(1) (a)
There is created in the department of public safety the Colorado human trafficking
council, referred to within this section as the council. The purpose of the council is
to bring together leadership from community-based and statewide anti-trafficking
efforts, to build and enhance collaboration among communities and counties within
the state, to establish and improve comprehensive services for victims and
survivors of human trafficking, to assist in the successful prosecution of human
traffickers, and to help prevent human trafficking in Colorado.
(b) The membership of the council must reflect, to the extent possible,
representation of urban and rural areas of the state and a balance of expertise,
both governmental and nongovernmental, in issues relating to human trafficking.
The council must include members with expertise in child welfare and human
services to address the unique needs of child victims, including those child victims
who are involved in the child welfare system. The membership of the council
consists of the following persons, appointed as follows:
(I) Two representatives from the department of human services, each to be
appointed by the executive director of the department of human services;
(II) A representative of the department of law, to be appointed by the
attorney general;
(III) A representative of the state department of labor and employment, to be
appointed by the executive director of the department of labor and employment;
(IV) A representative of the division of the Colorado state patrol that
addresses human smuggling and human trafficking pursuant to section 24-33.5-211, C.R.S., to be appointed by the executive director of the department of public
safety;
(V) A representative of a statewide association of police chiefs, to be
appointed by the governor or his or her designee;
(VI) A representative of a statewide association of county sheriffs, to be
appointed by the governor or his or her designee;
(VII) A representative of a statewide coalition for victims of sexual assault, to
be appointed by the governor or his or her designee;
(VIII) A representative of a statewide organization that provides services to
crime victims, to be appointed by the governor or his or her designee;
(IX) A representative of a statewide immigrant rights organization, to be
appointed by the governor or his or her designee;
(X) A representative of a statewide organization of district attorneys, to be
appointed by the governor or his or her designee;
(XI) A representative of a statewide organization of criminal defense
attorneys, to be appointed by the governor or his or her designee;
(XII) At least three but not more than five persons, each representing a
regional or city-wide human trafficking task force or coalition, each to be appointed
by the governor or his or her designee;
(XIII) A representative of a nonprofit organization that facilitates the
treatment or housing of human trafficking victims, to be appointed by the governor
or his or her designee;
(XIV) A representative of a college or university department that conducts
research on human trafficking, to be appointed by the governor or his or her
designee;
(XV) A representative of a statewide organization that provides legal
advocacy to abused, neglected, and at-risk children, to be appointed by the
governor or his or her designee;
(XVI) Two representatives of organizations that provide direct services to
victims of human trafficking, to be appointed by the governor or his or her designee;
(XVII) One representative of a faith-based organization that assists victims of
human trafficking, to be appointed by the governor or his or her designee;
(XVIII) Two persons, each of whom is a director of a county department of
human or social services, one from an urban county and the other from a rural
county, each appointed by the governor or his or her designee;
(XIX) One person who provides child welfare services for a county
department of human or social services, appointed by the governor or his or her
designee;
(XX) Four persons who are former victims of human trafficking, two who are
former victims of human trafficking for involuntary servitude and two who are
former victims of human trafficking for sexual servitude, each to be appointed by
the governor or his or her designee;
(XXI) A representative of a child advocacy center;
(XXII) One person to be appointed by the commissioner of agriculture;
(XXIII) One person representing the judicial branch, to be appointed by the
chief justice of the supreme court;
(XXIV) A representative of a statewide coalition for victims of domestic
violence, to be appointed by the governor or his or her designee; and
(XXV) One person who is a representative of an organization for victims of
labor trafficking or an individual who has extensive professional experience in
advocating for victims of labor trafficking, to be appointed by the governor or his or
her designee.
(2) The term of a council member expires on December 31 of the year the
term is set to expire. The succeeding appointee's term commences on the January 1
following the expiration of the preceding term. The members of the council shall
elect presiding officers for the council, including a chair and vice-chair, from among
the council members appointed pursuant to subsection (1) of this section, which
presiding officers shall serve terms of two years. Council members may reelect a
presiding officer.
