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Act No. 70 Public Acts of 2026 Approved by the Governor July 21, 2026 Filed with the Secretary of State July 24, 2026 EFFECTIVE DATE: October 1, 2027 state of michigan 103rd Legislature Regular session of 2026 Introduced by Senators Shink, Chang, McMorrow, Bayer, Cavanagh, Geiss, Klinefelt, Wojno and Anthony ENROLLED SENATE BILL No. 81 AN ACT to amend 2013 PA 93, entitled “An act to create the Michigan indigent defense commission and to provide for its powers and duties; to provide indigent defendants in criminal cases with effective assistance of counsel; to provide standards for the appointment of legal counsel; to provide for and limit certain causes of action; and to provide for certain appropriations and grants,” by amending the title and sections 3, 5, 7, 9, 11, 13, 15, 17, 21, and 23 (MCL 780.983, 780.985, 780.987, 780.989, 780.991, 780.993, 780.995, 780.997, 780.1001, and 780.1003), section 3 as amended by 2019 PA 108, sections 5, 9, 11, 13, 15, and 17 as amended by 2018 PA 214, and section 7 as amended by 2018 PA 443, and by adding section 14. The People of the State of Michigan enact: TITLE An act to create the Michigan indigent defense commission and to provide for its powers and duties; to provide certain indigent defendants in criminal and juvenile cases with effective assistance of counsel; to provide standards for the appointment of legal counsel; to provide for and limit certain causes of action; and to provide for certain appropriations and grants. Sec. 3. As used in this act: (a) “Adult” means either of the following: (i) An individual who is 18 years of age or older. (ii) An individual who is less than 18 years of age at the time of the commission of a felony if any of the following conditions apply: (A) During consideration of a petition filed under section 4 of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.4, to waive jurisdiction to try the individual as an adult and upon granting a waiver of jurisdiction. (B) The prosecuting attorney designates the case under section 2d(1) of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.2d, as a case in which the juvenile is to be tried in the same manner as an adult. (C) During consideration of a request by the prosecuting attorney under section 2d(2) of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.2d, that the court designate the case as a case in which the juvenile is to be tried in the same manner as an adult. (D) The prosecuting attorney authorizes the filing of a complaint and warrant for a specified juvenile violation under section 1f of chapter IV of the code of criminal procedure, 1927 PA 175, MCL 764.1f. (b) “Consumer Price Index” means the annual United States Consumer Price Index for all urban consumers as defined and reported by the United States Department of Labor, Bureau of Labor Statistics. (c) “Department” means the department of licensing and regulatory affairs. (d) “Effective assistance of counsel” or “effective representation” means legal representation that is compliant with standards established by the appellate courts of this state and the United States Supreme Court. (e) “Indigent” means meeting 1 or more of the conditions described in section 11(3) or (4). (f) “Indigent defense services” means local legal defense services provided to any of the following individuals: (i) An indigent adult who is being prosecuted or sentenced for a crime for which the adult may be imprisoned upon conviction, beginning not later than the adult’s initial appearance in court to answer to the criminal charge. (ii) An indigent youth who is, or is alleged to be, under the jurisdiction of the court under section 2(a), (d), or (h) of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.2, beginning not later than the youth’s initial appearance in court. (g) Indigent defense services do not include either of the following: (i) Services provided under the appellate defender act, 1978 PA 620, MCL 780.711 to 780.719. (ii) Services provided by a lawyer-guardian ad litem under section 17c(7) to (10) and section 17d of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.17c and 712A.17d. (h) “Indigent defense system” means either of the following: (i) The local unit of government that funds a trial court. (ii) If a trial court is funded by more than 1 local unit of government, those local units of government, collectively. (i) “Local share” or “share” means an indigent defense system’s average annual expenditure for indigent defense services for adults in the 3 fiscal years immediately preceding the creation of the MIDC under this act, excluding money reimbursed to the system by individuals determined to be partially indigent, and indigent defense services for youth in the 3 fiscal years immediately preceding the fiscal year in which the amendatory act that added subdivision (g)(ii) is effective. Beginning on November 1, 2018, if the Consumer Price Index has increased since November 1 of the prior state fiscal year, the local share must be adjusted by that number or by 3%, whichever is less. (j) “MIDC” or “commission” means the Michigan indigent defense commission established under section 5. (k) “Partially indigent” means a defendant who is unable to afford the complete cost of legal representation, but is able to contribute a monetary amount toward the representation. (l) “Youth” means an individual who is less than 18 years of age and the subject of a delinquency petition. Sec. 5. (1) The