substitute for

Senate BILL NO. 170

A bill to make appropriations for the judiciary for the fiscal year ending September 30, 2026; and to provide for the expenditure of the appropriations.

the people of the state of michigan enact:


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part 1

line-item appropriations

Sec. 101. There is appropriated for the judiciary for the fiscal year ending September 30, 2026, from the following funds:

JUDICIARY

 

 

 

APPROPRIATION SUMMARY

 

 

 

Full-time equated exempted positions

684.5

 

 

GROSS APPROPRIATION

 

$

395,299,200

Interdepartmental grant revenues:

 

 

 


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Total interdepartmental grants and intradepartmental transfers

 

 

1,902,300

ADJUSTED GROSS APPROPRIATION

 

$

393,396,900

Federal revenues:

 

 

 

Total federal revenues

 

 

7,270,900

Special revenue funds:

 

 

 

Total private revenues

 

 

1,906,400

Total other state restricted revenues

 

 

96,645,800

State general fund/general purpose

 

$

287,573,800

Sec. 102. SUPREME COURT

 

 

 

Full-time equated exempted positions

335.0

 

 

Community dispute resolution--FTEs

4.0

$

3,566,300

Foster care review board--FTEs

10.0

 

1,445,600

Jail reform advisory support--FTE

1.0

 

160,100

Judicial information systems--FTEs

103.0

 

26,458,000

Judicial institute--FTEs

20.0

 

3,440,200

Justice for all--FTEs

2.0

 

1,539,700

Michigan legal help

 

 

1,000,000

Next generation Michigan court system

 

 

4,116,000

Other federal grants

 

 

275,100

Problem solving courts

0.0

 

20,752,300

State court administrative office--FTEs

90.0

 

16,900,000

Supreme court administration--FTEs

105.0

 

19,794,200

Swift and sure sanctions program

 

 

3,350,000

GROSS APPROPRIATION

 

$

102,797,500

Appropriated from:

 

 

 

Interdepartmental grant revenues:

 

 

 

IDG from department of corrections

 

 

52,300


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IDG from department of state police

 

 

1,500,000

IDG from department of state police, Michigan justice training fund

 

 

100,000

Federal revenues:

 

 

 

DOJ, drug court training and evaluation

 

 

300,000

DOT, National Highway Traffic Safety Administration

 

 

2,358,700

Federal funds

 

 

275,100

HHS, access and visitation grant

 

 

506,100

HHS, children's justice grant

 

 

256,800

HHS, court improvement project

 

 

998,800

HHS, safe access for victims economic security grant

 

 

420,000

HHS, state opioid response grant

 

 

352,200

HHS, title IV-D child support program

 

 

891,400

HHS, title IV-E foster care program

 

 

328,000

Special revenue funds:

 

 

 

Interest on lawyers' trust accounts

 

 

407,900

Private funds

 

 

501,100

State justice institute

 

 

529,000

Community dispute resolution fund

 

 

2,602,200

Court of appeals filing/motion fees

 

 

1,450,000

Drug treatment court fund

 

 

1,920,500

Justice system fund

 

 

643,300

Law exam fees

 

 

794,500

Miscellaneous revenue

 

 

249,400

State court fund

 

 

419,900

State general fund/general purpose

 

$

84,940,300


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Sec. 103. COURT OF APPEALS

 

 

 

Full-time equated exempted positions

179.0

 

 

Court of appeals operations--FTEs

179.0

$

27,733,200

GROSS APPROPRIATION

 

$

27,733,200

Appropriated from:

 

 

 

State general fund/general purpose

 

$

27,733,200

Sec. 104. BRANCHWIDE APPROPRIATIONS

 

 

 

Full-time equated exempted positions

6.0

 

 

Branchwide appropriations--FTEs

6.0

$

11,160,000

GROSS APPROPRIATION

 

$

11,160,000

Appropriated from:

 

 

 

State general fund/general purpose

 

$

11,160,000

Sec. 105. JUSTICES' AND JUDGES' COMPENSATION

 

 

 

Judges' positions--591.0 justices and judges

 

 

 

Supreme court justices' salaries--7.0 justices

 

$

1,270,500

Circuit court judges' state base salaries--223.0 judges

 

