The bill amends the Michigan Indigent Defense Commission Act to improve legal representation for indigent defendants in both criminal and juvenile cases. It establishes minimum standards for effective assistance of counsel, ensuring compliance with constitutional requirements, and updates the definition of "indigent" to refer to individuals unable to secure competent legal representation without significant financial hardship. The bill expands indigent defense services to include youth and mandates the Michigan Indigent Defense Commission (MIDC) to propose and implement these standards. Additionally, it revises the MIDC's composition by increasing the number of voting members from 18 to 19 and specifying the appointment process, ensuring representation from various legal and community organizations.
Key changes also include the requirement for indigent defense systems to submit compliance plans to the MIDC within 180 days of new standards approval, along with a cost analysis. The MIDC must approve or disapprove these plans within 90 days, and if disapproved, the systems must revise and resubmit within 60 days. The bill removes the term "criminal" from references to indigent defense systems, broadening the scope of services, and establishes a structured payment plan for local defense systems that fail to comply with court orders. It clarifies that violations of MIDC rules do not automatically imply ineffective assistance of counsel and reinforces that the duties under this act align with constitutional standards. The act is set to take effect on October 1 following its enactment.
Statutes affected: Senate Introduced Bill: 780.983
As Passed by the Senate: 780.983