First Regular Session Seventy-fourth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 23-0077.01 Chelsea Princell x4335 HOUSE BILL 23-1108 House Committees Senate Committees Judiciary A BILL FOR AN ACT C ONCERNING THE CREATION OF A TASK FORCE TO STUDY VICTIM AND101 SURVIVOR AWARENESS AND RE SPONSIVENESS TRAINING102 REQUIREMENTS FOR JUDICIAL PERSONNEL .103 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 creates a task force to study victim and survivor awareness and responsiveness training requirements for judicial personnel (task force) in the office for victims programs in the division of criminal justice. The task force consists of members who have experience representing victims and survivors of domestic violence, sexual assault, HOUSE SPONSORSHIP Duran and Evans, SENATE SPONSORSHIP (None), Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. Capital letters or bold & italic numbers indicate new material to be added to existing law. Dashes through the words or numbers indicate deletions from existing law. or other crimes; lived experience as a victim or survivor of domestic violence, sexual assault, or other crimes; or are members of the judicial community. The task force is required to analyze current training provided to judicial personnel around the country on topics of domestic violence, sexual assault, and other crimes, in order to determine best practices and training requirements for judicial personnel in the state. The task force is required to convene by July 1, 2023, and is required to meet at least 4 times but not more than 10 times. The task force is required to submit a report with its findings and recommendations to the house of representatives judiciary committee and the senate judiciary committee, or their successor committees, and the judicial department by November 1, 2023. The task force must convene its final meeting no later than October 15, 2023. The task force is repealed, effective July 1, 2024. Be it enacted by the General Assembly of the State of Colorado:1 SECTION 1. In Colorado Revised Statutes, add 24-33.5-534 as2 follows:3 24-33.5-534. Task force to study victim and survivor4 awareness and responsiveness training requirements for judicial5 personnel - creation - membership - duties - report - definitions -6 repeal. (1) A S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE7 REQUIRES:8 (a) "J UDICIAL PERSONNEL" MEANS JUDGES, OTHER JUDICIAL9 OFFICERS, AND COURT STAFF , BUT DOES NOT INCLUDE DISTRICT10 ATTORNEYS OR PUBLIC DEFENDERS .11 (b) "T ASK FORCE" MEANS THE TASK FORCE TO STUDY VICTIM AND12 SURVIVOR AWARENESS AND RESPONSIVENESS TRAINING REQUIREMENTS13 FOR JUDICIAL PERSONNEL CREATED IN SUBSECTION (2) OF THIS SECTION.14 (2) T