 

31,326,100

Circuit court judicial salary standardization

 

 

10,196,800

Court of appeals judges' salaries--25.0 judges

 

 

5,037,400

District court judges' state base salaries--232.0 judges

 

 

32,583,200

District court judicial salary standardization

 

 

10,608,600

Probate court judges' state base salaries--104.0 judges

 

 

14,486,400

Probate court judicial salary standardization

 

 

4,715,300

Judges' retirement system defined contributions

 

 

9,400,600

OASI, Social Security

 

 

8,339,600

GROSS APPROPRIATION

 

$

127,964,500


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Appropriated from:

 

 

 

Special revenue funds:

 

 

 

Court fee fund

 

 

3,028,200

State general fund/general purpose

 

$

124,936,300

Sec. 106. JUDICIAL AGENCIES

 

 

 

Full-time equated exempted positions

14.0

 

 

Judicial tenure commission--FTEs

14.0

$

2,944,500

GROSS APPROPRIATION

 

$

2,944,500

Appropriated from:

 

 

 

State general fund/general purpose

 

$

2,944,500

Sec. 107. INDIGENT DEFENSE - CRIMINAL

 

 

 

Full-time equated exempted positions

124.5

 

 

Appellate public defender program--FTEs

105.0

$

19,047,500

Juvenile life resentencing--FTEs

19.5

 

3,202,800

Michigan appellate assigned counsel system roster attorney compensation grants

 

 

3,208,100

GROSS APPROPRIATION

 

$

25,458,400

Appropriated from:

 

 

 

IDG from department of state police

 

 

250,000

Total interdepartmental grants and intradepartmental transfers

 

 

250,000

Federal revenues:

 

 

 

Federal funds

 

 

583,800

Special revenue funds:

 

 

 

Interest on lawyers' trust accounts

 

 

88,400

Michigan justice fund

 

 

380,000

Miscellaneous revenue

 

 

172,400

State general fund/general purpose

 

$

23,983,800


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Sec. 108. INDIGENT CIVIL LEGAL ASSISTANCE

 

 

 

Indigent civil legal assistance

 

$

7,937,000

GROSS APPROPRIATION

 

$

7,937,000

Appropriated from:

 

 

 

Special revenue funds:

 

 

 

State court fund

 

 

7,937,000

State general fund/general purpose

 

$

0

Sec. 109. TRIAL COURT OPERATIONS

 

 

 

Full-time equated exempted positions

26.0

 

 

Court equity fund reimbursements

 

$

60,815,700

Drug case-flow program

 

 

250,000

Drunk driving case-flow program

 

 

3,300,000

Judicial technology improvement fund

 

 

4,815,000

Juror compensation reimbursement--FTE

1.0

 

6,616,200

Statewide e-file system--FTEs

25.0

 

12,007,200

GROSS APPROPRIATION

 

$

87,804,100

Appropriated from:

 

 

 

Special revenue funds:

 

 

 

Court equity fund

 

 

50,440,000

Drug case information management fund

 

 

250,000

Drunk driving case-flow assistance fund

 

 

3,300,000

Judicial electronic filing fund

 

 

12,007,200

Judicial technology improvement fund

 

 

4,815,000

Juror compensation fund

 

 

6,616,200

State general fund/general purpose

 

$

10,375,700

Sec. 110. ONE-TIME APPROPRIATIONS

 

 

 

Judicial tenure commission backlog

 

 

499,900

Innocence project grant

 

 

1,000,000


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Resentencing litigation costs

 

 

100

GROSS APPROPRIATION

 

$

1,500,000

Appropriated from:

 

 

 

State general fund/general purpose

 

$

1,500,000

 

part 2

provisions concerning appropriations

for fiscal year 2025-2026

general sections

Sec. 201. In accordance with section 30 of article IX of the state constitution of 1963, for the fiscal year ending September 30, 2026, total state spending under part 1 from state sources is $384,219,600.00 and state spending under part 1 from state sources to be paid to local units of government is $154,638,900.00. The following itemized statement identifies appropriations from which spending to local units of government will occur:

JUDICIARY

 

 

 

SUPREME COURT

 

 

 

Next generation Michigan court system

 

