVIEWS AND REPORT ON THE RESULTS OF CASE
REVIEWS FOR THE FOLLOWING TYPES OF MISSING OR MURDERED INDIGENOUS
RELATIVES CASES
:
(I) C
OLD CASES FOR MISSING INDIGENOUS PEOPLE ; AND
(II) DEATH INVESTIGATION REVIEW FOR CASES OF INDIGENOUS
PEOPLE RULED AS SUICIDE OR OVERDOSE UNDER SUSPICIOUS
CIRCUMSTANCES
;
(d) D
EVELOP AND ENHANCE PARTNERSHIPS WITH TRIBAL LAW
ENFORCEMENT AND COMMUNITIES TO BUILD TRUST
, ENSURE EASE OF
REPORTING
, COORDINATE INVESTIGATIONS , AND TIMELY ENTER
INFORMATION REGARDING MISSING AND MURDERED INDIGENOUS RELATIVES
INTO RELEVANT CRIMINAL JUSTICE DATABASES
;
(e) W
ORK WITH THE FEDERAL BUREAU OF INVESTIGATION ON
REPORTED MISSING OR MURDERED INDIGENOUS RELATIVE CASES AND
COORDINATE WITH LOCAL LAW ENFORCEMENT AS NECESSARY FOR THE
INVESTIGATION OF THE CASES
;
(f) U
PDATE TRIBAL LAW ENFORCEMENT AGENCIES ON THE STATUS OF
CASES INVOLVING A MISSING OR MURDERED MEMBER OF THE TRIBE
;
(g) C
OORDINATE, AS RELEVANT, WITH THE FEDERAL BUREAU OF
INDIAN AFFAIRS' COLD CASE OFFICE ESTABLISHED AS PART OF ITS OPERATION
LADY JUSTICE INITIATIVE
, OTHER FEDERAL EFFORTS , AND EFFORTS IN
NEIGHBORING STATES TO INVESTIGATE COLD CASES INVOLVING MISSING OR
MURDERED INDIGENOUS RELATIVES
. THIS SUBSECTION (1)(g) PERTAINS TO
STATE AND FEDERAL INVESTIGATIVE EFFORTS
. TRIBES ARE SOVEREIGN
NATIONS THAT HAVE THE RIGHT TO DETERMINE IF AND HOW THEY WILL
COORDINATE ANY INVESTIGATIVE EFFORTS
.
(h) C
OORDINATE WITH OTHER STATE AND LOCAL OFFICES INCLUDING ,
BUT NOT LIMITED TO , AGENCY TRIBAL LIAISONS , THE COLORADO
COMMISSION OF
INDIAN AFFAIRS, AND COUNTY CORONERS TO DEVELOP
TRAINING AND EDUCATION ON MISSING OR MURDERED INDIGENOUS PERSONS
ISSUES
, SPIRITUAL PRACTICES OR CEREMONIES PERTAINING TO HUMAN
PAGE 4-SENATE BILL 22-150 REMAINS OF AN INDIGENOUS PERSON , AND THE
GOVERNMENT
-TO-GOVERNMENT RELATIONSHIP BETWEEN THE STATE AND
TRIBES
;
(i) W
ORK WITH THE PEACE OFFICER STANDARD AND TRAINING BOARD
TO FACILITATE TRAINING FOR LAW ENFORCEMENT AND MEMBERS OF THE
PUBLIC ON ISSUES RELATING TO MISSING OR MURDERED INDIGENOUS
PERSONS
;
(j) D
EVELOP BEST PRACTICES FOR DATA ACCURACY AND
PROCEDURES TO UPDATE RECORDS WHEN INDIGENOUS VICTIMS ARE
INCORRECTLY IDENTIFIED IN REPORTS AND RECOMMEND POLICIES AND BEST
PRACTICES FOR MAINTAINING ACCURATE DATA AND CORRECTING VICTIM
IDENTITY INACCURACIES IN REPORTS TO RELEVANT TRIBAL
, STATE, AND
FEDERAL LAW ENFORCEMENT AGENCIES AND ANY OTHER RELEVANT
