2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 3 - OFFENSES AGAINST THE PERSON (§§ 18-3-101 — 18-3-602) › Part 5 - HUMAN TRAFFICKING AND SLAVERY (§§ 18-3-501 — 18-3-505) › Section 18-3-505 - Human trafficking council - created - duties - repeal

(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
.
Amended by 2024 Ch. 317,§ 3, eff. 5/31/2024.
Amended by 2024 Ch. 317,§ 2, eff. 5/31/2024.
Amended by 2022 Ch. 2, § 29, eff. 2/25/2022.
Amended by 2019 Ch. 233, § 1, eff. 5/20/2019.
Amended by 2018 Ch. 38, § 27, eff. 8/8/2018.
Amended by 2016 Ch. 64, § 1, eff. 8/10/2016.
Amended by 2015 Ch. 237, § 1, eff. 8/5/2015.
Amended by 2015 Ch. 107, § 2, eff. 4/16/2015.
Entire part 5 repealed and reenacted by 2014 Ch. 282, § 1, eff. 7/1/2014.
For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018.