$

4,116,000

Problem solving courts

 

 

16,702,300

State court administrative office

 

 

200,000

Swift and sure sanctions program

 

 

3,350,000

JUSTICES' AND JUDGES' COMPENSATION

 

 

 

Circuit court judicial salary standardization

 

$

10,196,800

District court judicial salary standardization

 

 

10,608,600

OASI, Social Security

 

 

1,459,400

Probate court judges' state base salaries

 

 

14,486,400

Probate court judicial salary standardization

 

 

4,715,300


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TRIAL COURT OPERATIONS

 

 

 

Court equity fund reimbursements

 

$

60,815,700

Drug case-flow program

 

 

250,000

Drunk driving case-flow program

 

 

3,300,000

Judicial technology improvement fund

 

 

4,815,000

Juror compensation reimbursement

 

 

6,616,200

Statewide e-file system

 

 

12,007,200

ONE-TIME APPROPRIATIONS

 

 

 

Innocence investment grant

 

 

1,000,000

TOTAL

 

$

154,638,900

Sec. 202. The appropriations under this part and part 1 are subject to the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.

Sec. 203. As used in this part and part 1:

(a) "FTE" means full-time equated position in the classified service of this state.

(b) "IDG" means interdepartmental grant.

(c) "OASI" means old age survivor's insurance.

(d) "Problem solving courts" means drug treatment courts, mental health courts, or veterans courts as used in the revised judicature act, 1961 PA 236, MCL 600.1060 to 600.1297.

(e) "SIGMA" means the statewide integrated governmental management applications.

(f) "Standard report recipients" means the senate and house appropriations subcommittees on judiciary, the senate and house fiscal agencies, the senate and house policy offices, and the state budget office.

Sec. 204. The judicial branch shall use the internet to fulfill the reporting requirements of this part. This requirement


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includes transmitting reports to the standard report recipients and any other required recipients by email and posting the reports on an internet site.

Sec. 205. To the extent permissible under section 261 of the management and budget act, 1984 PA 431, MCL 18.1261, all of the following apply to the expenditure of funds appropriated in part 1:

(a) The funds must not be used for the purchase of foreign goods or services, or both, if competitively priced and of comparable quality American goods or services, or both, are available.

(b) Preference must be given to goods or services, or both, manufactured or provided by Michigan businesses, if they are competitively priced and of comparable quality.

(c) Preference must be given to goods or services, or both, that are manufactured or provided by Michigan businesses owned and operated by veterans, if they are competitively priced and of comparable quality.

(d) Preference must be given to goods or services, or both, that are manufactured in facilities that employ union members.

Sec. 206. The judicial branch shall not take disciplinary action against an employee for communicating with a member of the legislature or legislative staff, unless the communication is prohibited by law and the judicial branch is exercising its authority as provided by law.

Sec. 207. The state court administrative office shall prepare a report on out-of-state travel expenses not later than January 1. The report must list all travel outside this state by judicial branch employees in the previous fiscal year that was funded in whole or in part with funds appropriated in the judicial branch's


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budget. The judicial branch shall submit the report to the standard report recipients and to the senate and house appropriations committees. The report must include all of the following information:

(a) The dates of each travel occurrence.

(b) The total transportation and related expenses of each travel occurrence and the proportions funded with state general fund/general purpose revenues, state restricted revenues, federal revenues, and other revenues.

Sec. 209. Not later than December 15, the state budget office shall prepare and submit a report that provides estimates of the total general fund/general purpose appropriation lapses at the close of the previous fiscal year. The report must summarize the projected year-end general fund/general purpose appropriation lapses by major judicial program or program areas. The report must be submitted to the standard report recipients and to the chairpersons of the senate and house appropriations committees.

Sec. 210. (1) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $2,500,000.00 from federal sources should federal revenue become available.

(2) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $2,500,000.00 from state restricted sources should state restricted revenue become available.

(3) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $500,000.00 from private sources should private revenue become available.

(4) The state court administrative office shall notify the standard report recipients and the senate and house standing


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committees on appropriations if these contingency funds are utilized. This notification shall include the dollar amount appropriated, the source of the funding, and the purpose for which expenditures will be made. Notice shall be provided within 10 days after the date the appropriation is approved in SIGMA.

