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MI HB5845

Bill

Status

Passed

12/31/2016

Primary Sponsor

Vanessa Guerra

Click for details

Origin

House of Representatives

98th Legislature

AI Summary

  • Establishes mandatory mediation process when disputes arise between the Michigan Indigent Defense Commission (MIDC) and indigent criminal defense systems regarding plan approval, cost analysis, or compliance with the act.

  • Requires the state court administrator to appoint a mediator within 30 calendar days of a third disapproval notice, with mediation commencing within 30 days and concluding within 60 days, with costs split equally between parties.

  • Permits either party to seek equitable relief in circuit court within specified timeframes if mediation fails, including 60 days after MIDC approval of a plan or receipt of grant funds, or 30 days after a breach determination.

  • Allows courts to approve, reject, or modify submitted plans and cost analyses, and authorizes the state to provide indigent defense services if a system fails to comply, with the system paying a graduated percentage of state costs (10%-40% in years one through four, then a fixed amount thereafter).

  • Takes effect only upon enactment of House Bills 5842, 5843, 5844, and 5846.

Legislative Description

Courts; appointed counsel; Michigan indigent defense commission; reestablish in the department of licensing and regulatory affairs. Amends sec. 15 of 2013 PA 93 (MCL 780.995).

State agencies (existing): licensing and regulatory affairs

Last Action

Assigned Pa 442'16 With Immediate Effect

12/31/2016

Committee Referrals

Judiciary10/18/2016
Criminal Justice9/8/2016

Full Bill Text

No bill text available