The bill amends the Michigan Indigent Defense Commission Act to improve legal representation for indigent defendants in criminal and juvenile cases by establishing the Michigan Indigent Defense Commission (MIDC) as an independent entity within the Department of Licensing and Regulatory Affairs. The MIDC is tasked with proposing and enforcing minimum standards for effective legal counsel, conducting public hearings on proposed standards, and allowing for judicial review of these standards. The bill also details the composition and appointment process for the MIDC's 19 voting members, ensuring diverse representation, and mandates the establishment of procedures for data collection, complaint resolution, and grant applications to support indigent defense systems.

Furthermore, the bill outlines comprehensive guidelines for indigent defense services, including requirements for defendants to waive their right to counsel in writing and to be screened for indigency. It mandates the MIDC to develop objective standards for assessing indigency and contributions from partially indigent defendants, while also emphasizing timely judicial review and annual compliance plans. The bill allows indigent defense systems to seek exemptions from certain requirements and establishes mediation processes for disputes over annual plans or cost analyses. It clarifies that compliance obligations are contingent on sufficient grant funding and does not create a cause of action against the government or indigent defense systems for non-compliance. The act is set to take effect on October 1, 2027.

Statutes affected:
Substitute (H-1): 780.983
Senate Introduced Bill: 780.983
As Passed by the Senate: 780.983
As Passed by the House: 780.983
Senate Concurred Bill: 780.983
Public Act: 780.983
Senate Enrolled Bill: 780.983