HOUSE BILL 23-1108
BY REPRESENTATIVE(S) Duran and Evans, Armagost, Bird,
Boesenecker, Brown, Daugherty, Dickson, English, Froelich, Herod, Jodeh,
Lieder, Lindsay, Martinez, Michaelson Jenet, Ortiz, Valdez, Velasco,
Weinberg, Weissman, Young, McCluskie, Catlin, deGruy Kennedy,
Hamrick, Marshall, McLachlan, Snyder, Titone;
also SENATOR(S) Hansen, Buckner, Coleman, Exum, Fields, Hinrichsen,
Kolker, Marchman, Mullica, Pelton B., Priola, Simpson, Sullivan.
C
ONCERNING THE CREATION OF A TASK FORCE TO STUDY VICTIM AND
SURVIVOR AWARENESS AND RESPONSIVENESS TRAINING
REQUIREMENTS FOR JUDICIAL PERSONNEL
, AND, IN CONNECTION
THEREWITH
, MAKING AN APPROPRIATION.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, add 24-33.5-534 as
follows:
24-33.5-534. Task force to study victim and survivor awareness
and responsiveness training requirements for judicial personnel -
creation - membership - duties - report - definitions - repeal. (1)
AS
USED IN THIS SECTION
, UNLESS THE CONTEXT OTHERWISE REQUIRES :
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. (a) "JUDICIAL PERSONNEL" MEANS JUDGES, OTHER JUDICIAL
OFFICERS
, AND COURT STAFF, BUT DOES NOT INCLUDE DISTRICT ATTORNEYS
OR PUBLIC DEFENDERS
.
(b) "T
ASK FORCE" MEANS THE TASK FORCE TO STUDY VICTIM AND
SURVIVOR AWARENESS AND RESPONSIVENESS TRAINING REQUIREMENTS FOR
JUDICIAL PERSONNEL CREATED IN SUBSECTION
(2) OF THIS SECTION.
(2) T
HERE IS CREATED IN THE OFFICE FOR VICTIMS PROGRAMS IN THE
DIVISION OF CRIMINAL JUSTICE THE TASK FORCE TO STUDY VICTIM AND
SURVIVOR AWARENESS AND RESPONSIVENESS TRAINING REQUIREMENTS FOR
JUDICIAL PERSONNEL
.
(3) T
HE MANAGER OF THE OFFICE FOR VICTIMS PROGRAMS IN THE
DIVISION OF CRIMINAL JUSTICE IN THE DEPARTMENT OF PUBLIC SAFETY IS A
MEMBER OF THE TASK FORCE AND SHALL APPOINT THE FOLLOWING MEMBERS
TO SERVE ON THE TASK FORCE
:
(a) A
REPRESENTATIVE OF A STATEWIDE ORGANIZATION THAT
SERVES OR REPRESENTS VICTIMS AND SURVIVORS OF DOMESTIC VIOLENCE
;
(b) A
REPRESENTATIVE OF A STATEWIDE ORGANIZATION THAT
SUPPORTS VICTIMS AND SURVIVORS OF CRIMES OR VIOLENCE OTHER THAN
DOMESTIC VIOLENCE OR SEXUAL ASSAULT
;
(c) A
REPRESENTATIVE OF AN ORGANIZATION PROVIDING LEGAL
SERVICES TO VICTIMS AND SURVIVORS
;
(d) A
FAMILY LAW ATTORNEY;
(e) A
REPRESENTATIVE OF A CULTURALLY SPECIFIC ORGANIZATION
THAT PROVIDES VICTIM SERVICES OR WORKS WITH VICTIMS OR SURVIVORS
OF DOMESTIC VIOLENCE OR SEXUAL ASSAULT
;
(f) A
REPRESENTATIVE OF A STATEWIDE ORGANIZATION THAT SERVES
OR REPRESENTS SURVIVORS OF SEXUAL ASSAULT
;
(g) A
REPRESENTATIVE OF A FAMILY JUSTICE CENTER ;
PAGE 2-HOUSE BILL 23-1108 (h) A REPRESENTATIVE OF A STATEWIDE ORGANIZATION THAT
TREATS CHILDREN WHO ARE VICTIMS OF DOMESTIC VIOLENCE AND PROVIDES
EXPERTISE ON CHILD ABUSE PREVENTION AND NEGLECT
;
(i) A
PRIVATE CRIMINAL DEFENSE ATTORNEY WITH EXPERIENCE
REPRESENTING VICTIMS OF DOMESTIC VIOLENCE OR SEXUAL ASSAULT
; AND
(j) A REPRESENTATIVE OF THE OFFICE OF THE STATE PUBLIC
DEFENDER WITH EXPERIENCE REPRESENTING VICTIMS OF DOMESTIC
VIOLENCE OR SEXUAL ASSAULT
.