Michigan indigent defense commission is established within the department. (2) The MIDC is an autonomous entity within the department. Except as otherwise provided by law, the MIDC shall exercise its statutory powers, duties, functions, and responsibilities independently of the department. The department shall provide support and coordinated services as requested by the MIDC including providing personnel, budgeting, procurement, and other administrative support to the MIDC sufficient to carry out its duties, powers, and responsibilities. (3) The MIDC shall propose minimum standards for the local delivery of indigent defense services providing effective assistance of counsel to adults and youth throughout this state. (4) The minimum standards must be designed to ensure the provision of indigent defense services that meet constitutional requirements for effective assistance of counsel. However, these minimum standards must not infringe on the supreme court’s authority over practice and procedure in the courts of this state as set forth in section 5 of article VI of the state constitution of 1963. (5) The commission shall convene a public hearing before a proposed minimum standard is recommended to the department. (6) A proposed minimum standard must be submitted to the department for approval or rejection. (7) Any opposition to a proposed minimum standard may be submitted to the department in a manner prescribed by the department. If an indigent defense system objects to a proposed minimum standard on the ground that the proposed minimum standard would exceed the MIDC’s statutory authority, the objection must state specifically how the proposed minimum standard would exceed the MIDC’s statutory authority. (8) Except as otherwise provided in subsection (9), a proposed minimum standard is final when it is approved by the department. (9) The commission may amend an approved minimum standard at any time in accordance with the procedures set forth in subsections (5) to (8). If a proposed minimum standard has been recommended to the department but not yet approved or rejected, the commission may modify the proposed minimum standard. If the commission modifies the proposed minimum standard under this subsection, the commission must again convene a public hearing before recommending the modified proposed minimum standard to the department. (10) An approved minimum standard is not subject to challenge through the appellate procedures in section 15. (11) An approved minimum standard for the local delivery of indigent defense services within an indigent defense system is not a rule as that term is defined in section 7 of the administrative procedures act of 1969, 1969 PA 306, MCL 24.207. (12) An approval of a minimum standard proposed by the MIDC is considered a final department action subject to judicial review under section 28 of article VI of the state constitution of 1963 to determine whether the approved minimum standard is authorized by law. (13) The jurisdiction and venue for the judicial review of an approved minimum standard are vested in the court of claims. (14) An indigent defense system may file a petition for the review of an approved minimum standard in the court of claims not later than 60 days after the date of mailing or emailing notice of the department’s final decision on the proposed minimum standard. (15) The filing of a petition for review under subsection (14) does not stay enforcement of an approved minimum standard, but the department may grant, or the court of claims may order, a stay upon appropriate terms. (16) The MIDC shall identify and encourage best practices for delivering the effective assistance of counsel to indigent defendants. (17) The MIDC shall identify and implement a system of performance metrics to assess the provision of indigent defense services in this state relative to national standards and benchmarks. (18) The MIDC shall provide an annual report to the governor, the legislature, the supreme court, and the state budget director on the performance metrics not later than December 15 of each year. Sec. 7. (1) The MIDC includes 19 voting members and the ex officio member described in subsection (4). (2) Except as otherwise provided in subsection (11), the 19 voting members must be appointed by the governor for terms of 4 years. (3) Subject to subsections (5) to (9), the governor shall appoint the 19 members described in subsection (1) as follows: (a) Two members submitted by the speaker of the house of representatives. (b) Two members submitted by the senate majority leader. (c) One member from a list of 3 names submitted by the supreme court chief justice. (d) Three members from a list of 9 names submitted by the Criminal Defense Attorneys of Michigan. (e) One member from a list of 3 names submitted by the children’s law section of the State Bar of Michigan who is experienced in defending youth in delinquency proceedings. (f) One member from a list of 3 names submitted by the Michigan Judges Association. (g) One member from a list of 3 names submitted by the Michigan District Judges Association. (h) One member from a list of 3 names submitted by the State Bar of Michigan. (i) One member from a list of names submitted by bar associations whose primary mission or purpose is to advocate for minority interests. Each bar association described in this subdivision may submit 1 name. (j) One member from a list of 3 names submitted by the Prosecuting Attorneys Association of Michigan who is a