Definitions.

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.