GOVERNMENT AGENCIES
;
(k) C
OORDINATE WITH OTHER STATES TO ENSURE COLORADO IS
ENACTING AND USING BEST PRACTICES FOR REPORTING
, TRACKING, AND
INVESTIGATING MISSING OR MURDERED INDIGENOUS RELATIVES CASES AND
TO IDENTIFY CASES INVOLVING REPEAT OFFENDERS
;
(l) R
ECOMMEND TO THE HOUSE OF REPRESENTATIVES JUDICIARY
COMMITTEE AND THE SENATE JUDICIARY COMMITTEE
, OR THEIR SUCCESSOR
COMMITTEES
, AND ANY RELEVANT LAW ENFORCEMENT AGENCIES ,
LEGISLATIVE AND AGENCY ACTIONS TO ADDRESS INJUSTICE IN THE CRIMINAL
JUSTICE SYSTEM
'S RESPONSE TO THE CASES OF MISSING OR MURDERED
INDIGENOUS RELATIVES
;
(m) D
EVELOP RECOMMENDATIONS AND FACILITATE TRAINING TO
STRENGTHEN THE TRAUMA
-INFORMED AND VICTIM-CENTERED RESPONSE OF
LAW ENFORCEMENT
, COURTS, AND THE HEALTH-CARE SYSTEM AS TO THE
CAUSE OF VIOLENCE AGAINST INDIGENOUS SURVIVORS AND MAKE THE
RECOMMENDATIONS AVAILABLE TO INTERESTED ORGANIZATIONS
, RELEVANT
TRIBAL
, STATE, AND FEDERAL LAW ENFORCEMENT AGENCIES , AND ANY
OTHER RELEVANT AGENCIES
;
(n) A
SSIST FAMILIES, TRIBAL AGENCIES, AND NONGOVERNMENTAL
ENTITIES IN USING THE NATIONAL MISSING AND UNIDENTIFIED PERSONS
SYSTEM ADMINISTERED BY THE NATIONAL INSTITUTE OF JUSTICE WITHIN THE
PAGE 5-SENATE BILL 22-150 UNITED STATES DEPARTMENT OF JUSTICE, AND OTHER RESOURCES;
(o) P
ROVIDE GUIDANCE TO FAMILIES OF INDIGENOUS VICTIMS ON
HOW TO NAVIGATE STATE AND FEDERAL DISTRICT COURT CASES
;
(p) I
NFORM INDIGENOUS COMMUNITY MEMBERS AND FAMILY
MEMBERS ABOUT ACTIVE COMMUNITY
-LED GRASSROOTS OR VOLUNTEER
COLLABORATIONS THAT ARE ORGANIZING OR CONDUCTING SEARCH EFFORTS
,
SUPPORT GROUPS, OR OTHER SUPPORTIVE EFFORTS THAT ARE RELEVANT TO
THE COMMUNITY
'S OR FAMILY MEMBER 'S MISSING OR MURDERED
INDIGENOUS RELATIVE
; AND
(q) CONSULT WITH INDIGENOUS-LED COMMUNITY ORGANIZATIONS
THAT SERVE INDIGENOUS POPULATIONS TO PROMOTE
, AND DEVELOP BEST
PRACTICES FOR PROMOTING
, COMMUNITY RELATIONS WITH INDIGENOUS
POPULATIONS
.
24-33.5-2603. Office of liaison for missing and murdered
indigenous relatives - created - director - collaboration - advisory
board. (1) T
HERE IS CREATED IN THE DEPARTMENT THE OFFICE OF LIAISON
FOR MISSING AND MURDERED INDIGENOUS RELATIVES TO WORK ON BEHALF
OF THOSE WHO ARE MISSING OR MURDERED
. THE OFFICE IS A TYPE 2 ENTITY,
AS DEFINED IN SECTION 24-1-105, AND EXERCISES ITS POWERS AND
PERFORMS ITS DUTIES AND FUNCTIONS UNDER THE DEPARTMENT
.