(3) (a) Except as provided by subsection (3)(b) of this section, each council
member must serve at the pleasure of his or her appointing authority for a term of
four years. The appointing authority may reappoint the council member for an
additional term or terms. Council members must serve without compensation, with
the exception of the appointed survivor council members, who must receive an
hourly rate for the time for each council meeting attended, not to exceed eight
hours per meeting at the current applicable expert rate as stated in chief justice
directive 12-03. All council members may be reimbursed for actual travel expenses
incurred in the performance of their duties.
(b) Each council member appointed pursuant to subsections (1)(b)(I) to
(1)(b)(IV), (1)(b)(XXII), and (1)(b)(XXIII) of this section after May 20, 2019, must serve
at the pleasure of his or her appointing authority for a term of three years. The
appointing authority may reappoint the council member for an additional term or
terms. Council members must serve without compensation but may be reimbursed
for actual travel expenses incurred in the performance of their duties.
(4) The council shall meet at least four times each year and shall carry out
the following duties:
(a) On or before January 1, 2016, make recommendations to the judiciary
committees of the house of representatives and senate, or any successor
committees, concerning:
(I) Repealed.
(II) Whether the general assembly should establish a grant program for
organizations that provide services to victims of human trafficking, including
consideration of how such a grant program may be funded; and
(III) Whether the general assembly should enact legislation concerning:
(A) The prosecution of or granting of immunity to a child victim of
commercial sexual exploitation for offenses related to that exploitation;
(B) The creation of other legal protections, including statutory defenses for
child victims of commercial sexual exploitation for offenses related to that
exploitation and the creation of any necessary changes to title 19, C.R.S., to
implement those legal protections or defenses; or
(C) Standards, guidelines, or mandates regarding the appropriate
assessment, placement, and treatment of child victims of commercial sexual
exploitation through title 19, C.R.S., including but not limited to the use of locked
placement;
(a.5) The recommendations submitted pursuant to paragraph (a) of this
subsection (4) must include a full explanation of each recommendation with a
discussion of the benefits of each recommendation, any problems that might be
encountered, and how those problems, if any, might be mitigated.
(b) On or before January 1, 2017, and on or before January 17 of each year
thereafter, submit a report to the judiciary committees of the house of
representatives and senate, or any successor committees, summarizing the
activities of the council during the preceding year;
(c) Consider and make, as it deems necessary, recommendations to the
judiciary committees of the house of representatives and senate, or to any
successor committees, concerning any statutory changes that the council deems
necessary to facilitate the prosecution and punishment of persons who engage in,
and to protect the victims of, human trafficking;
(d) Develop an implementation plan for a public awareness campaign to
educate the public about human trafficking and place victims services contact
information in places where victims of human trafficking are likely to see it;
(e) Develop training standards and curricula for organizations that provide
assistance to victims of human trafficking, for persons who work in or who frequent
places where human trafficking victims are likely to appear, and for law
enforcement agencies;
(f) Identify best practices for the prevention of all forms of human
trafficking, including but not limited to child sex trafficking and involuntary
servitude trafficking;
(g) Collect data relating to the prevalence of, and the efforts of law
enforcement to combat, human trafficking in Colorado. The council shall annually
report the data to the judiciary committees of the house of representatives and
senate, or to any successor committees.
(h) Research and pursue funding opportunities for the council;
(i) On or after January 1, 2019, perform a post-enactment review of section
18-7-201.3 and report its findings to the judiciary committees of the senate and
house of representatives, or any successor committees.
(5) The department of public safety is authorized to accept and expend gifts,
grants, and donations for the purpose of assisting the council in fulfilling its duties
pursuant to this section.
(6) This section is repealed, effective September 1, 2031. Before repeal, the
department of regulatory agencies shall review the council pursuant to section 2-3-1203.