HERE IS CREATED IN THE OFFICE FOR VICTIMS PROGRAMS IN15 THE DIVISION OF CRIMINAL JUSTICE THE TASK FORCE TO STUDY VICTIM16 AND SURVIVOR AWARENESS AND RESPONSIVENESS TRAINING17 HB23-1108-2- REQUIREMENTS FOR JUDICIAL PERSONNEL .1 (3) T HE MANAGER OF THE OFFICE FOR VICTIMS PROGRAMS SHALL2 APPOINT THE FOLLOWING MEMBERS TO SERVE ON THE TASK FORCE :3 (a) A VICTIM WITNESS ASSISTANT OR ADVOCATE IN A DISTRICT4 ATTORNEY OFFICE;5 (b) A REPRESENTATIVE FROM A DISTRICT ATTORNEY OFFICE ;6 (c) A STATE COURT JUDGE;7 (d) A REPRESENTATIVE OF A STATEWIDE ORGANIZATION THAT8 SERVES OR REPRESENTS VICTIMS AND SURVIVORS OF DOMESTIC VIOLENCE ;9 (e) A REPRESENTATIVE OF A STATEWIDE ORGANIZATION THAT10 SUPPORTS VICTIMS AND SURVIVORS OF CRIME OR VIOLENCE OTHER THAN11 DOMESTIC VIOLENCE OR SEXUAL ASSAULT ;12 (f) A REPRESENTATIVE OF AN ORGANIZATION PROVIDING LEGAL13 SERVICES TO VICTIMS AND SURVIVORS;14 (g) A RETIRED JUDGE WHOSE DOCKET INCLUDED CRIMINAL CASES ;15 (h) A CONFIDENTIAL ADVOCATE WHO WORKS WITH SURVIVORS OF16 DOMESTIC VIOLENCE AND SEXUAL ASSAULT ;17 (i) A FAMILY LAW ATTORNEY;18 (j) A REPRESENTATIVE OF AN ORGANIZATION THAT PROVIDES CIVIL19 LEGAL SERVICES;20 (k) A SURVIVOR OF DOMESTIC VIOLENCE OR SEXUAL ASSAULT ;21 (l) A VICTIM OF A CRIME OTHER THAN DOMESTIC VIOLENCE OR22 SEXUAL ASSAULT;23 (m) A CITIZEN OF A SMALL OR RURAL COMMUNITY ;24 (n) A REPRESENTATIVE OF A CULTURALLY SPECIFIC ORGANIZATION25 THAT PROVIDES VICTIM SERVICES OR WORKS WITH VICTIMS OR SURVIVORS26 OF DOMESTIC VIOLENCE OR SEXUAL ASSAULT ;27 HB23-1108 -3- (o) AN INDIVIDUAL OTHER T HAN A JUDGE WHO IS COURT1 PERSONNEL;2 (p) A REPRESENTATIVE OF A STATEWIDE ORGANIZATION THAT3 SERVES OR REPRESENTS SURVIVORS OF SEXUAL ASSAULT ; AND4 (q) A REPRESENTATIVE OF A FAMILY JUSTICE CENTER .5 (4) T HE TASK FORCE SHALL ELECT A CHAIR AND VICE-CHAIR AT ITS6 FIRST MEETING. THE MEMBERS SERVING AS CHAIR AND VICE-CHAIR SHALL7 SERVE AS CHAIR AND VICE-CHAIR FOR THE DURATION OF THE TASK FORCE.8 I N THE EVENT OF A VACANCY OR AN UNFORESEEN CIRCUMSTANCE THAT9 PREVENTS THE CHAIR OR VICE-CHAIR FROM CARRYING OUT THE CHAIR'S OR10 VICE-CHAIR'S DUTIES, THE TASK FORCE SHALL NOMINATE AND ELECT A11 REPLACEMENT CHAIR OR VICE-CHAIR AT THE NEXT MEETING.12 (5) T HE TERM OF EACH APPOINTMENT TO THE TASK FORCE IS FOR13 THE DURATION OF THE TASK FORCE. A VACANCY MUST BE FILLED AS SOON14 AS POSSIBLE BY THE MANAGER OF THE OFFICE FOR VICTIMS PROGRAMS .15 (6) T HE MANAGER OF THE OFFICE FOR VICTIMS PROGRAMS SHALL16 MAKE APPOINTMENTS ON OR BEFORE JUNE 1, 2023. IN MAKING17 APPOINTMENTS TO THE TASK FORCE , THE MANAGER OF THE OFFICE FOR18 VICTIMS PROGRAMS SHALL ENSURE THAT THE APPOINTEES INCLUDE19 PERSONS WHO HAVE EXPERIENCE WITH OR INTEREST IN THE TASK FORCE20 STUDY AREAS SET FORTH IN SUBSECTION (9) OF THIS SECTION.21 (7) M EMBERS OF THE TASK FORCE SERVE WITHOUT22 COMPENSATION. HOWEVER, MEMBERS OF THE TASK FORCE MAY RECEIVE23 REIMBURSEMENT FOR ACTUAL AND NECESSARY EXPENSES ASSOCIATED24 WITH THEIR DUTIES ON THE TASK FORCE.25 (8) T HE TASK FORCE SHALL CONVENE ITS FIRST MEETING NO LATER26 THAN JULY 1, 2023. THE TASK FORCE SHALL MEET AT LEAST FOUR TIMES27 HB23-1108 -4- BUT NOT MORE THAN TEN TIMES . THE TASK FORCE SHALL CONVENE ITS1 FINAL MEETING NO LATER THAN OCTOBER 15, 2023.2 (9) T HE TASK FORCE SHALL, AT A MINIMUM, DETERMINE AND3 ANALYZE THE FOLLOWING :4 (a) C URRENT JUDICIAL TRAINING AROUND THE COUNTRY ON5 TOPICS RELATED TO SEXUAL ASSAULT , HARASSMENT, STALKING AND6 DOMESTIC VIOLENCE;7 (b) G APS IN CURRENT TRAINING IN COLORADO AND HOW TO FILL8 THOSE GAPS;9 (c) B EST PRACTICES TO PROMOTE TRAUMA -INFORMED PRACTICES10 AND APPROACHES IN THE COURTS ;11 (d) S TRATEGIES TO ENSURE TRAINING IS EFFECTIVE FOR LEARNING12 ABOUT VICTIMS AND SURVIVORS AND THE IMPACT THAT CRIME , DOMESTIC13 VIOLENCE, AND SEXUAL ASSAULT HAVE ON VICTIMS AND SURVIVORS , AND14 INCLUDES INFORMATION ON TRAUMA AND METHODS TO MINIMIZE15 RETRAUMATIZATION OF VICTIMS AND SURVIVORS ;16 (e) A PPROACHES TO BEST PROVIDE TRAINING ON GENDER -BASED17 VIOLENCE AND ISSUES AFFECTING MARGINALIZED COMMUNITIES ;18 (f) T HE AMOUNT OF TRAINING JUDICIAL PERSONNEL CURRENTLY19 RECEIVE CONCERNING THE PROTECTION OF THE RIGHTS OF VICTIMS TO20 ENSURE ANY IMPLEMENTED TRAINING EMPHASIZES THAT THE RIGHTS OF21 VICTIMS ARE TO BE PROTECTED AS VIGOROUSLY AS THE RIGHTS OF22 DEFENDANTS; AND23 (g) A NY OTHER TOPIC OR CONCERN THE TASK FORCE BELIEVES IS24 NECESSARY TO ADEQUATELY STUDY TRAINING FOR JUDICIAL PERSONNEL25 REGARDING VICTIMS AND SURVIVORS OF DOMESTIC VIOLENCE , SEXUAL26 ASSAULT, AND OTHER CRIMES.27 HB23-1108 -5- (10) ON OR BEFORE NOVEMBER 1, 2023, THE TASK FORCE SHALL1 SUBMIT A REPORT, INCLUDING ITS FINDINGS AND RECOMMENDATIONS ON2 CONSIDERATIONS AND GUI DANCE IDENTIFIED IN SUBSECTION (9) OF THIS3 SECTION TO THE HOUSE OF REPRESENTATIVES JUDICIARY COMMITTEE AND4 THE SENATE JUDICIARY COMMITTEE , OR THEIR SUCCESSOR COMMITTEES ,5 AND THE JUDICIAL DEPARTMENT. ALL RECOMMENDATIONS MADE BY THE6 TASK FORCE MUST BE APPROVED BY A MAJORITY OF THE TASK FORCE7 MEMBERS IN ORDER TO BE INCLUDED IN THE REPORT .8 (11) T HE TASK FORCE MAY WORK WITH OTHER GROUPS , TASK9 FORCES, OR ORGANIZATIONS THAT HAVE EXPERIENCE WITH THE TOPICS10 THE TASK FORCE IS RESPONSIBLE FOR STUDYING .11 (12) T HIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2024.12 SECTION 2. Safety clause. The general assembly hereby finds,13 determines, and declares that this act is necessary for the immediate14 preservation of the public peace, health, or safety.15 HB23-1108 -6-