(2) (a) T
HE EXECUTIVE DIRECTOR OF THE DEPARTMENT SHALL
APPOINT THE DIRECTOR OF THE OFFICE PURSUANT TO SECTION
13 OF ARTICLE
XII OF THE STATE CONSTITUTION. THE DIRECTOR OF THE OFFICE MUST BE A
PERSON CLOSELY CONNECTED TO A TRIBE OR THE INDIGENOUS COMMUNITY
AND WHO IS HIGHLY KNOWLEDGEABLE ABOUT CRIMINAL INVESTIGATIONS
.
T
HE EXECUTIVE DIRECTOR IS ENCOURAGED TO CONSIDER CANDIDATES FOR
APPOINTMENT WHO ARE RECOMMENDED BY TRIBES AND INDIGENOUS
COMMUNITIES
.
(b) T
HE DIRECTOR MAY APPOINT STAFF AS NECESSARY TO CARRY
OUT THE DUTIES OF THE OFFICE
. IN APPOINTING STAFF FOR THE OFFICE, THE
DIRECTOR SHALL GIVE PREFERENCE TO THOSE WITH EXPERIENCE WORKING
WITH INDIGENOUS PERSONS AND
INDIAN TRIBES. THE DIRECTOR SHALL
ENCOURAGE INDIGENOUS PERSONS TO APPLY FOR POSITIONS IN THE OFFICE
.
PAGE 6-SENATE BILL 22-150 (3) THE OFFICE SHALL SERVE AS A LIAISON ON BEHALF OF THE
INDIGENOUS COMMUNITY ON ISSUES RELATED TO MISSING OR MURDERED
INDIGENOUS RELATIVES
, SUPPORT THE ADVISORY BOARD CREATED IN
SUBSECTION
(4) OF THIS SECTION, AND CARRY OUT ANY DUTIES ASSIGNED BY
THE EXECUTIVE DIRECTOR
. IN CARRYING OUT ITS DUTIES, THE OFFICE SHALL
COLLABORATE WITH ANY RELEVANT ENTITIES
, INCLUDING THE COLORADO
COMMISSION OF
INDIAN AFFAIRS, FEDERALLY RECOGNIZED TRIBES ,
INDIGENOUS-LED ORGANIZATIONS, TRIBAL AND LOCAL LAW ENFORCEMENT
AGENCIES
, THE COLORADO BUREAU OF INVESTIGATION , AND THE COLORADO
STATE PATROL
.
(4) (a) T
HERE IS ESTABLISHED IN THE OFFICE THE COMMUNITY
VOLUNTEER ADVISORY BOARD TO IDENTIFY AND ADVISE THE OFFICE ON
AREAS OF CONCERN REGARDING MISSING OR MURDERED INDIGENOUS
RELATIVES AND ISSUES RELATING TO ORGANIZING OR CONDUCTING SEARCH
EFFORTS
, SUPPORT GROUPS, OR OTHER SUPPORTIVE EFFORTS RELATED TO
MISSING OR MURDERED INDIGENOUS RELATIVES
. THE ADVISORY BOARD
SHALL MEET AT LEAST ONCE PER QUARTER IN STATE FISCAL YEAR
2022-23,
AND BIANNUALLY THEREAFTER , AT DATES AND TIMES AS CALLED BY THE
EXECUTIVE DIRECTOR
. THE ADVISORY BOARD MAY MEET ELECTRONICALLY .
