A bill to amend 2013 PA 93, entitled “Michigan indigent defense commission act,” by amending the title and sections 3, 5, 7, 9, 11, 13, 15, 17, 21, and 23 (MCL 780.983, 780.985, 780.987, 780.989, 780.991, 780.993, 780.995, 780.997, 780.1001, and 780.1003), section 3 as amended by 2019 PA 108, sections 5, 9, 11, 13, 15, and 17 as amended by 2018 PA 214, and section 7 as amended by 2018 PA 443.
This bill seeks to amend the Michigan Indigent Defense Commission Act (2013 PA 93) to improve legal representation for indigent defendants in criminal and juvenile cases. The bill aims to ensure compliance with state and federal standards for effective counsel by defining essential terms, outlining defense services, and mandating the Michigan Indigent Defense Commission (MIDC) to propose minimum standards for these services. The MIDC, an independent body with 19 voting members appointed by the governor, is tasked with managing objections and amendments to these standards, ensuring public involvement, and adhering to approval processes, including public hearings and judicial review.
The legislation emphasizes services for youth and adults with mental impairments, promotes legal system collaboration, and includes provisions for establishing minimum standards to ensure the independence of indigent defense services, control defense counsel's workload, match defense counsel's ability with case complexity, and ensure continuous representation. It also outlines the MIDC's role in establishing standards for indigency determinations, training quality, and operating a clearinghouse for experts and investigators. Indigent defense systems must submit annual plans with a cost analysis for MIDC approval, detailing compliance with MIDC standards.
Furthermore, the bill details financial responsibilities and appropriations, highlighting that the state is responsible for excess funding required for an indigent defense system to meet and maintain minimum standards, with the legislature intending to fund all minimum standards within three years of adoption. It introduces a mediation process for disputes between the MIDC and an indigent defense system regarding plan approval or cost analysis, with specific resolution procedures, including court action for equitable relief under certain conditions. This structured approach aims to resolve disagreements and implement approved plans and cost analyses effectively. Additionally, it clarifies that violations of MIDC rules that do not constitute ineffective assistance of counsel under the United States Constitution or the state constitution do not constitute grounds for a conviction to be reversed or a judgment to be modified for ineffective assistance of counsel.
Co-sponsored by Sens.
Referred to the Committee on Civil Rights, Judiciary, and Public Safety
Reported with substitute S-1
Referred to the Committee of the Whole
Referred to the Committee on Civil Rights, Judiciary, and Public Safety
