HB-5843, As Passed House, December 14, 2016

HB-5843, As Passed Senate, December 14, 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).