(b) T
HE ADVISORY BOARD IS COMPRISED OF THE FOLLOWING
MEMBERS
:
(I) T
EN MEMBERS APPOINTED BY THE EXECUTIVE DIRECTOR , AS
FOLLOWS
:
(A) O
NE REPRESENTATIVE OF AN INDIGENOUS -LED ORGANIZATION
THAT PROVIDES ADVOCACY OR COUNSELING FOR INDIGENOUS VICTIMS OF
VIOLENCE
;
(B) O
NE REPRESENTATIVE OF AN INDIGENOUS -LED ORGANIZATION
THAT PROVIDES LEGAL SERVICES FOR INDIGENOUS VICTIMS OF VIOLENCE
;
(C) O
NE REPRESENTATIVE OF AN INDIGENOUS -LED ORGANIZATION
THAT PROVIDES HEALTH SERVICES TO INDIGENOUS VICTIMS OF VIOLENCE
;
(D) O
NE REPRESENTATIVE OF A COMMUNITY -BASED ORGANIZATION
THAT PROVIDES SERVICES TO AN URBAN INDIGENOUS COMMUNITY
;
PAGE 7-SENATE BILL 22-150 (E) ONE REPRESENTATIVE OF A COMMUNITY -BASED ORGANIZATION
THAT PROVIDES SERVICES TO A RURAL INDIGENOUS COMMUNITY
;
(F) O
NE REPRESENTATIVE OF A COMMUNITY -BASED VICTIM
ADVOCATE ORGANIZATION SERVING
COLORADO'S INDIGENOUS POPULATION;
(G) O
NE REPRESENTATIVE OF A NATIONAL ORGANIZATION THAT
PROVIDES EDUCATION AND AWARENESS OF MISSING AND MURDERED
INDIGENOUS RELATIVES
; AND
(H) THREE MEMBERS WHO ARE INDIGENOUS PEOPLE WHO HAVE BEEN
VICTIMS OF VIOLENCE OR ARE A FAMILY MEMBER OF AN INDIGENOUS PERSON
WHO HAS BEEN A VICTIM OF VIOLENCE
;
(II) O
NE MEMBER WHO REPRESENTS THE UTE MOUNTAIN UTE TRIBE,
APPOINTED BY THE UTE MOUNTAIN UTE TRIBAL COUNCIL;
(III) O
NE MEMBER WHO REPRESENTS THE SOUTHERN UTE INDIAN
TRIBE, APPOINTED BY THE SOUTHERN UTE TRIBAL COUNCIL;
(IV) O
NE MEMBER WHO REPRESENTS THE UTE INDIAN TRIBE OF THE
UINTAH AND OURAY RESERVATION, APPOINTED BY THE NORTHERN UTE
TRIBAL COUNCIL
;
(V) F
OUR MEMBERS WHO ARE EACH AN ENROLLED MEMBER OF A
TRIBE WITH HISTORICAL TIES TO
COLORADO, AS IDENTIFIED ON THE
COLORADO TRIBAL CONTACTS LIST DEVELOPED BY HISTORY COLORADO IN
PARTNERSHIP WITH THE
COLORADO COMMISSION OF INDIAN AFFAIRS;
(VI) T
WO MEMBERS WITH EXPERTISE IN LAW ENFORCEMENT ,
APPOINTED BY THE EXECUTIVE DIRECTOR FROM ANY TWO OF THE FOLLOWING
CATEGORIES
:
(A) A
PEACE OFFICER WHO WORKS OR RESIDES ON A FEDERALLY
RECOGNIZED
INDIAN TRIBE'S RESERVATION IN COLORADO;
(B) A
SHERIFF FROM A COUNTY WITH A POPULATION OF FEWER THAN
ONE HUNDRED THOUSAND PERSONS
;
(C) A
SHERIFF FROM AN URBAN COUNTY ;