former county prosecuting attorney or former assistant county prosecuting attorney. (k) One member selected to represent the general public. (l) Two members representing the funding unit of a circuit court from a list of 6 names submitted by the Michigan Association of Counties. (m) One member representing the funding unit of a district court from a list of 3 names submitted by the Michigan Townships Association or the Michigan Municipal League. The Michigan Townships Association and the Michigan Municipal League shall alternate in submitting a list as described under this subdivision. For the first appointment after March 21, 2019, the Michigan Municipal League shall submit a list as described under this subdivision for consideration for the appointment. For the second appointment after March 21, 2019, the Michigan Townships Association shall submit a list as described under this subdivision for consideration for the appointment. (n) One member from a list of 3 names submitted by the state budget office. (4) The supreme court chief justice or the designee of the chief justice shall serve as an ex officio member of the MIDC without vote. (5) Every individual nominated for service on the MIDC as provided in subsection (3) must have at least 1 of the following: (a) Significant experience in the defense or prosecution of criminal proceedings. (b) Significant experience in the defense or prosecution of youth in juvenile proceedings. (c) A strong and demonstrated commitment to providing effective representation in indigent defense services. (6) Of the members appointed under this section, the governor shall appoint no fewer than 2 individuals who are not licensed attorneys and at least 1 individual with substantial knowledge of the juvenile justice system. (7) Any individual who receives compensation from this state or an indigent defense system for providing prosecution of or representation to indigent adults or youth in state courts is ineligible to serve as a member of the MIDC. (8) Not more than 3 judges, whether they are former judges or sitting judges, shall serve on the MIDC at the same time. (9) The governor may reject the names submitted under subsection (3) and request additional names. (10) An MIDC member shall hold office until a successor is appointed for the member. (11) The terms of the members must be staggered. Initially, 4 members must be appointed for a term of 4 years each, 4 members must be appointed for a term of 3 years each, 4 members must be appointed for a term of 2 years each, and 3 members must be appointed for a term of 1 year each. (12) The governor shall fill a vacancy occurring in the membership of the MIDC in the same manner as the original appointment, except if the vacancy is for an appointment described in subsection (3)(d), the source of the nomination shall submit a list of 3 names for each vacancy. However, if the senate majority leader or the speaker of the house of representatives is the source of the nomination, 1 name must be submitted. If an MIDC member vacates the commission before the end of the member’s term, the governor shall fill that vacancy for the unexpired term only. (13) The MIDC shall annually elect a chairperson from its membership to serve a 1-year term. An MIDC member shall not serve as chairperson of the MIDC for more than 3 consecutive terms. (14) MIDC members shall not receive compensation in that capacity but must be reimbursed for their reasonable actual and necessary expenses by the state treasurer. (15) The governor may remove an MIDC member for incompetence, dereliction of duty, malfeasance, misfeasance, or nonfeasance in office, or for any other good cause. (16) A majority of the MIDC voting members constitute a quorum for the transaction of business at a meeting of the MIDC. A majority of the MIDC voting members are required for official action of the commission. (17) Confidential case information including, but not limited to, client information and attorney work product is exempt from disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246. 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 defense services providing effective assistance of counsel are consistently delivered to all indigent adults and youth 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 defense services to ensure compliance with the commission’s minimum standards, rules, and procedures. However, an indigent defense service that is in compliance with the commission’s minimum standards, rules, and procedures must not be required to provide indigent 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 or youth’s eligibility for receiving 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 and juvenile justice systems, clients, and members of the public. (f) Establishing procedures for the mandatory collection of data concerning the operation of the MIDC, each indigent defense system, and the operation of indigent defense services. (g) Establishing rules and procedures for indigent defense systems to apply to the MIDC for grants to bring the system’s delivery of indigent defense services into compliance with the minimum standards established by the MIDC. (h) Establishing procedures for annually reporting to the governor, the legislature, and the supreme court. The report required under this subdivision must include, but is not 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 defense systems. 