Bill Text: MI HB4728 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Criminal procedure; defenses; legal aid for individuals in deportation proceedings; establish. Creates new act.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-06-13 - Bill Electronically Reproduced 06/08/2017 [HB4728 Detail]
Download: Michigan-2017-HB4728-Introduced.html
HOUSE BILL No. 4728
June 8, 2017, Introduced by Reps. Geiss, Hammoud, LaGrand, Love, Chang, Neeley, Peterson, Gay-Dagnogo, Sabo, Cochran, Rabhi, Wittenberg, Howrylak, Byrd, Sowerby, Moss, Green and Jones and referred to the Committee on Judiciary.
A bill to create the nonprofit legal organization contract
act; to create the nonprofit legal organization contract fund; to
provide for use of the fund; and to provide for the powers and
duties of certain state and local governmental officers and
entities.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known and may be cited as the
"nonprofit legal organization contract act".
Sec. 2. As used in this act:
(a) "Individual in removal proceedings" means an individual
who is in removal proceedings under section 240 of the federal
immigration and nationality act, 8 USC 1229a, before a federal
immigration judge that is located in this state, an individual who
is arrested by Immigration and Customs Enforcement within this
state and placed in expedited removal proceedings, an individual
who is paroled into the United States at or near a port of entry in
this state for purposes of removal proceedings, any individual
detained by United States Customs and Border Protection at any port
of entry in this state, including, but not limited to, when the
port of entry is at an airport, on land, or at sea, or an
individual who is a party to an appeal made to the Board of
Immigration Appeals, the United States Sixth Circuit Court, or a
federal district court in this state arising from those
proceedings.
(b) "Legal services" means services provided by a licensed
attorney to an individual who is being detained for deportation
proceedings, beginning with the individual's initial detention
through a court's final deportation determination.
(c) "Legal training and technical assistance" includes, but is
not limited to, webinars, in-person trainings, mentoring, removal
defense boot camps, and technical assistance in the form of
answering questions via electronic mail, fax, or telephone from
organizations described in section 4(1) and their staff and
volunteers who assist individuals with removal defense.
(d) "Stakeholder" includes, but is not limited to, nonprofit
legal services organizations with experience in immigration removal
defense and nonprofit organizations with experience in public
policy impacting immigrants.
(e) "Violent felony" means that term as defined in section 36
of the corrections code of 1953, 1953 PA 232, MCL 791.236.
Sec. 3. (1) The state court administrative office shall either
contract directly with qualified nonprofit legal services
organizations, or contract with a nonprofit agency to administer
funding to nonprofit legal services organization subcontractors, to
provide legal services to individuals in removal proceedings who
are not otherwise entitled to legal representation under an
existing local, state, or federal program. The state court
administrative office may prioritize the award of contracts to
provide legal services for detained individuals in removal
proceedings. The state court administrative office may prioritize
the award of contracts to qualified nonprofit legal services
organizations that also receive county or city funding to provide
legal services to individuals in removal proceedings.
(2) The state court administrative office may consult with
stakeholders to determine the prioritization of funding based on
specified factors, including, but not limited to, the income of an
individual in removal proceedings. The state court administrative
office shall prioritize the award of contracts to provide legal
services for any of the following:
(a) Detained individuals who have a parent, spouse, or child
who is a citizen or legal permanent resident of the United States.
(b) Veterans of the United States military and their spouses.
(c) Individuals who have a claim for political asylum.
(d) Individuals who have longstanding ties to the United
States or who are eligible for relief under the federal deferred
action for childhood arrivals program. The state court
administrative office shall, in consultation with stakeholders,
define the term "longstanding ties" for the purposes of this
subdivision.
(3) The state court administrative office may request
proposals for agencies to act as the umbrella agency in order to
determine whether an umbrella agency model is more efficient than
contracting directly with individual organizations.
(4) Funds provided under a contract awarded under this section
must not be used to provide legal services to an individual who has
a final conviction for, or who is currently appealing a conviction
for, a violent felony.
Sec. 4. (1) A contract awarded under section 3 must be
executed either with a nonprofit agency that will administer
funding to nonprofit legal services organization subcontractors
that meet both of the following requirements, or directly with
nonprofit legal services organizations that meet both of the
following requirements:
(a) Have significant experience in representing individuals in
removal proceedings and asylum applications. As used in this
subdivision, "significant experience" means at least 1 of the
following:
(i) A minimum of 5 years of experience as an organization.
(ii) Experience as a federal subcontractor for immigration
representation.
(iii) Experience working with or under the supervision of an
organization, including a legal training or a technical assistance
organization, that has significant experience in removal defense.
(b) Are accredited by the Board of Immigration Appeals under
the United States Department of Justice's Executive Office for
Immigration Review.
(2) The state court administrative office may contract with
organizations that provide legal training and technical assistance
to other organizations qualified under subsection (1).
(3) Legal services organizations that provide legal training
and technical assistance must have at least 10 years of experience
conducting immigration legal services trainings and technical
assistance specifically on removal defense.
(4) The state court administrative office may contract with
organizations that provide postconviction relief services to
immigrants. Organizations with contracts under this subsection may
be criminal defense organizations that file postconviction relief
motions and petitions in this state.
(5) The state court administrative office may contract with
organizations that provide case coordination and placement services
to ensure that all individuals eligible for representation under a
contract entered into under section 3 or this section receive that
representation in a timely fashion.
Sec. 5. (1) The nonprofit legal organization contract fund is
created within the state treasury.
(2) The state treasurer may receive money or other assets from
any source for deposit into the fund. The state treasurer shall
direct the investment of the fund. The state treasurer shall credit
to the fund interest and earnings from fund investments.
(3) Money in the fund at the close of the fiscal year must
remain in the fund and must not lapse to the general fund.
(4) The state court administrative office shall be the
administrator of the fund for auditing purposes.
(5) The state court administrative office shall expend money
from the fund, upon appropriation, only for 1 or more of the
following purposes:
(a) To carry out its duties under this act.
(b) To award contracts as provided in section 3 and 4.
Enacting section 1. This act takes effect 90 days after the
date it is enacted into law.