PAGE 8-SENATE BILL 22-150 (D) A REPRESENTATIVE OF THE COLORADO STATE PATROL, WITH THE
APPROVAL OF THE CHIEF OF THE STATE PATROL
; OR
(E) A REPRESENTATIVE OF THE COLORADO BUREAU OF
INVESTIGATION
, WITH THE APPROVAL OF THE DIRECTOR OF THE BUREAU ;
AND
(VII) TWO MEMBERS, APPOINTED BY THE EXECUTIVE DIRECTOR, WHO
EACH REPRESENT ONE OF THE FOLLOWING
:
(A) T
HE ATTORNEY GENERAL 'S OFFICE, APPOINTED WITH THE
APPROVAL OF THE ATTORNEY GENERAL
;
(B) T
HE JUDICIAL BRANCH, APPOINTED WITH THE APPROVAL OF THE
STATE COURT ADMINISTRATOR
;
(C) T
HE COLORADO COMMISSION OF INDIAN AFFAIRS, APPOINTED
WITH THE APPROVAL OF THE COMMISSION
'S DIRECTOR;
(D) C
ERTIFIED DEATH INVESTIGATORS , WHO MUST BE A DEATH
INVESTIGATOR CERTIFIED BY THE STATE CORONERS ASSOCIATION
; OR
(E) THE STATE DEPARTMENT OF HUMAN SERVICES , APPOINTED WITH
THE APPROVAL OF THE EXECUTIVE DIRECTOR OF THE DEPARTMENT
.
(c) M
EMBERS SERVE AT THE PLEASURE OF THE APPOINTING
AUTHORITY
. ADVISORY BOARD MEMBERS SERVE WITHOUT COMPENSATION
AND WITHOUT REIMBURSEMENT FOR EXPENSES
. ADVISORY BOARD MEMBERS
ARE NOT OFFICE PERSONNEL
.
24-33.5-2604. Gifts, grants, and donations. T
HE DEPARTMENT
MAY SEEK
, ACCEPT, AND EXPEND GIFTS, GRANTS, OR DONATIONS FROM
PRIVATE OR PUBLIC SOURCES FOR THE PURPOSES OF THIS PART
26.
24-33.5-2605. Information dashboard - report. (1) T
HE
DEPARTMENT SHALL PUBLISH ON ITS PUBLIC WEBSITE A DASHBOARD THAT
DISPLAYS
, IN AN INTERACTIVE , INTUITIVE, AND VISUAL MANNER ,
INFORMATION REGARDING MISSING OR MURDERED INDIGENOUS PERSONS ,
INCLUDING:
PAGE 9-SENATE BILL 22-150 (a) THE NUMBER OF CASES OF MISSING OR MURDERED INDIGENOUS
RELATIVES
;
(b) T
HE TRIBAL AFFILIATION OF EACH MISSING OR MURDERED
INDIGENOUS RELATIVE
, TO THE EXTENT THAT PUBLISHING TRIBAL
AFFILIATION DOES NOT IDENTIFY AN INDIVIDUAL PERSON
;
(c) G
EOGRAPHIC INFORMATION REGARDING CASES OF MISSING OR
MURDERED INDIGENOUS RELATIVES
;
(d) T
HE RESULTS OF CASES OF MISSING OR MURDERED INDIGENOUS
RELATIVES
; FOR EXAMPLE, WHETHER THE PERSON IS FOUND AND WHETHER
A PERPETRATOR HAS BEEN ARRESTED AND CHARGED IN THE CASE AND THE
DISPOSITION OF THE CHARGES
; AND
(e) RESOURCES AVAILABLE FOR FAMILY MEMBERS OF MISSING OR
MURDERED INDIGENOUS RELATIVES
.
