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MI HB5985
Bill
Status
8/15/2018
Primary Sponsor
Robert VerHeulen
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AI Summary
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Establishes the Michigan Indigent Defense Commission (MIDC) as an autonomous entity within the Department of Licensing and Regulatory Affairs to develop and oversee minimum standards for indigent criminal defense services statewide.
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Creates an 18-member MIDC appointed by the governor from nominations submitted by the legislature, courts, bar associations, and other stakeholder organizations, with members serving staggered 4-year terms.
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Requires each indigent criminal defense system to submit compliance plans addressing how they will meet MIDC minimum standards and submit cost analyses within 180 days of standard approval; MIDC must approve or disapprove plans within 90 days.
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Establishes funding structure where local units of government maintain their historical "local share" baseline expenditure, with the state providing grants for additional costs needed to achieve MIDC compliance standards through appropriations.
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Creates dispute resolution procedures including mediation and circuit court equitable relief, allowing courts to order the MIDC to provide defense services on behalf of non-compliant systems with escalating cost-sharing obligations over 5 years.
Legislative Description
Criminal procedure; indigent defense; Michigan indigent defense commission; modify. Amends secs. 3, 5, 7, 9, 11, 13, 15 & 17 of 2013 PA 93 (MCL 780.983 et seq.) & adds sec 22.
Criminal procedure: indigent defense
Last Action
Assigned Pa 214'18 With Immediate Effect
8/15/2018