HB-5844, As Passed Senate, December 14, 2016

HOUSE BILL No. 5844

September 8, 2016, Introduced by Rep. Kesto and referred to the Committee on Criminal Justice.

A bill to amend 2013 PA 93, entitled

"Michigan indigent defense commission act,"

by amending section 13 (MCL 780.993).

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 13. (1) All indigent criminal defense systems and, at the

direction of the supreme court, attorneys engaged in providing

indigent criminal defense services shall cooperate and participate

with the MIDC in the investigation, audit, and review of their

indigent criminal defense services.

(2) An indigent criminal defense system may submit to the MIDC

an estimate of the cost of developing the plan and cost analysis

for implementing the plan under subsection (3) to the MIDC for

approval. Upon approval, the MIDC shall award the indigent criminal

defense system a grant to pay the approved costs for developing the

plan and cost analysis under subsection (3).

(3) No later than 180 days after a standard is approved by the

~~supreme court,~~ department, each indigent criminal defense system

shall submit a plan to the MIDC for the provision of indigent

criminal defense services in a manner as determined by the MIDC and

shall submit an annual plan for the following state fiscal year on

or before February 1 of each year. A plan submitted under this

subsection shall specifically address how the minimum standards

established by the MIDC under this act shall be met and shall

include a cost analysis. The standards to be addressed in the

annual plan are those ~~that the supreme court~~ approved not less than

60 days before the annual plan submission date. This cost analysis

shall include a statement of the funds in excess of the local

share, if any, necessary to allow its system to comply with the

MIDC's minimum standards.

(4) The MIDC shall approve or disapprove a plan or cost

analysis, or both a plan and cost analysis, submitted under

subsection (3), and shall do so within 60 calendar days of the

submission of the plan and cost analysis. If the MIDC disapproves

the plan, the cost analysis, or both the plan and the cost

analysis, the indigent criminal defense system shall consult with

the MIDC and submit a new plan, a new cost analysis, or both within

30 calendar days of the mailing date of the official notification

of the MIDC's disapproval. If after 3 submissions a compromise is

not reached, the dispute shall be resolved as provided in section

15.

(5) The MIDC shall submit a report to the governor, the senate

majority leader, the speaker of the house of representatives, and

the appropriations committees of the senate and house of

representatives requesting the appropriation of funds necessary to

implement the plan for each system approved by the MIDC. The

information used to create this report shall be made available to

the governor, the senate majority leader, the speaker of the house

of representatives, and the appropriations committees of the senate

and house of representatives.

(6) Except as provided in subsection (8), an indigent criminal

defense system shall maintain not less than its local share. If the

MIDC determines that funding in excess of the indigent criminal

defense system's share is necessary in order to bring its system

into compliance with the minimum standards established by the MIDC,

that excess funding shall be paid by this state. The legislature

shall appropriate to the MIDC the additional funds necessary for a

system to meet and maintain those minimum standards, which funds

shall be provided to indigent criminal defense systems through

grants as described in subsection (7).

(7) An indigent criminal defense system shall not be required

to provide funds in excess of its local share. The MIDC shall

provide grants to indigent criminal defense systems to assist in

bringing the systems into compliance with minimum standards

established by the MIDC.

(8) An indigent criminal defense system is not required to

expend its local share if the minimum standards established by the

MIDC may be met for less than that share, but the local share of a

House Bill No. 5844 as amended September 21, 2016

system that expends less than its local share under these

circumstances is not reduced by the lower expenditure.

(9) This state shall appropriate funds to the MIDC for grants

to the local units of government for the reasonable costs

associated with data required to be collected under this act that

is over and above the local unit of government's data costs for

other purposes.

(10) Within 180 days after receiving funds from the MIDC under

subsection (7), an indigent criminal defense system shall comply

with the terms of the grant in bringing its system into compliance

with the minimum standards established by the MIDC for effective

assistance of counsel.

(11) If an indigent criminal defense system is awarded no

funds for implementation of its plan under this act, the MIDC shall

nevertheless issue to the system a zero grant reflecting that it

will receive no grant funds.

(12) The MIDC may apply for and obtain grants from any source

to carry out the purposes of this act. All funds received by MIDC,

from any source, are state funds and shall be appropriated as

provided by law.

[

]

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).