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 all of the following: (a) Indigent defense services provided to youth under the age of 18 who are tried in the same manner as adults or who may be sentenced in the same manner as adults. (b) Indigent defense services provided to adults with mental impairments. (4) The MIDC shall be mindful that defense attorneys who provide indigent defense services are partners with the prosecution, law enforcement, and the judiciary in the criminal and juvenile justice systems. (5) The MIDC shall establish procedures for the conduct of its affairs and promulgate policies necessary to carry out its powers and duties under this act. (6) The MIDC policies must be placed in an appropriate manual, made publicly available on a website, and made available to all attorneys and professionals providing indigent 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. Sec. 11. (1) The MIDC shall establish minimum standards, rules, and procedures to effectuate the following: (a) The delivery of indigent defense services must be independent of the judiciary but ensure that the judges of this state are permitted and encouraged to contribute information and advice concerning that delivery of indigent defense services. (b) If the caseload is sufficiently high, indigent defense services may consist of both an indigent defender office and the active participation of other members of the state bar. (c) A trial court shall ensure that each defendant or youth is advised of the right to counsel. A defendant or youth may not waive the right to counsel without first consulting with counsel on the consequences of waiver. If a defendant or youth waives the right to counsel, it must be on the record and in writing. (d) Except for a defendant appearing with retained counsel or a defendant who has made an informed waiver of counsel, each defendant must be screened for indigency using the standards and procedures prescribed by MIDC under subsection (3), and counsel must be assigned as soon as an indigent defendant is determined to be eligible for indigent defense services. (2) The MIDC shall implement minimum standards, rules, and procedures to guarantee the right of indigent defendants to the assistance of counsel as provided under Amendments VI and XIV of the Constitution of the United States and section 20 of article I of the state constitution of 1963. In establishing minimum standards, rules, and procedures, the MIDC shall adhere to the following principles: (a) Defense counsel is provided sufficient time and a space where attorney-client confidentiality is safeguarded for meetings with defense counsel’s client. (b) Defense counsel’s workload is controlled to permit effective representation. Economic disincentives or incentives that impair defense counsel’s ability to provide effective representation must be avoided. The MIDC may develop workload controls to enhance defense counsel’s ability to provide effective representation. (c) Defense counsel’s ability, training, and experience match the nature and complexity of the case to which the defense counsel is appointed. (d) The same defense counsel continuously represents and personally appears at every court appearance throughout the pendency of the case. However, indigent defense systems may exempt ministerial, nonsubstantive tasks, and hearings from this prescription. (e) Indigent defense systems employ only defense counsel who have attended continuing legal education relevant to counsels’ indigent defense clients. (f) Indigent defense systems systematically review defense counsel at the local level for efficiency and for effective representation according to MIDC standards. (3) The following requirements apply to the application for, and appointment of, indigent defense services under this act: (a) A preliminary inquiry regarding, and the determination of, the indigency of any defendant, including a determination regarding whether a defendant is partially indigent, for purposes of this act must be made as determined by the indigent defense system not later than at the defendant’s first appearance in court. The determination may be reviewed by the indigent defense system at any other stage of the proceedings. In determining whether a defendant is entitled to the appointment of counsel, the indigent defense system shall consider whether the defendant is indigent and the extent of the defendant’s ability to pay. Factors to be considered include, but are not limited to, income or funds from employment or any other source, including personal public assistance, to which the defendant is entitled, property owned by the defendant or in which the defendant has an economic interest, outstanding obligations, the number and ages of the defendant’s dependents, employment and job training history, and the defendant’s level of education. A trial court may play a role in this determination as part of any indigent defense system’s compliance plan under the direction and supervision of the supreme court, consistent with section 4 of article VI of the state constitution of 1963. If an indigent defense system determines that a defendant is partially indigent, the indigent defense system shall determine the amount of money the defendant must contribute to the defendant’s defense. An indigent defense system’s determination regarding the amount of money a partially indigent defendant must contribute to the defendant’s defense is subject to judicial review. Nothing in this act prevents a court from making a determination of indigency for any purpose consistent