(2) (a) O
N OR BEFORE DECEMBER 31, 2023, AND ON OR BEFORE
DECEMBER 31 OF EACH YEAR THEREAFTER, THE DEPARTMENT SHALL SUBMIT
A REPORT ON MISSING OR MURDERED INDIGENOUS RELATIVES TO THE HOUSE
OF REPRESENTATIVES JUDICIARY COMMITTEE AND THE SENATE JUDICIARY
COMMITTEE
, OR THEIR SUCCESSOR COMMITTEES , AND THE GOVERNOR 'S
OFFICE
. THE DEPARTMENT SHALL MAKE THE REPORT AVAILABLE TO THE
PUBLIC ON ITS WEBSITE
. THE REPORT MUST INCLUDE AN UPDATE ABOUT
MISSING OR MURDERED INDIGENOUS RELATIVES IN
COLORADO, INCLUDING
THE INFORMATION INCLUDED IN THE DASHBOARD DESCRIBED IN SUBSECTION
(1) OF THIS SECTION; THE RECOMMENDATIONS FOR LEGISLATIVE AND
GOVERNMENTAL AGENCY ACTIONS DESCRIBED IN SECTION
24-33.5-2602
AND ANY OTHER RECOMMENDATIONS TO ADDRESS INJUSTICE IN THE
CRIMINAL JUSTICE SYSTEM
'S RESPONSE TO THE CASES OF MISSING OR
MURDERED INDIGENOUS RELATIVES
; AND A SUMMARY OF THE OFFICE'S WORK
DURING THE YEAR
.
(b) N
OTWITHSTANDING SECTION 24-1-136 (11)(a)(I), THE REPORTING
REQUIREMENT DESCRIBED IN THIS SUBSECTION
(2) CONTINUES INDEFINITELY.
SECTION 3. In Colorado Revised Statutes, add 24-31-319 as
follows:
PAGE 10-SENATE BILL 22-150 24-31-319. Training related to missing indigenous persons -
development - basic and in-service training required. (1) T
HE P.O.S.T.
BOARD SHALL WORK WITH THE OFFICE OF LIAISON FOR MISSING AND
MURDERED INDIGENOUS RELATIVES CREATED IN SECTION
24-33.5-2603 TO
DEVELOP AND FACILITATE TRAINING FOR PEACE OFFICERS ON ISSUES
RELATING TO MISSING OR MURDERED INDIGENOUS PERSONS INVESTIGATIONS
.
(2) B
EGINNING JANUARY 1, 2023, THE BASIC ACADEMY CURRICULUM
AND ANNUAL IN
-SERVICE TRAINING PROGRAMS MUST INCLUDE TRAINING
CONCERNING ISSUES RELATING TO MISSING OR MURDERED INDIGENOUS
PERSONS
.
SECTION 4. In Colorado Revised Statutes, add 24-33.5-431 as
follows:
24-33.5-431. Missing indigenous persons - interagency
cooperation - data repository - alert program - report - rules.
(1) (a) T
HE BUREAU SHALL COOPERATE WITH THE OFFICE OF LIAISON FOR
MISSING AND MURDERED INDIGENOUS RELATIVES ESTABLISHED IN SECTION
24-33.5-2603 AND FEDERAL, STATE, TRIBAL, AND LOCAL LAW ENFORCEMENT
AGENCIES FOR THE EFFICIENT INVESTIGATION OF MISSING OR MURDERED
INDIGENOUS PEOPLE
.
(b) A
NY TIME THE BUREAU RECEIVES A REPORT OF A MISSING OR
MURDERED INDIGENOUS RELATIVE
, AS DEFINED IN SECTION 24-33.5-2601,
WHO IS A MEMBER OF A FEDERALLY RECOGNIZED TRIBE , THE BUREAU SHALL,
AS SOON AS PRACTICABLE, NOTIFY THE TRIBAL ENTITY OF THE REPORT.
(2) (a) T
HE BUREAU IS THE CENTRAL REPOSITORY OF INFORMATION
AND SHALL OPERATE A CLEARINGHOUSE DATABASE ON MISSING INDIGENOUS
PERSONS FROM
COLORADO.
