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MI HB5842

Bill

Status

Passed

12/31/2016

Primary Sponsor

Kurt Heise

Click for details

Origin

House of Representatives

98th Legislature

AI Summary

  • Reestablishes the Michigan Indigent Defense Commission (MIDC) as an autonomous entity within the Department of Licensing and Regulatory Affairs with independent budgeting and personnel authority.

  • Requires the MIDC to propose minimum standards for local delivery of indigent criminal defense services that ensure effective assistance of counsel while respecting the Supreme Court's authority over court practice and procedure.

  • Establishes indigency eligibility criteria including a rebuttable presumption of financial hardship for defendants earning less than 140% of federal poverty guidelines, receiving public assistance, residing in public housing, or incarcerated.

  • Mandates minimum standards requiring defense counsel to have controlled caseloads, continuous representation throughout cases, continuing legal education, confidential meeting spaces, and systematic performance reviews.

  • Requires judicial review of approved minimum standards in the Court of Claims within 60 days, with effectiveness contingent on passage of House Bills 5843, 5844, 5845, and 5846.

Legislative Description

Courts; appointed counsel; Michigan indigent criminal defense commission; reestablish within the department of licensing and regulatory affairs. Amends secs. 3, 5 & 11 of 2013 PA 93 (MCL 780.983 et seq.).

State agencies (existing): licensing and regulatory affairs

Last Action

Assigned Pa 439'16 With Immediate Effect

12/31/2016

Committee Referrals

Judiciary10/18/2016
Criminal Justice9/8/2016

Full Bill Text

No bill text available