with article VI of the state constitution of 1963. (b) A defendant is considered to be indigent if the defendant is unable, without substantial financial hardship to the defendant or to the defendant’s dependents, to obtain competent, qualified legal representation on the defendant’s own. Substantial financial hardship is rebuttably presumed if the defendant receives personal public assistance, including under the food assistance program, temporary assistance for needy families, Medicaid, or disability insurance, resides in public housing, or earns an income less than 140% of the federal poverty guideline. A defendant is also rebuttably presumed to have a substantial financial hardship if the defendant is currently serving a sentence in a correctional institution or is receiving residential treatment in a mental health or substance abuse facility. (c) A defendant not falling below the presumptive thresholds described in subdivision (b) must be subjected to a more rigorous screening process to determine if the defendant’s particular circumstances, including the seriousness of the charges being faced, the defendant’s monthly expenses, and local private counsel rates would result in a substantial hardship if the defendant were required to retain private counsel. (d) A determination that a defendant is partially indigent may only be made if the indigent defense system determines that a defendant is not fully indigent. An indigent defense system that determines a defendant is not fully indigent but may be partially indigent must utilize the screening process under subdivision (c). The provisions of subdivision (e) apply to a partially indigent defendant. (e) The MIDC shall promulgate objective standards for indigent defense systems to determine whether a defendant is indigent or partially indigent. These standards must include availability of prompt judicial review, under the direction and supervision of the supreme court, if the indigent defense system is making the determination regarding a defendant’s indigency or partial indigency. (f) The MIDC shall promulgate objective standards for indigent defense systems to determine the amount a partially indigent defendant must contribute to the defendant’s defense. The standards must include availability of prompt judicial review, under the direction and supervision of the supreme court, if the indigent defense system is making the determination regarding how much a partially indigent defendant must contribute to the defendant’s defense. (g) A defendant is responsible for applying for indigent defense counsel and for establishing the defendant’s indigency and eligibility for appointed counsel under this act. Any oral or written statements made by the defendant in or for use in the criminal proceeding and material to the issue of the defendant’s indigency must be made under oath or an equivalent affirmation. (4) Except as otherwise provided in this subsection, a youth is considered to be indigent if the youth is unable, without substantial financial hardship to the youth, or the youth’s parent, parents, legal guardian, guardians, or custodian, to obtain competent, qualified legal representation. Substantial financial hardship is rebuttably presumed if the youth’s parent, parents, legal guardian, guardians, or custodian utilizes personal public assistance, including under the food assistance program, temporary assistance for needy families, Medicaid, or disability insurance, resides in public housing, or earns an income less than 200% of the federal poverty guideline. The local indigent defense system will determine if a parent, guardian, or custodian is both willing and financially able to retain counsel for the youth. The inability of a youth to obtain parent financial information shall not delay or prevent appointment of counsel. The income or assets of a parent, parents, legal guardian, guardians, or custodian shall not be considered when any of the following apply: (a) The youth is a dual ward, a foster youth, or otherwise in state care. (b) There is a pending abuse or neglect petition involving the youth. (c) The offense involves allegations against the parent, guardian, or custodian. (d) The parent, guardian, or custodian is currently serving a sentence in a correctional institution or receiving residential treatment in a mental health or substance abuse facility or is incapacitated, or the parent’s, guardian’s, or custodian’s whereabouts are unknown. (e) The requirement to consider the parent, guardian, or custodian’s income would create a conflict of interest or is not reasonably feasible. (5) The MIDC shall establish standards for trainers and organizations conducting training that receive MIDC funds for training and education. The standards established under this subsection must require that the MIDC analyze the quality of the training, and must require that the effectiveness of the training be capable of measurement and validation. (6) An indigent defense system may include in its compliance plan a request that the MIDC serve as a clearinghouse for experts and investigators. If an indigent defense system makes a request under this subsection, the MIDC may develop and operate a system for determining the need and availability for an expert or investigator in individual cases. Sec. 13. (1) All indigent defense systems and, at the direction of the supreme court, attorneys engaged in providing indigent defense services shall cooperate and participate with the MIDC in