(4) T
HE CHIEF JUSTICE OF THE COLORADO SUPREME COURT IS A
MEMBER OF THE TASK FORCE AND SHALL APPOINT THE FOLLOWING MEMBERS
TO SERVE ON THE TASK FORCE
:
(a) A
STATE COURT JUDGE;
(b) A
N INDIVIDUAL OTHER THAN A JUDGE WHO IS COURT PERSONNEL ;
(c) A
DISTRICT COURT JUDGE WITH EXPERIENCE IN DOMESTIC
MATTERS
;
(d) A
COUNTY COURT JUDGE; AND
(e) A JUDGE FROM A RURAL COUNTY .
(5) I
N MAKING APPOINTMENTS TO THE TASK FORCE , THE MANAGER
OF THE OFFICE FOR VICTIMS PROGRAMS AND THE CHIEF JUSTICE OF THE
COLORADO SUPREME COURT SHALL ENSURE THAT THE MEMBERSHIP OF THE
TASK FORCE INCLUDES INDIVIDUALS WHO REFLECT THE ETHNIC
, CULTURAL,
AND GENDER DIVERSITY OF THE STATE AND REPRESENT ALL AREAS OF THE
STATE
.
(6) T
HE MANAGER OF THE OFFICE FOR VICTIMS PROGRAMS AND THE
CHIEF JUSTICE OF THE
COLORADO SUPREME COURT SHALL SERVE AS
CO
-CHAIRS OF THE TASK FORCE FOR THE DURATION OF THE TASK FORCE . IN
THE EVENT OF A VACANCY OR AN UNFORESEEN CIRCUMSTANCE THAT
PREVENTS A CO
-CHAIR FROM CARRYING OUT THE CO -CHAIR'S DUTIES, THE
TASK FORCE SHALL NOMINATE AND ELECT A REPLACEMENT CO
-CHAIR AT THE
NEXT MEETING
.
PAGE 3-HOUSE BILL 23-1108 (7) THE TERM OF EACH APPOINTMENT TO THE TASK FORCE IS FOR THE
DURATION OF THE TASK FORCE
. A VACANCY MUST BE FILLED AS SOON AS
POSSIBLE BY THE MANAGER OF THE OFFICE FOR VICTIMS PROGRAMS OR THE
CHIEF JUSTICE OF THE
COLORADO SUPREME COURT .
(8) T
HE MANAGER OF THE OFFICE FOR VICTIMS PROGRAMS AND THE
CHIEF JUSTICE OF THE
COLORADO SUPREME COURT SHALL MAKE THEIR
APPOINTMENTS ON OR BEFORE
JULY 1, 2023. IN MAKING APPOINTMENTS TO
THE TASK FORCE
, THE MANAGER OF THE OFFICE FOR VICTIMS PROGRAMS AND
THE CHIEF JUSTICE OF THE
COLORADO SUPREME COURT SHALL ENSURE THAT
THE APPOINTEES INCLUDE INDIVIDUALS WHO HAVE EXPERIENCE WITH OR
INTEREST IN THE TASK FORCE STUDY AREAS SET FORTH IN SUBSECTIONS
(11)
AND (12) OF THIS SECTION.
(9) M
EMBERS OF THE TASK FORCE SERVE WITHOUT COMPENSATION .
H
OWEVER, MEMBERS OF THE TASK FORCE MAY RECEIVE REIMBURSEMENT
FOR ACTUAL AND NECESSARY EXPENSES ASSOCIATED WITH THEIR DUTIES ON
THE TASK FORCE
.
(10) T
HE TASK FORCE SHALL CONVENE ITS FIRST MEETING NO LATER
THAN
JULY 15, 2023. THE TASK FORCE SHALL MEET AT LEAST FOUR TIMES
BUT NOT MORE THAN TEN TIMES
. THE TASK FORCE SHALL CONVENE ITS FINAL
MEETING NO LATER THAN
JANUARY 15, 2024.