(b) A
S A FUNCTION OF THE CENTRAL REPOSITORY , THE BUREAU
SHALL PREPARE AND MAKE PUBLICLY AVAILABLE AN ANNUAL REPORT ON
INFORMATION COMPILED FROM THE CLEARINGHOUSE DATABASE
. THE
REPORT MUST INCLUDE BIOGRAPHICAL INFORMATION COLLECTED ON
MISSING PERSONS AND INCLUDE INFORMATION SUBMITTED BY FEDERAL
,
STATE, TRIBAL, AND LOCAL LAW ENFORCEMENT AGENCIES .
(c) T
HE BUREAU MAY MAKE PUBLICLY AVAILABLE INFORMATION
PAGE 11-SENATE BILL 22-150 ABOUT ONGOING MISSING PERSON INVESTIGATIONS TO AID IN THE EFFICIENT
INVESTIGATION AND SWIFT RECOVERY OF MISSING PERSONS OR WHEN
OTHERWISE IN THE PUBLIC INTEREST
.
(3) (a) I
N ORDER TO AID IN THE SAFE RECOVERY OF MISSING
INDIGENOUS PERSONS
, THE BUREAU SHALL OPERATE A MISSING INDIGENOUS
PERSON ALERT PROGRAM
. THE PROGRAM MUST BE A COORDINATED EFFORT
AMONG THE BUREAU
, LOCAL LAW ENFORCEMENT AGENCIES , FEDERALLY
RECOGNIZED TRIBES
, ANY GOVERNMENTAL AGENCY THAT MAY BE I NVOLVED
IN THE SEARCH AND RECOVERY OF A MISSING PERSON
, AND THE STATE'S
PUBLIC AND COMMERCIAL TELEVISION AND RADIO BROADCASTERS
. THE
BUREAU MAY OPERATE THE ALERT SYSTEM AS A PART OF ANY OTHER
MISSING PERSON ALERT PROGRAM OPERATED BY THE BUREAU
.
(b) U
PON RECEIVING NOTICE OF A MISSING INDIGENOUS PERSON
FROM A LAW ENFORCEMENT AGENCY PURSUANT TO SECTION
16-2.7-103, OR
FROM ANY GOVERNMENTAL AGENCY THAT MAY BE I NVOLVED IN THE SEARCH
AND RECOVERY OF A MISSING PERSON
, THE BUREAU SHALL CONFIRM THE
ACCURACY OF THE INFORMATION AND THEN ISSUE AN ALERT
. THE ALERT
MUST BE SENT TO DESIGNATED MEDIA OUTLETS IN
COLORADO.
P
ARTICIPATING RADIO STATIONS, TELEVISION STATIONS, AND OTHER MEDIA
OUTLETS MAY ISSUE THE ALERT AT DESIGNATED INTERVALS AS SPECIFIED BY
RULE
. THE ALERT MUST INCLUDE ALL APPROPRIATE INFORMATION FROM THE
LAW ENFORCEMENT AGENCY THAT MAY ASSIST IN THE SAFE RECOVERY OF
THE MISSING PERSON AND A STATEMENT INSTRUCTING ANYONE WITH
INFORMATION RELATED TO THE MISSING PERSON TO CONTACT A LOCAL LAW
ENFORCEMENT AGENCY
.
(c) T
HE BUREAU SHALL CANCEL THE ALERT UPON NOTIFICATION
THAT THE MISSING PERSON HAS BEEN FOUND OR AT THE END OF THE
NOTIFICATION PERIOD
, WHICHEVER OCCURS FIRST . A LOCAL LAW
ENFORCEMENT AGENCY THAT LOCATES A MISSING PERSON WHO IS THE
SUBJECT OF AN ALERT SHALL NOTIFY THE BUREAU AS SOON AS POSSIBLE
THAT THE MISSING PERSON HAS BEEN LOCATED
.
