HB-5845, As Passed Senate, December 14, 2016
September 8, 2016, Introduced by Rep. Guerra and referred to the Committee on Criminal Justice.
A bill to amend 2013 PA 93, entitled
"Michigan indigent defense commission act,"
by amending section 15 (MCL 780.995).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
15. (1) If Except as
provided in section 5, if a dispute
arises between the MIDC and an indigent criminal defense system
concerning the requirements of this act, including a dispute
concerning the approval of an indigent criminal defense system's
plan, cost analysis, or compliance with section 13 or 17, the
parties shall attempt to resolve the dispute by mediation. The
state court administrator, as authorized by the supreme court,
shall appoint a mediator agreed to by the parties within 30
calendar days of the mailing date of the official notification of
the third disapproval by the MIDC under section 13(4) to mediate
the dispute and shall facilitate the mediation process. The MIDC
shall immediately send the state court administrative office a copy
of the official notice of that third disapproval. If the parties do
not agree on the selection of the mediator, the state court
administrator, as authorized by the supreme court, shall appoint a
mediator of his or her choosing. Mediation shall commence within 30
calendar days after the mediator is appointed and terminate within
60 calendar days of its commencement. Mediation costs associated
with mediation of the dispute shall be paid equally by the parties.
(2) If the parties do not come to a resolution of the dispute
during mediation under subsection (1), all of the following apply:
(a) The mediator may submit his or her recommendation of how
the dispute should be resolved to the MIDC within 30 calendar days
of the conclusion of mediation for the MIDC's consideration.
(b) The MIDC shall consider the recommendation of the
mediator, if any, and shall approve a final plan or the cost
analysis, or both, in the manner the MIDC considers appropriate
within 30 calendar days, and the indigent criminal defense system
shall implement the plan as approved by the MIDC.
(c) The indigent criminal defense system that is aggrieved by
the final plan, cost analysis, or both, may bring an action seeking
equitable relief as described in subsection (3).
(3) The MIDC, or an indigent criminal defense system may bring
an action seeking equitable relief in the circuit court only as
follows:
(a) Within 60 days after the MIDC's issuance of an approved
plan and cost analysis under subsection (2)(b).
(b) Within 60 days after the system receives grant funds under
section 13(7), if the plan, cost analysis, or both, required a
grant award for implementation of the plan.
(c) Within 30 days of the MIDC's determination that the
indigent criminal defense system has breached its duty to comply
with an approved plan.
(d) The action shall be brought in the judicial circuit where
the indigent criminal defense service is located. The state court
administrator, as authorized by the supreme court, shall assign an
active or retired judge from a judicial circuit other than the
judicial circuit where the action was filed to hear the case. Costs
associated with the assignment of the judge shall be paid equally
by the parties.
(e) The action shall not challenge the validity, legality, or
appropriateness
of the minimum standards approved by the supreme
court.department.
(4) If the dispute involves the indigent criminal defense
system's plan, cost analysis, or both, the court may approve,
reject, or modify the submitted plan, cost analysis, or the terms
of a grant awarded under section 13(7) other than the amount of the
grant, determine whether section 13 has been complied with, and
issue any orders necessary to obtain compliance with this act.
However, the system shall not be required to expend more than its
local share in complying with this act.
(5) If a party refuses or fails to comply with a previous
order of the court, the court may enforce the previous order
House Bill No. 5845 as amended September 21, 2016
through the court's enforcement remedies, including, but not
limited to, its contempt powers, and may order that the state
undertake the provision of indigent criminal defense services in
lieu of the indigent criminal defense system.
(6) If the court determines that an indigent criminal defense
system has breached its duty under section 17(1), the court may
order the MIDC to provide indigent criminal defense on behalf of
that system.
(7) If the court orders the MIDC to provide indigent criminal
defense services on behalf of an indigent criminal defense system,
the court shall order the system to pay the following amount of the
state's costs that the MIDC determines are necessary in order to
bring the indigent criminal defense system into compliance with the
minimum standards established by the MIDC:
(a) In the first year, 10% of the state's costs.
(b) In the second year, 20% of the state's costs.
(c) In the third year, 30% of the state's costs.
(d) In the fourth year, 40% of the state's costs.
(e) In the fifth year, and any subsequent year, not more than
the dollar amount that was calculated under subdivision (d).
(8) An indigent criminal defense system may resume providing
indigent criminal defense services at any time as provided under
section 13. When a system resumes providing indigent criminal
defense services, it is no longer required to pay an assessment
under subsection (7) but shall be required to pay no less than its
share.
[
House Bill No. 5845 as amended September 21, 2016
]
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. 5843 (request no.
06474'16).
(c) Senate Bill No. ____ or House Bill No. 5844_(request no.
06475'16).
(d) Senate Bill No. ____ or House Bill No. 5846 (request no.
06477'16).