Sec. 211. The judicial branch shall cooperate with the department of technology, management, and budget to maintain a searchable website accessible by the public at no cost that includes, but is not limited to, all of the following:

(a) Fiscal year-to-date expenditures by category.

(b) Fiscal year-to-date expenditures by appropriation unit.

(c) Fiscal year-to-date payments to a selected vendor, including the vendor name, payment date, payment amount, and payment description.

(d) The number of active employees by job classification.

(e) Job specifications and wage rates.

Sec. 212. Not later than 14 days after the release of the executive budget recommendation, the judicial branch shall cooperate with the state budget office to provide an annual report on estimated state restricted fund balances, state restricted fund projected revenues, and state restricted fund expenditures for the previous 2 fiscal years. The report must be submitted to the standard report recipients and to the chairpersons of the senate and house appropriations committees.

Sec. 213. (1) Except as otherwise provided in this part, all reports required under this part shall be submitted to the standard report recipients.

(2) For each report listed on the state court administrative office website, a reference shall be provided to each statutory or


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appropriations bill section and, if applicable, subsection where that report is required.

(3) In addition to the reporting requirements in section 204 and this section, the state court administrative office shall compile, post, and maintain all required reports on an easily accessible page of the one court of justice website.

Sec. 214. (1) Funds appropriated in part 1 to an entity in the judicial branch must not be expended or transferred to another account without written approval of the authorized agent of the judicial entity. If the authorized agent of the judicial entity notifies the state budget director of its approval of an expenditure or transfer, the state budget director shall immediately make the expenditure or transfer. The authorized judicial entity agent shall be designated by the chief justice of the supreme court.

(2) Funds appropriated to the judicial branch must not be expended by a component in the judicial branch without the approval of the supreme court.

Sec. 218. The judicial branch shall receive and retain copies of all reports funded from appropriations in part 1. The judicial branch shall follow federal and state guidelines for short-term and long-term retention of records. The judicial branch may electronically retain copies of reports unless otherwise required by federal and state guidelines.

Sec. 221. Funds appropriated in part 1 must not be used to restrict or impede a marginalized community's access to government resources, programs, of facilities.

Sec. 222. To the extent possible, the judicial branch shall not expend appropriations under part 1 until all existing


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authorized work project funds for the same purpose are exhausted.

Sec. 223. (1) Within 10 days after the effective date of this act, the judiciary must provide a report to the standard report recipients containing the following information:

(a) A list of any sections in this act that the judiciary determines to be unenforceable, with a detailed legal rationale for those determinations, as applicable.

(b) If a determination under subdivision (a) would affect the operations of a program or programs within the judiciary, the judiciary must report the estimated difference in cost between the policy outlined in the section determined to be unenforceable and the policy the judiciary intends to pursue.

(2) The judiciary may coordinate with the executive office of the governor or other state departments or agencies to compile a statewide report for any agencies required to submit a report substantially similar to the report described under subsection (1).

Sec. 224. The judicial branch must provide a quarterly report to the standard report recipients detailing federal policy changes that do, or are expected to do, any of the following:

(a) Affect the operations of the judicial branch.

(b) Affect an industry, community, population, or other group regulated or served by, or that otherwise engages with, the judiciary.

(c) Affect regulations that currently protect the public to the extent that the regulations affect an industry, community, population, or other group regulated or served by, or that otherwise engages with, the judicial branch.

(d) Create a regulatory gap that could negatively impact the public.


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JUDICIAL BRANCH

Sec. 301. From the funds appropriated in part 1 for the judicial branch, $711,900.00 is allocated for circuit court reimbursement under section 3 of 1978 PA 16, MCL 800.453, and for costs associated with the court of claims.

Sec. 302. A member of the legislature may request a report or data from the data collected in the judicial data warehouse. The report must be made available to the public upon request, unless disclosure is prohibited by court order or state or federal law. If data is provided under this section, the data must be public and nonidentifying information, as determined by the state court administrative office. As used in this section, "nonidentifying information" means information that does not include personal information that, if released, would be considered invasion of privacy.