the investigation, audit, and review of their indigent defense services. (2) An indigent defense system may submit an estimate of the cost of developing the plan and cost analysis for implementing the plan under subsection (3) to the MIDC for approval. If approved, the MIDC shall award the indigent defense system a grant to pay the approved costs for developing the plan and cost analysis under subsection (3). (3) No later than 180 days after a standard is approved by the department, each indigent defense system shall submit a plan to the MIDC for the provision of indigent defense services in a manner as determined by the MIDC and shall submit an annual plan for the following state fiscal year on or before October 1 of each year. A plan submitted under this subsection must specifically address how the minimum standards established by the MIDC under this act will be met and must include a cost analysis for meeting those minimum standards. The standards to be addressed in the annual plan are those approved not less than 180 days before the annual plan submission date. The cost analysis must include a statement of the funds in excess of the local share, if any, necessary to allow its system to comply with the MIDC’s minimum standards. (4) The MIDC shall approve or disapprove all or any portion of a plan or cost analysis, or both a plan and cost analysis, submitted under subsection (3), and shall do so not later than 90 calendar days after the submission of the plan and cost analysis. If the MIDC disapproves any part of the plan, the cost analysis, or both the plan and the cost analysis, the indigent defense system shall consult with the MIDC and, for any disapproved portion, submit a new plan, a new cost analysis, or both not later than 60 calendar days after the mailing or emailing date of the official notification of the MIDC’s disapproval. If, after 3 submissions, the MIDC still disapproves of any portion of the plan or cost analysis, the disputed portion must be resolved as provided in section 15. All approved provisions of an indigent defense system’s plan and cost analysis must not be delayed by any disapproved portion and must proceed as provided in this act. The MIDC shall not approve a cost analysis or portion of a cost analysis unless it is reasonably and directly related to an indigent defense function. (5) The MIDC shall submit a report to the governor, the senate majority leader, the speaker of the house of representatives, and the appropriations committees of the senate and house of representatives requesting the appropriation of funds necessary to implement compliance plans after all the systems compliance plans are approved by the MIDC. For standards approved after January 1, 2018, the MIDC shall include a cost analysis for each minimum standard in the report and shall also provide a cost analysis for each minimum standard approved on or before January 1, 2018, if a cost analysis for each minimum standard approved was not provided, and shall do so not later than October 31, 2018. The amount requested under this subsection must be equal to the total amount required to achieve full compliance as agreed upon by the MIDC and the indigent defense systems under the approval process provided in subsection (4). The information used to create this report must be made available to the governor, the senate majority leader, the speaker of the house of representatives, and the appropriations committees of the senate and house of representatives. (6) Except as provided in subsection (8), an indigent defense system shall maintain not less than its local share. If the MIDC determines that funding in excess of the indigent defense system’s share is necessary in order to bring its system into compliance with the minimum standards established by the MIDC, that excess funding must be paid by this state. The legislature shall appropriate to the MIDC the additional funds necessary for an indigent defense system to meet and maintain those minimum standards, which must be provided to indigent defense systems through grants as described in subsection (7). The legislature may appropriate funds that apply to less than all of the minimum standards and may provide less than the full amount of the funds requested under subsection (5). Notwithstanding this subsection, it is the intent of the legislature to fund all of the minimum standards contained in the report under subsection (5) not later than 3 years after the date on which the minimum standards were adopted. (7) An indigent defense system must not be required to provide funds in excess of its local share. The MIDC shall provide grants to indigent defense systems to assist in bringing the systems into compliance with minimum standards established by the MIDC. (8) An indigent defense system is not required to expend its local share if the minimum standards established by the MIDC may be met for less than that share, but the local share of a system that expends less than its local share under these circumstances is not reduced by the lower expenditure. (9) This state shall appropriate funds to the MIDC for grants to the local units of government for the reasonable costs associated with data required to be collected under this act that is over and above the local unit of government’s data costs for other purposes. (10) Not later than 180 days after receiving funds from the MIDC under subsection (7), an indigent defense system shall comply with the terms of the grant in bringing its