Bill Text: MI HB5843 | 2015-2016 | 98th Legislature | Engrossed
Bill Title: Courts; appointed counsel; Michigan indigent defense commission; reestablish in the department of licensing and regulatory affairs. Amends sec. 9 of 2013 PA 93 (MCL 780.989).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2016-12-31 - Assigned Pa 440'16 With Immediate Effect [HB5843 Detail]
Download: Michigan-2015-HB5843-Engrossed.html
HB5843, As Passed House, Sep, 22, 2016
HOUSE BILL No. 5843
September 8, 2016, Introduced by Rep. Howrylak and referred to the Committee on Criminal Justice.
A bill to amend 2013 PA 93, entitled
"Michigan indigent defense commission act,"
by amending section 9 (MCL 780.989).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 9. (1) The MIDC has the following authority and duties:
(a) Developing and overseeing the implementation, enforcement,
and modification of minimum standards, rules, and procedures to
ensure that indigent criminal defense services providing effective
assistance of counsel are consistently delivered to all indigent
adults in this state consistent with the safeguards of the United
States constitution, the state constitution of 1963, and this act.
(b) Investigating, auditing, and reviewing the operation of
indigent criminal defense services to assure compliance with the
commission's minimum standards, rules, and procedures. However, an
indigent criminal defense service that is in compliance with the
commission's minimum standards, rules, and procedures shall not be
required to provide indigent criminal defense services in excess of
those standards, rules, and procedures.
(c) Hiring an executive director and determining the
appropriate number of staff needed to accomplish the purpose of the
MIDC consistent with annual appropriations.
(d) Assigning the executive director the following duties:
(i) Establishing an organizational chart, preparing an annual
budget, and hiring, disciplining, and firing staff.
(ii) Assisting the MIDC in developing, implementing, and
regularly reviewing the MIDC's standards, rules, and procedures,
including, but not limited to, recommending to the MIDC suggested
changes to the criteria for an indigent adult's eligibility for
receiving criminal trial defense services under this act.
(e) Establishing procedures for the receipt and resolution of
complaints, and the implementation of recommendations from the
courts, other participants in the criminal justice system, clients,
and members of the public.
(f) Establishing procedures for the mandatory collection of
data
concerning the operation of the MIDC, each individual attorney
providing
indigent criminal defense services, each
indigent
criminal defense system, and the operation of indigent criminal
defense services.
(g) Establishing rules and procedures for indigent criminal
defense systems to apply to the MIDC for grants to bring the
system's delivery of indigent criminal defense services into
compliance with the minimum standards established by the MIDC.
(h) Establishing procedures for annually reporting to the
governor, legislature, and supreme court. The report required under
this subdivision shall include, but not be limited to,
recommendations for improvements and further legislative action.
(2) Upon the appropriation of sufficient funds, the MIDC shall
establish minimum standards to carry out the purpose of this act,
and
collect data from all indigent criminal defense systems. and
individual
attorneys providing indigent criminal defense services
to
adults. The MIDC shall propose
goals for compliance with the
minimum standards established under this act consistent with the
metrics established under this section and appropriations by this
state.
(3) In establishing and overseeing the minimum standards,
rules, and procedures described in subsection (1), the MIDC shall
emphasize the importance of indigent criminal defense services
provided to juveniles under the age of 17 who are tried in the same
manner as adults or who may be sentenced in the same manner as
adults and to adults with mental impairments.
(4) The MIDC shall be mindful that defense attorneys who
provide indigent criminal defense services are partners with the
prosecution, law enforcement, and the judiciary in the criminal
justice system.
(5) The commission shall establish procedures for the conduct
of its affairs and promulgate policies necessary to carry out its
powers and duties under this act.
House Bill No. 5843 as amended September 21, 2016
(6) Commission policies shall be placed in an appropriate
manual, made publicly available on a website, and made available to
all attorneys and professionals providing indigent criminal defense
services, the supreme court, the governor, the senate majority
leader, the speaker of the house of representatives, the senate and
house appropriations committees, and the senate and house fiscal
agencies.
[
]
Enacting section [1]. This amendatory act does not take effect
unless all of the following bills of the 98th Legislature are
enacted into law:
(a) Senate Bill No.____ or House Bill No. 5842 (request no.
06080'16).
(b) Senate Bill No.____ or House Bill No. 5844 (request no.
06475'16).
(c) Senate Bill No.____ or House Bill No. 5845 (request no.
06476'16).
(d) Senate Bill No.____ or House Bill No. 5846 (request no.
06477'16).