(d) T
HE EXECUTIVE DIRECTOR OF THE DEPARTMENT SHALL
PROMULGATE RULES IN ACCORDANCE WITH THE
"STATE ADMINISTRATIVE
PROCEDURE ACT", ARTICLE 4 OF THIS TITLE 24, FOR THE IMPLEMENTATION
OF THE PROGRAM
. THE RULES MUST INCLUDE:
PAGE 12-SENATE BILL 22-150 (I) THE PROCESS TO BE FOLLOWED BY THE BUREAU IN CONFIRMING
THE LOCAL LAW ENFORCEMENT AGENCY
'S INFORMATION REGARDING A
MISSING INDIGENOUS PERSON
;
(II) T
HE PROCESS FOR REPORTING THE INFORMATION TO THE
FEDERAL COMMUNICATIONS COMMISSION
'S DESIGNATED STATE EMERGENCY
ALERT SYSTEM BROADCASTER IN
COLORADO; AND
(III) ANY ADDITIONAL PROCESSES NECESSARY FOR THE EFFECTIVE
IMPLEMENTATION OF THE PROGRAM
.
(e) I
N ITS ANNUAL REPORT TO THE COMMITTEES OF REFERENCE
PURSUANT TO SECTION
2-7-203, THE DEPARTMENT SHALL REPORT THE
NUMBER OF TIMES AND DATES WHEN THE ALERT SYSTEM WAS USED
; THE AGE
AND GENDER OF EACH MISSING PERSON
; AND WHETHER THE ALERT SYSTEM
ASSISTED IN LOCATING THE MISSING PERSON
. NOTWITHSTANDING
SUBSECTION
24-1-136 (11)(a)(I), THE REPORTING REQUIREMENT SET FORTH
IN THIS SUBSECTION
(3)(e) CONTINUES INDEFINITELY.
SECTION 5. In Colorado Revised Statutes, 16-2.7-103, add (3) as
follows:
16-2.7-103. Missing person reports - response. (3) I
F THE MISSING
PERSON IS AN INDIGENOUS PERSON
, THE BEST COURSE OF ACTION FOR THE
LAW ENFORCEMENT AGENCY INCLUDES APPROPRIATE COMMUNICATIONS
WITH OTHER LAW ENFORCEMENT AGENCIES THAT MAY ASSIST IN LOCATING
THE MISSING INDIGENOUS PERSON
. ADDITIONALLY, THE LAW ENFORCEMENT
AGENCY SHALL
, WITHIN EIGHT HOURS AFTER RECEIVING A REPORT OF A
MISSING ADULT OR WITHIN TWO HOURS OF RECEIVING A REPORT OF A
MISSING CHILD
, NOTIFY THE COLORADO BUREAU OF INVESTIGATION .
SECTION 6. Appropriation. (1) For the 2022-23 state fiscal year,
$497,250 is appropriated to the department of public safety. This
appropriation is from the general fund. To implement this act, the
department may use this appropriation as follows:
(a) $15,982 for use by the executive director's office for vehicle
lease payments;
(b) $372,798 for use by the Colorado bureau of investigation for
PAGE 13-SENATE BILL 22-150 personal services related to laboratory and investigative services, which
amount is based on an assumption that the bureau will require an additional
4.5 FTE;
(c) $93,590 for use by the Colorado bureau of investigation for
operating expenses related to laboratory and investigative services; and
(d) $14,880 for use by the Colorado bureau of investigation for
overtime related to laboratory and investigative services.
(2) For the 2022-23 state fiscal year, $15,982 is appropriated to the
department of personnel. This appropriation is from reappropriated funds
received from the department of public safety under subsection (1)(a) of this
section. To implement this act, the department of personnel may use this
appropriation to provide fleet vehicles for the department of public safety.
SECTION 7. Safety clause. The general assembly hereby finds,
PAGE 14-SENATE BILL 22-150 determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety.
____________________________ ____________________________
Steve Fenberg Alec Garnett
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Cindi L. Markwell Robin Jones
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 15-SENATE BILL 22-150