(11) T
HE TASK FORCE SHALL, AT A MINIMUM, DETERMINE AND
ANALYZE THE FOLLOWING
:
(a) C
URRENT JUDICIAL TRAINING AROUND THE COUNTRY ON TOPICS
RELATED TO SEXUAL ASSAULT
, HARASSMENT, STALKING, AND DOMESTIC
VIOLENCE
;
(b) G
APS IN CURRENT TRAINING IN COLORADO AND HOW TO FILL
THOSE GAPS
;
(c) B
EST PRACTICES TO PROMOTE TRAUMA -INFORMED PRACTICES
AND APPROACHES IN THE COURTS
;
(d) S
TRATEGIES TO ENSURE TRAINING IS EFFECTIVE FOR LEARNING
ABOUT VICTIMS AND SURVIVORS AND THE IMPACT THAT CRIME
, DOMESTIC
VIOLENCE
, AND SEXUAL ASSAULT HAVE ON VICTIMS AND SURVIVORS , AND
PAGE 4-HOUSE BILL 23-1108 THAT INCLUDES INFORMATION ON TRAUMA AND METHODS TO MINIMIZE
RETRAUMATIZATION OF VICTIMS AND SURVIVORS
;
(e) A
PPROACHES TO BEST PROVIDE TRAINING ON GENDER -BASED
VIOLENCE AND ISSUES AFFECTING MARGINALIZED COMMUNITIES
;
(f) T
HE AMOUNT OF TRAINING JUDICIAL PERSONNEL CURRENTLY
RECEIVE CONCERNING THE PROTECTION OF THE RIGHTS OF VICTIMS IN ORDER
TO ENSURE ANY IMPLEMENTED TRAINING EMPHASIZES THAT THE RIGHTS OF
VICTIMS ARE TO BE PROTECTED AS VIGOROUSLY AS THE RIGHTS OF
DEFENDANTS
;
(g) T
HE SCOPE OF JUDICIAL EDUCATION OPPORTUNITIES ALREADY
PROVIDED TO JUDGES RELATED TO DOMESTIC VIOLENCE
, THE RIGHTS OF
VICTIMS
, CASE MANAGEMENT, DOMESTIC RELATIONS DOCKETS, DEPENDENCY
AND NEGLECT DOCKETS
, JUVENILE PROCEEDINGS , AND CRIMINAL
PROCEEDINGS
;
(h) T
HE RESOURCES NECESSARY TO PROVIDE ADDITIONAL JUDICIAL
EDUCATION
;
(i) T
HE RESOURCES NECESSARY TO ALLOW JUDGES TO PARTICIPATE
IN ADDITIONAL EDUCATION
; AND
(j) ANY OTHER TOPIC OR CONCERN THE TASK FORCE BELIEVES IS
NECESSARY TO ADEQUATELY STUDY TRAINING FOR JUDICIAL PERSONNEL
REGARDING VICTIMS AND SURVIVORS OF DOMESTIC VIOLENCE
, SEXUAL
ASSAULT
, AND OTHER CRIMES.
(12) I
N ADDITION TO THE TOPIC AREAS SPECIFIED IN SUBSECTION (11)
OF THIS SECTION, THE TASK FORCE SHALL ENSURE THE TRAINING
RECOMMENDATIONS COMPLY WITH THE FEDERAL
"KEEPING CHILDREN SAFE
FROM FAMILY VIOLENCE ACT", 34 U.S.C. SEC. 10446, AS AMENDED. AT A
MINIMUM
, THE PORTION OF THE TRAINING THAT IMPLEMENTS THESE FEDERAL
REQUIREMENTS MUST
:
(a) B
E PROVIDED TO ANY JUDGE OR MAGISTRATE WHO PRESIDES
OVER PARENTAL RESPONSIBILITY PROCEEDINGS
;
(b) I
NCLUDE NO LESS THAN TWENTY HOURS OF INITIAL TRAINING AND
PAGE 5-HOUSE BILL 23-1108 NO LESS THAN FIFTEEN HOURS OF ONGOING TRAINING EVERY FIVE YEARS ;
(c) F
OCUS ON DOMESTIC VIOLENCE AND CHILD ABUSE , INCLUDING:
(I) C
HILD SEXUAL ABUSE;
(II) P
HYSICAL AND EMOTIONAL ABUSE ;
(III) C
OERCIVE CONTROL;
(IV) I
MPLICIT AND EXPLICIT BIAS, INCLUDING BIAS RELATING TO
INDIVIDUALS WITH DISABILITIES
;
(V) T
RAUMA;
(VI) L
ONG-TERM AND SHORT-TERM IMPACTS ON CHILDREN; AND
(VII) VICTIM AND PERPETRATOR BEHAVIORAL PATTERNS AND
RELATIONSHIP DYNAMICS
;
(d) B
E CONDUCTED BY A PROFESSIONAL TRAINER WHO HAS
SUBSTANTIAL EXPERIENCE IN ASSISTING SURVIVORS OF DOMESTIC VIOLENCE
OR CHILD ABUSE AND WHO MAY BE A PROFESSIONAL REPRESENTING A VICTIM
SERVICES PROVIDER OR A SURVIVOR WITH LIVED EXPERIENCE OF DOMESTIC
