MIDC; authority and duties; establishment of minimum standards, rules, and procedures; manual.

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.