As used in this part 7, unless the context requires otherwise:
(1) Department means the department of law.
(2) Repealed.
(3) Review board means the Colorado domestic violence fatality review board created in section 24-31-702.
(4) Review team means a local or regional domestic violence fatality review team.
Source: L. 2017: Entire part added, (SB 17-126), ch. 400, p. 2082, � 2, effective August 9. L. 2022: (2) repealed, (SB 22-100), ch. 143, p. 941, � 5, effective May 2.
24-31-702. Colorado domestic violence fatality review board - creation - membership - purpose - duties. (1) The Colorado domestic violence fatality review board is established in the department to:
(a) Examine data collected by review teams during the preceding year;
(b) Identify measures to help prevent domestic violence fatalities and near-death incidents;
(c) Establish uniform methods for collecting, analyzing, and storing data relating to domestic violence fatalities and near-death incidents; and
(d) Make annual policy recommendations concerning domestic violence to the general assembly.
(2) (a) The review board includes the attorney general or his or her designee, who shall act as chair, and at least seventeen but not more than twenty other members, to be appointed by the attorney general on or before October 1, 2017, as follows:
(I) A medical professional with forensic experience;
(II) A domestic violence advocate representing a shelter or other domestic violence service organizations, who may not testify without consent of a victim pursuant to section 13-90-107 (1)(k)(II);
(III) A criminal defense attorney;
(IV) A representative of a law enforcement agency;
(V) The executive director of the department of public health and environment, or his or her designee;
(VI) A representative of a city attorney's office in Colorado who has experience working with victims of domestic violence or prosecuting domestic violence offenders;
(VII) A representative of a statewide nonprofit organization that offers training and expert advice to domestic violence programs that serve survivors of domestic violence, dating violence, and stalking;
(VIII) A representative of the department of human services' adult protection services;
(IX) A representative of the department of human services' child protection services;
(X) A representative of a probation, parole, or community corrections program;
(XI) A representative designated by the Colorado district attorneys' council;
(XII) A representative of a domestic violence treatment provider specializing in offender treatment;
(XIII) Two domestic violence survivors;
(XIV) A representative of the domestic violence offender management board created in section 16-11.8-103;
(XV) A representative of the Denver metro domestic violence fatality review committee;
(XVI) A judge or magistrate; and
(XVII) Such other members as the attorney general may determine, whose contributions would be valuable to the work of the review board; except that the attorney general may not appoint more than two members pursuant to this subsection (2)(a)(XVII).
(b) The review board must, to the extent practicable:
(I) Include members from throughout the state;
(II) Include members with disabilities;
(III) Reflect the ethnic diversity of the state; and
(IV) Include members who have knowledge of and experience with domestic violence.
(c) Members of the review board, other than the attorney general, serve for four-year terms and are eligible for reappointment no more than two times at the expiration of a four-year term.
(d) Members of the review board serve without compensation but may receive per diem and reimbursement for costs, subject to the availability of funds.
(e) The attorney general may fill any vacancies on the review board at any time.
(f) Before commencing service on the review team, each member shall submit the member's fingerprints to the Colorado bureau of investigation for the purposes of a criminal background check. The bureau shall forward the results of each background check to the attorney general. When the results of a fingerprint-based criminal history record check of a member performed pursuant to this section reveal a record of arrest without a disposition, the attorney general shall require that member to submit to a name-based judicial record check, as defined in section 22-2-119.3 (6)(d).
(3) The review board shall convene its first meeting on or before November 1, 2017, and shall meet thereafter as determined by the membership.
(4) The review board shall coordinate with review teams to collect data, review and analyze the data, and prepare recommendations for the general assembly. The review board shall submit a written report of its recommendations to the health and human services and judiciary committees of the senate and the public health care and human services and judiciary committees of the house of representatives, or any successor committees, on or before December 1, 2018, and on or before December 1 each year thereafter. Notwithstanding the provisions of section 24-1-136 (11)(a)(I), the report required in this subsection (4) expires on September 1, 2022. The review board shall make the report available to the public on the department's website. The report may include, but is not limited to, the following:
(a) Recommendations for improving communication between public and private organizations and agencies;
(b) The number of domestic violence fatalities and near-death incidents that occurred in each county during the preceding year and the factors associated with each fatality;
(c) Recommendations for:
(I) Reducing the incidence of domestic violence in the state; and
(II) Improving responses to domestic violence incidents by the legal system and by communities; and
(d) Recommendations directed at primary prevention of domestic violence.
(5) Case review data will be stored in the manner determined by the review board. The review board shall work with review teams to incorporate and maintain existing data collection methods.
(6) In addition to collaborating with review teams, the review board may collaborate with other agencies or organizations to fulfill its duties pursuant to this part 7.