VIOLENCE OR PHYSICAL OR SEXUAL ABUSE AS A CHILD
. IN CONDUCTING THE
TRAINING
, THE PROFESSIONAL TRAINER SHALL RELY ON EVIDENCE -BASED
AND PEER
-REVIEWED RESEARCH CONDUCTED BY RECOGNIZED EXPERTS THAT
FOCUSES ON THE TYPES OF ABUSE DESCRIBED IN SUBSECTION
(12)(c) OF THIS
SECTION AND SHALL ONLY INCLUDE THEORIES
, CONCEPTS, OR BELIEF
SYSTEMS IN THE REQUIRED TRAINING THAT ARE SUPPORTED BY
EVIDENCE
-BASED AND PEER-REVIEWED RESEARCH; AND
(e) BE DESIGNED TO IMPROVE THE ABILITY OF COURTS TO :
(I) R
ECOGNIZE AND RESPOND TO PHYSICAL ABUSE OF A CHILD ,
SEXUAL ASSAULT OF A CHILD, DOMESTIC VIOLENCE, AND FAMILY TRAUMA;
AND
(II) MAKE APPROPRIATE CUSTODY DECISIONS THAT PRIORITIZE CHILD
SAFETY AND WELL
-BEING AND THAT ARE CULTURALLY SENSITIVE AND
PAGE 6-HOUSE BILL 23-1108 APPROPRIATE FOR DIVERSE COMMUNITIES .
(13) T
HE TASK FORCE MAY WORK WITH OTHER GROUPS , TASK
FORCES
, OR ORGANIZATIONS THAT HAVE EXPERIENCE WITH THE TOPICS THE
TASK FORCE IS RESPONSIBLE FOR STUDYING
.
(14) (a) T
HE TASK FORCE MAY FORM WORKING GROUPS IN ADDITION
TO THE WORKING GROUP DESCRIBED IN SUBSECTION
(14)(b) OF THIS SECTION
TO FURTHER THE PURPOSE OF THE TASK FORCE
.
(b) T
HE TASK FORCE SHALL ESTABLISH A WORKING GROUP TO
ANALYZE AND DETERMINE TRAINING ST ANDARDS FOR JUDICIAL PERSONNEL
REGARDING DOMESTIC RELATIONS CASES THAT INCLUDES
, BUT IS NOT
LIMITED TO
, TOPICS RELATED TO PARENTING ISSUES , ISSUES REGARDING
RELATIONS WITHIN A FAMILY OR HOUSEHOLD
, PHYSICAL AND MENTAL
HEALTH CHALLENGES THAT MAY IMPACT FAMILIES
, ISSUES THAT MAY
IMPACT THE RELATIONSHIP BETWEEN A CHILD AND FAMILY MEMBERS
, AND
IDENTIFICATION AND MANAGEMENT OF FAMILY CONFLICT
. THE WORKING
GROUP MUST ALSO CONSIDER THE DATA DESCRIBED IN SUBSECTION
(14)(c)
OF THIS SECTION.
(c) T
HE OFFICE OF THE STATE COURT ADMINISTRATOR SHALL
PROVIDE THE FOLLOWING DATA TO THE WORKING GROUP AS SOON AS
PRACTICABLE BUT NOT LATER THAN
NOVEMBER 1, 2023:
(I) T
HE NUMBER OF DOMESTIC RELATIONS CASES IN EACH JUDICIAL
DISTRICT AND THE NUMBER OF DOMESTIC RELATIONS CASES AS A
PERCENTAGE OF THE TOTAL NUMBER OF CASES IN EACH DISTRICT
;
(II) T
HE NUMBER OF CASES IN EACH JUDICIAL DISTRICT IN WHICH A
PARTY SEEKS TO REOPEN A CLOSED DOMESTIC RELATIONS CASE
; AND
(III) THE STATUS OF REPRESENTATION FOR PARTIES IN DOMESTIC
RELATIONS CASES IN EACH JUDICIAL DISTRICT
, INCLUDING:
(A) T
HE NUMBER OF CASES IN WHICH BOTH PARTIES WERE
REPRESENTED BY COUNSEL AT THE COMMENCEMENT OF THE CASE AND THE
NUMBER OF CASES IN WHICH ONLY ONE PARTY WAS REPRESENTED BY
COUNSEL AT THE COMMENCEMENT OF THE CASE
;
PAGE 7-HOUSE BILL 23-1108 (B) THE NUMBER OF CASES IN WHICH THERE WAS A SUBSEQUENT
ENTRY OF APPEARANCE BY COUNSEL IN A CASE IN WHICH ONE OR BOTH
PARTIES PROCEEDED WITHOUT REPRESENTATION BY COUNSEL AT THE
COMMENCEMENT OF THE CASE
;
(C) T
HE NUMBER OF CASES IN WHICH THERE WAS A WITHDRAWAL BY
COUNSEL
; AND
(D) THE NUMBER OF CASES IN WHICH AN ATTORNEY WAS NOT
COUNSEL OF RECORD BUT PROVIDED SERVICES TO A PARTY TO THE CASE
.
