Michigan Laws 780.718a – Indigent defense system; fees and expenses; standard procedures; reimbursement
Current as of: 2024 | Check for updates
|
Other versions
Terms Used In Michigan Laws 780.718a
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Indigent: means that term as defined in section 3 of the Michigan indigent defense commission act, 2013 PA 93, MCL 780. See Michigan Laws 780.711a
- Local contribution: means an indigent defense system's average annual expenditure for attorney fees and expenses during the first 3 full fiscal years in which the system has complied with the standard procedure established under section 8a(2), excluding expenditures reimbursed under section 8a(4). See Michigan Laws 780.711a
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
- system: means either of the following:
(i) The local unit of government that funds a trial court. See Michigan Laws 780.711a
(1) An indigent defense system is responsible for the payment of reasonable fees and expenses for the services provided by locally appointed private counsel under section 2.
(2) The commission shall establish a standard procedure for both of the following:
(a) The payment of locally appointed private counsel by indigent defense systems as described in subsection (1).
(b) The reimbursement of indigent defense systems as described in subsection (4).
(3) The standard procedure established under subsection (2)(a) must include rates and policies that are consistent with the standards established under section 11(2)(b) of the Michigan indigent defense commission act, 2013 PA 93, MCL 780.991.
(4) Subject to appropriation, if an indigent defense system pays locally appointed private counsel under subsection (2) pursuant to the rates and policies established under subsection (3), the state shall reimburse the system for 1/2 of the expenditures of the system. After a system has complied with subsection (2) for 3 full fiscal years, the state shall reimburse the system for all expenditures exceeding the system’s local contribution. It is the intent of the legislature to fully fund this reimbursement.