Sec. 303. From the funds appropriated in part 1 for community dispute resolution, community dispute resolution centers shall provide dispute resolution services specified in the community dispute resolution act, 1988 PA 260, MCL 691.1551 to 691.1564, help reduce suspensions and truancy, and improve school environment. The funds appropriated in part 1 for community dispute resolution may be used to develop or expand juvenile diversion services in coordination with local prosecutors.

Sec. 304. From the funds appropriated in part 1 for problem solving courts, $1,730,000.00 is intended to address the recommendations of the mental health diversion council.

Sec. 305. If funds in the court fee fund are insufficient to pay judges' compensation, the difference between the appropriated


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amount from that fund for judges' compensation and the actual amount available after the amount appropriated for trial court reimbursement is made is appropriated from the state general fund for judges' compensation. If an appropriation from the state general fund is necessary under this section, not later than 14 days after the appropriation is approved in SIGMA, the state court administrative office shall submit a report to the standard report recipients and the senate and house standing committees on appropriations.

Sec. 306. The state court administrative office shall submit a report on drug treatment, mental health, and veterans court programs in this state not later than March 1. The report must include all of the following information for each individual court, by program:

(a) The number of each type of program.

(b) The number of program participants.

(c) The impact of the programs on offender criminal involvement and recidivism.

(d) An accounting of previous fiscal year expenditures, including grant amounts requested, grant amounts awarded, and grant amounts expended.

Sec. 307. (1) The funds appropriated in part 1 for problem solving courts must be administered by the state court administrative office to operate problem solving court programs. A problem solving court shall use all available county and state personnel involved in the disposition of cases, including, but not limited to, parole and probation agents, prosecuting attorneys, defense attorneys, and community corrections providers. The funds may be used in connection with other federal, state, and local


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funding sources.

(2) From the funds appropriated in part 1, the chief justice shall allocate sufficient funds for the Michigan judicial institute to provide in-state training for those identified in subsection (1) and new problem solving court judges.

(3) The state court administrative office may prioritize funding for courts that have a higher number of filed substance use disorder cases.

(4) To assist the department of corrections and avoid prison bed space growth for nonviolent offenders, the judiciary shall receive $1,500,000.00 in Byrne formula grant funding through an interdepartmental grant from the department of state police to be used to support problem solving court costs consistent with Byrne grant program criteria.

Sec. 308. (1) From the funds appropriated in part 1 for swift and sure sanctions programs, the state court administrative office shall administer a program to distribute grants to qualifying courts in accordance with the objectives and requirements of the probation swift and sure sanctions act, chapter XIA of the code of criminal procedure, 1927 PA 175, MCL 771A.1 to 771A.8. Not more than $150,000.00 of the funds designated for the program is available to the state court administrative office to pay for employee costs associated with the administration of the program funds. Of the funds designated for the program, $500,000.00 is reserved for programs in counties that had more than 325 individuals sentenced to prison in the previous calendar year. Courts interested in participating in the swift and sure sanctions program may apply to the state court administrative office for a portion of the funds appropriated in part 1 under this section.


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(2) Not later than March 1, the state court administrative office, in coordination with the department of corrections, shall submit a report on the swift and sure sanctions program that includes all of the following information for each individual court, by program:

(a) A list of courts that participate in the program.

(b) The number of offenders who participate in the program.

(c) The criminal history of offenders who participate in the program.

(d) The recidivism rate of offenders who participate in the program, including the rate of return to jail, prison, or both.

(e) A detailed description of the establishment and parameters of the program.

(f) An accounting of previous fiscal year expenditures, including, but not limited to, grant amounts requested by the courts, grant amounts awarded to the courts, and grant amounts expended by the courts.

Sec. 309. The Michigan legislature recognizes the status of the Michigan judicial branch as a separate, independent branch of state government, as prescribed by article III, section 2 of the state constitution of 1963.

Sec. 310. From the funds appropriated in part 1, the judicial branch shall support a statewide legal self-help internet website and local nonprofit self-help centers that use the statewide website to provide assistance to individuals who represent themselves in civil legal proceedings. The state court administrative office shall summarize the costs to maintain the website, provide statistics on the number of individuals who visit the website, and provide information on content usage, form


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completion, and user feedback not later than March 1 for the previous fiscal year.