(d) T
HE FAMILY LAW ATTORNEY THAT SERVES ON THE TASK FORCE
SHALL SERVE AS CHAIR OF THE WORKING GROUP
.
(e) T
HE CO-CHAIRS OF THE TASK FORCE SHALL APPOINT THE
FOLLOWING MEMBERS TO SERVE ON THE WORKING GROUP
:
(I) O
NE ACTIVELY PRACTICING MENTAL HEALTH PROFESSIONAL WITH
TESTIMONIAL OR DISPUTE RESOLUTION PRACTICE IN DOMESTIC RELATIONS
CASES
, RECOMMENDED BY THE CHIEF JUSTICE OF THE COLORADO SUPREME
COURT FROM AMONG CANDIDATES RECOMMENDED BY THE
COLORADO BAR
ASSOCIATION
;
(II) T
WO FAMILY LAW ATTORNEYS LICENSED TO PRACTICE LAW IN
COLORADO, RECOMMENDED BY THE COLORADO BAR ASSOCIATION ;
(III) O
NE ACTIVELY PRACTICING FINANCIAL PROFESSIONAL WITH
TESTIMONIAL OR DISPUTE RESOLUTION PRACTICE IN DOMESTIC RELATIONS
CASES
, RECOMMENDED BY THE CHIEF JUSTICE OF THE COLORADO SUPREME
COURT FROM AMONG C ANDIDATES RECOMMENDED BY THE FAMILY LAW
SECTION OF THE
COLORADO BAR ASSOCIATION ; AND
(IV) THE CHIEF JUSTICE OF THE COLORADO SUPREME COURT OR THE
CHIEF JUSTICE
'S DESIGNEE.
(f) O
N OR BEFORE NOVEMBER 1, 2023, THE WORKING GROUP SHALL
CREATE A REPORT THAT INCLUDES RECOMMENDATIONS ON TRAINING
STANDARDS REGARDING DOMESTIC RELATIONS AND SUBMIT THE REPORT TO
THE TASK FORCE FOR REVIEW
.
PAGE 8-HOUSE BILL 23-1108 (15) ON OR BEFORE FEBRUARY 1, 2024, THE TASK FORCE SHALL
SUBMIT A REPORT
, INCLUDING ITS FINDINGS AND RECOMMENDATIONS ON
CONSIDERATIONS AND GUIDANCE IDENTIFIED IN SUBSECTIONS
(11) AND (12)
OF THIS SECTION AND FROM THE WORKING GROUP ESTABLISHED IN
SUBSECTION
(14) OF THIS SECTION TO THE HOUSE OF REPRESENTATIVES
JUDICIARY COMMITTEE AND THE SENATE JUDICIARY COMMITTEE
, OR THEIR
SUCCESSOR COMMITTEES
, AND THE JUDICIAL DEPARTMENT . ALL
RECOMMENDATIONS MADE BY THE TASK FORCE MUST BE APPROVED BY A
MAJORITY OF THE TASK FORCE MEMBERS IN ORDER TO BE INCLUDED IN THE
REPORT
.
(16) T
HIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2024.
SECTION 2. Appropriation. For the 2023-24 state fiscal year,
$11,900 is appropriated to the department of public safety for use by the
division of criminal justice. This appropriation is from the general fund. To
implement this act, the division may use this appropriation for DCJ
administrative services.
SECTION 3. Safety clause. The general assembly hereby finds,
PAGE 9-HOUSE BILL 23-1108 determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety.
____________________________ ____________________________
Julie McCluskie Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 10-HOUSE BILL 23-1108