(7) Notwithstanding any provision of this section, the review board is authorized to review case data only from cases that have been closed by each law enforcement agency that investigated or prosecuted each such case.
(8) The review board shall provide technical assistance and training to local governments as needed to help establish and maintain a review team and shall provide technical assistance and training to existing review teams as needed.
(9) The review board shall pursue implementation of any review board recommendations pertaining, but not limited to:
(a) Improving communication and information-sharing between public and private organizations and agencies as to domestic violence incidents and risk;
(b) Reducing the incidence of domestic violence and domestic violence fatalities in the state; and
(c) Improving responses to domestic violence incidents.
(10) The review board shall provide any necessary coordination between local governments and organizations to assist with domestic violence prevention and responses to fatalities.
(11) The review board shall make a recommendation in its 2022 annual written report whether and how diversity, equity, and inclusion training could be provided for individuals who provide initial call response functions and could be provided for local boards who may conduct a fatality review to create greater trust between local agencies and victims of domestic violence.
(12) (a) The review board shall coordinate with stakeholders to develop best practices for collecting data on domestic violence-related fatalities.
(b) The review board and local review teams shall coordinate to implement effective information-sharing related to identified domestic violence fatalities.
(13) (a) The review board shall perform outreach to local governments and organizations to promote the development of local review teams.
(b) The review board shall prioritize development and support of local review teams in underserved and rural communities.
Source: L. 2017: Entire part added, (SB 17-126), ch. 400, p. 2082, � 2, effective August 9. L. 2019: (2)(f) amended, (HB 19-1166), ch. 125, p. 550, � 31, effective April 18. L. 2022: (2)(f) amended, (HB 22-1270), ch. 114, p. 522, � 33, effective April 21; (8), (9), (10), (11), (12), and (13) added, (SB 22-100), ch. 143, p. 939, � 1, effective May 2.
24-31-703. Local and regional domestic violence fatality review teams - creation - membership - purpose - duties. (1) A city, county, or district court may establish a review team to review fatal and near-fatal incidents of domestic violence, related domestic violence matters, and suicides related to domestic abuse.
(2) In establishing a review team, a city, county, or district court, to the extent practicable, shall select team members with subject-matter expertise from the following entities, with an attempt to reflect the racial and ethnic makeup of the city, county, or judicial district:
(a) Appropriate county departments;
(b) Domestic violence service providers;
(c) Law enforcement agencies;
(d) Prosecutors' offices;
(e) One or more county departments of public health;
(f) One or more county departments of human or social services;
(g) One or more coroner's offices or county medical examiner's offices or designees thereof;
(h) Batterer intervention services providers;
(i) The local parole division of the state board of parole;
(j) The local probation department;
(k) Hospitals;
(l) Judges of the county and district courts;
(m) Clerks of the county and district courts; and
(n) Survivors of domestic violence.
(3) (a) Each review team shall collect data on domestic violence fatalities and near-death incidents, conduct individual case reviews of domestic violence fatalities and near-death incidents, document case characteristics of those case reviews, and report this information to their communities and to the review board.
(b) Each review team shall determine its own structure and activities; except that, to ensure statewide consistency, each review team shall use any uniform method for collecting, analyzing, or storing data that is established by the review board pursuant to section 24-31-702 (1)(c).
(c) Each review team shall determine which incidents to review. A review by a review team may include examination and consideration of:
(I) Events leading up to the domestic violence incident;
(II) Available resources of the criminal legal system and community;
(III) Current laws and policies;
(IV) Actions taken by individuals and agencies, including individuals and agencies of the criminal justice and human services systems, related to the incident and the parties; and
(V) Any other information or action deemed relevant by the review team, including a review of public records and records for which public records exemptions are granted.
(4) Each review team shall submit data and recommendations to the review board:
(a) On or before September 1 of each year following the year in which the review team was established; or
(b) In the case of a review team in existence on August 9, 2017, on or before September 1, 2018, and on or before September 1 each year thereafter.
(5) (a) Notwithstanding subsection (1) of this section, no more than one review team may be created in any judicial district. Review teams in existence on August 9, 2017, are recognized as review teams under this part 7.
(b) Nothing in this section requires the formation of a review team.
(6) If a local or regional child fatality prevention review team is created in a judicial district pursuant to section 25-20.5-404, it may operate as a domestic violence review team pursuant to this section, so long as it:
(a) Uses a uniform method for collecting, analyzing, or storing data that is established by the review board pursuant to section 24-31-702 (1)(c); and
(b) Includes domestic violence expertise from entities described in subsection (2) of this section.
(7) Notwithstanding any provision of this section, a local or regional child fatality prevention review team is authorized to review case data only from cases that have been closed by each law enforcement agency that investigated or prosecuted each such case.
Source: L. 2017: Entire part added, (SB 17-126), ch. 400, p. 2085, � 2, effective August 9.