Sec. 311. The state court administrative office shall submit a report on the statewide judicial case management system not later than March 1. The report must provide a status update on development and implementation of the statewide judicial case management system and must include all appropriation and expenditure data for all previous and the current fiscal years.

Sec. 312. The state court administrative office shall not impose local user fees or collect local user fees from trial courts that are using the statewide judicial case management system.

Sec. 313. (1) If Byrne formula grant funding is awarded to the state appellate defender office in excess of the amount appropriated in part 1, the state appellate defender office may receive and expend not more than $250,000.00 of Byrne formula grant funds as an interdepartmental grant from the department of state police.

(2) If the state appellate defender office receives federal grant funding from the United States Department of Justice in excess of the amount appropriated in part 1, the state appellate defender office may receive and expend not more than $300,000.00 in federal grant funds.

Sec. 314. (1) From the funds appropriated in part 1 for problem solving courts, the judiciary shall maintain a medication-assisted treatment program to provide treatment for opioid-addicted and alcohol-addicted individuals who are referred to and voluntarily participate in the medication-assisted treatment program.

(2) Not later than March 1, the judiciary shall report on the


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medication-assisted treatment program. The report must include itemized spending by court, the number of participants, and statistics that indicate average program participation duration and success rates.

Sec. 316. (1) From the funds appropriated in part 1, the state appellate defender office shall operate the program to ensure this state's compliance with Montgomery v Louisiana, 577 US 190 (2016), People v Parks, 510 Mich 225 (2022), People v Stovall, 510 Mich 301 (2022), and People v Poole, ___ Mich App ___; ___ NW2d ___ (2024) (COA #352589, January 18, 2024). The purpose of the program is to ensure competent, resourced, and supervised counsel in cases that involve resentencing individuals who are serving a life sentence for an offense committed when the individuals were 18 years of age or younger.

(2) The state appellate defender office shall submit a report not later than March 1 on the number of cases investigated and prepared by the state appellate defender office under subsection (1). The report must include a calculation of the hours spent and the incremental costs associated with the investigation and robust examination of each case.

Sec. 317. (1) The funds appropriated in part 1 for Michigan appellate assigned counsel system roster attorney compensation grants must be deposited into the restricted Michigan appellate assigned counsel system attorney compensation fund created in subsection (2).

(2) The Michigan appellate assigned counsel system attorney compensation fund is created in the state treasury. The state treasurer may receive money or other assets from any source for deposit into the fund. The state treasurer shall direct the


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investment of the fund and credit to the fund interest and earnings from fund investments. Unexpended funds at the close of the fiscal year must remain in the fund and shall not lapse to the general fund. The judicial branch shall be the administrator of the fund for auditing purposes. The judicial branch shall expend money from the fund to provide payments to indigent defense systems as provided under section 8a of the appellate defender act, 1978 PA 620, MCL 780.718a.

(3) All funds available in the Michigan appellate assigned counsel system attorney compensation fund are appropriated and available for expenditure as provided by law.

 

ONE-TIME APPROPRIATIONS

Sec. 401. (1) The funds appropriated in part 1 for innocence investment grant shall be provided to the Michigan Innocence Clinic at the University of Michigan Law School to further legal advocacy and investigation, and to cover litigation expenses associated with helping the wrongfully convicted across the state of Michigan. This work includes increasing the clinic?s case capacity, improving its efficiency in processing and investigating cases, increasing opportunities for student learning experiences, and providing support for both legal representation and associated forensic investigative work.

(2) The unexpended funds appropriated in part 1 for innocence investment grant are designated as a work project appropriation. Unencumbered or unallotted funds must not lapse at the end of the fiscal year and must be available for expenditures under this section until the project has been completed. The following is in compliance with section 451a of the management and budget act, 1984


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PA 431, MCL 18.1451a:

(a) The purpose of the work project is to further legal advocacy and investigation, and to cover litigation expenses associated with helping the wrongfully convicted across the state of Michigan.

(b) The work project will be accomplished by utilizing state employees, contracts with service providers, or both.

(c) The total estimated cost of the project is $1,000,000.00.

(d) The tentative completion date is September 30, 2030.