system into compliance with the minimum standards established by the MIDC for effective assistance of counsel. The terms of a grant may allow an indigent defense system to exceed 180 days for compliance with a specific item needed to meet minimum standards if necessity is demonstrated in the indigent defense system’s compliance plan. The MIDC has the authority to allow an indigent defense system to exceed 180 days for implementation of items if an unforeseeable condition prohibits timely compliance. (11) If an indigent defense system is awarded no funds for implementation of its plan under this act, the MIDC shall nevertheless issue to the indigent defense system a zero grant reflecting that it will receive no grant funds. (12) The MIDC may apply for and obtain grants from any source to carry out the purposes of this act. All funds received by MIDC, from any source, are state funds and must be appropriated as provided by law. (13) The MIDC shall ensure proper financial protocols in administering and overseeing funds utilized by indigent defense systems, including, but not limited to, all of the following: (a) Requiring documentation of expenditures. (b) Requiring each indigent defense system to hold all grant funds in a fund that is separate from other funds held by the indigent defense system. (c) Requiring each indigent defense system to comply with the standards promulgated by the Governmental Accounting Standards Board. (14) If an indigent defense system does not fully expend a grant toward its costs of compliance, its grant in the second succeeding fiscal year must be reduced by the amount equal to the unexpended funds. Identified unexpended grant funds must be reported by indigent defense systems on or before October 31 of each year. Funds subject to extension under subsection (10) must be reported but not included in the reductions described in this subsection. Any grant money that is determined to have been used for a purpose outside of the compliance plan must be repaid to the MIDC, or if not repaid, must be deducted from future grant amounts. (15) If an indigent defense system expends funds in excess of its local share and the approved MIDC grant to meet unexpected needs in the provision of indigent defense services, the MIDC shall recommend the inclusion of the funds in a subsequent year’s grant if all expenditures were reasonably and directly related to indigent defense functions. (16) The court shall collect contribution or reimbursement from individuals determined to be partially indigent under applicable court rules and statutes. Reimbursement under this subsection is subject to section 22 of chapter XV of the code of criminal procedure, 1927 PA 175, MCL 775.22. The court shall remit 100% of the funds it collects under this subsection to the indigent defense system in which the court is sitting. Twenty percent of the funds received under this subsection by an indigent defense system must be remitted to the department in a manner prescribed by the department and reported to the MIDC by October 31 of each year. The funds received by the department under this subsection must be expended by the MIDC to implement its minimum standards and to ensure that indigent defense systems comply with the minimum standards. The remaining 80% of the funds collected under this subsection may be retained by the indigent defense system for purposes of reimbursing the costs of collecting the funds under this subsection and funding indigent defense in the subsequent fiscal year. The funds collected under this subsection must not alter the calculation of the local share made under section 3. Sec. 14. (1) The MIDC shall not make a grant under section 13 unless the indigent defense system has an approved plan and cost analysis under section 13(4). (2) The first MIDC grant installment to an indigent defense system is 40% of the system’s grant award. The 3 subsequent MIDC grant installments are each 20% of the indigent defense system’s grant award. (3) After the first grant installment under subsection (2), the 3 subsequent grant installments are based on the MIDC’s review and approval of documentation provided to the MIDC by the indigent defense system, including documentation of expenditures and unexpended funds under section 13(14) and (15). The indigent defense system’s documented expenditures for the prior quarter must be not less than 25% of the total plan and cost analysis approved under section 13(4). (4) The MIDC may allow an indigent defense system to request to be exempt from the requirements under this section for unforeseeable conditions that may prohibit timely expenditure processing by the system. Sec. 15. (1) Except as provided in section 5, if a dispute arises between the MIDC and an indigent defense system concerning the approval of an indigent defense system’s annual plan or cost analysis, 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 not later than 30 calendar days after the mailing or emailing 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 the state court administrator’s choosing. Mediation must commence not later than 30 calendar days after the mediator is appointed and terminate not later than 60 calendar days after its commencement. Mediation costs associated with mediation of the dispute must be paid equally by the parties. (2) The MIDC shall establish resolution procedures under section 9(5) related to resolving a dispute with an indigent defense system that is not in compliance with section 13 or 17. The procedures must be available on a public website. If a dispute between the MIDC and an indigent defense system concerning compliance with section 13 or 17 cannot be resolved through the MIDC resolution procedures created under this subsection, subsection (4) applies. (3) 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 a recommendation of how the dispute should be resolved to the MIDC not later than 30 calendar days after 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 cost analysis, or both, in the manner the MIDC considers appropriate within 30 calendar days, and the indigent defense system shall implement the plan as approved by the MIDC. (c) The indigent defense system that is aggrieved by the final plan, cost analysis, or both, may bring an action seeking equitable relief as described in subsection (4). (4) The MIDC or an indigent defense system may bring an action seeking equitable relief in the circuit court only as follows: (a) Not later than 60 days after the MIDC’s issuance of an approved plan and cost analysis under subsection (3)(b). (b) Not later than 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) Not later than 30 days after the MIDC’s determination that the indigent defense system has breached its duty to comply with any of the following: (i) An approved plan. (ii) A cost analysis. (iii) A grant contract provision. (iv) A provision of section 13 or 17. (d) The action must be brought in the judicial circuit where the indigent defense system 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 must be paid equally by the parties. (e) The action must not challenge the validity, legality, or appropriateness of the minimum standards approved by the department. (5) If the dispute involves the indigent 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 must not be required to expend more than its local share in complying with this act. (6) If a party refuses or fails to comply with a previous order of the court, the court may enforce the previous order 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 defense services in lieu of the indigent defense system. (7) If the court determines that an indigent defense system has breached its duty under section 17(1), the court may order the MIDC to provide indigent defense on behalf of that indigent defense system. (8) If the court orders the MIDC to provide indigent defense services on behalf of an indigent defense system, the court shall order the system to pay the following amount of the state’s costs that the MIDC determines are necessary to bring the indigent defense system into compliance with the minimum standards established by the MIDC: (a) In the first year, 20% of the state’s costs. (b) In the second year, 40% of the state’s costs. (c) In the third year, 60% of the state’s costs. (d) In the fourth year, 80% 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). (9) An indigent defense system may resume providing indigent defense services at any time as provided under section 13. When an indigent defense system resumes providing indigent defense services, it is no longer required to pay an assessment under subsection (8) but must be required to pay no less than its share. Sec. 17. (1) Except as provided in subsection (2), every local unit of government that is part of an indigent defense system shall comply with an approved plan under this act. (2) An indigent defense system’s duty of compliance with 1 or more standards within the plan under subsection (1) is contingent upon receipt of a grant in the amount sufficient to cover that particular standard or standards contained in the plan and cost analysis approved by the MIDC. (3) The MIDC may proceed under section 15 if an indigent defense system breaches its duty of compliance under subsection (1). Sec. 21. Both of the following apply to the MIDC: (a) Except as provided in section 7(17), the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246. (b) The open meetings act, 1976 PA 267, MCL 15.261 to 15.275. Sec. 23. (1) Nothing in this act shall be construed to overrule, expand, or extend, either directly or by analogy, any decisions reached by the United States Supreme Court or the supreme court of this state regarding the effective assistance of counsel. (2) Nothing in this act shall be construed to override section 29 or 30 of article IX of the state constitution of 1963. (3) Except as otherwise provided in this act, the failure of an indigent defense system to comply with statutory duties imposed under this act does not create a cause of action against the government or a system. (4) The duties imposed under this act that create a higher standard than that imposed by the United States Constitution or the state constitution of 1963 do not create a cause of action against a local unit of government, an indigent defense system, or this state. (5) A violation of the MIDC rules that does not constitute ineffective assistance of counsel under the United States Constitution or the state constitution of 1963 does not constitute grounds for a conviction to be reversed or a judgment to be modified for ineffective assistance of counsel. Enacting section 1. This amendatory act takes effect October 1, 2027. This act is ordered to take immediate effect. Secretary of the Senate Clerk of the House of Representatives Approved___________________________________________ ____________________________________________________ Governor
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