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Michigan Statutes, Title 780

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Title 780, CRIMINAL PROCEDURE

31 chapters · 352 sections in this title.

All chapters in Title 780352 Ch 87-of-1985, WILLIAM VAN REGENMORTER CRIME VICTIM…104 Ch 8-of-1952, REVISED UNIFORM RECIPROCAL ENFORCEME…46 Ch 144-of-1937, UNIFORM CRIMINAL EXTRADITION ACT32 Ch 93-of-2013, MICHIGAN INDIGENT DEFENSE COMMISSION ACT24 Ch 213-of-1965, SETTING ASIDE CONVICTIONS13 Ch 257-of-1966, BAIL FOR TRAFFIC OFFENSES OR MISDEME…13 Ch 301-of-2020, ADDRESS CONFIDENTIALITY PROGRAM ACT12 Ch 196-of-1989, CRIME VICTIMS RIGHTS SERVICES11 Ch 620-of-1978, APPELLATE DEFENDER ACT11 Ch 44-of-1961, RELEASE OF MISDEMEANOR PRISONERS10 Ch 161-of-1967, UNIFORM RENDITION OF PRISONERS AS WI…10 Ch 189-of-1966, SEARCH WARRANTS10 Ch 85-of-2017, LAW ENFORCEMENT BODY-WORN CAMERA PRI…8 Ch 141-of-1961, INTERSTATE AGREEMENT ON DETAINERS8

24 sections·Filtered byTitle 780✕Ch 93-of-2013✕

Mich. Comp. Laws § 780.1001 Applicability of freedom of information act and open meetings act.
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Sec. 21. Both of the following apply to the MIDC: (a) The freedom of information act, 1976 PA 442, MCL 15.231 to 15.246, except as provided in section 7(10). (b) The open meetings act, 1976 PA 267, MCL 15.261 to 15.275.
Mich. Comp. Laws § 780.1001.amended Applicability of freedom of information act and open meetings act.
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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.
Mich. Comp. Laws § 780.1002 Michigan indigent defense fund; creation; administration; purpose.
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Sec. 22. (1) The Michigan indigent defense fund is created within the state treasury. (2) The state treasurer may receive money or other assets from any source for deposit into the fund, including private gifts, bequests, and donations. The state treasurer shall direct the invest…
Mich. Comp. Laws § 780.1003 Effect of United States or state supreme court cases; failure to comply with statutory duties; grounds for reversal or modification of conviction.

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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 sh…

Mich. Comp. Laws § 780.1003.amended Effect of United States or state supreme court cases; failure to comply with statutory duties; grounds for reversal or modification of conviction.

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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 sh…

Mich. Comp. Laws § 780.981 Short title.

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Sec. 1. This act shall be known and may be cited as the "Michigan indigent defense commission act".

Mich. Comp. Laws § 780.983 Definitions.

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Sec. 3. As used in this act: (a) "Adult" means either of the following: (i) An individual 18 years of age or older. (ii) An individual 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 petit…

Mich. Comp. Laws § 780.983.amended Definitions.

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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 considerat…

Mich. Comp. Laws § 780.985 Michigan indigent defense commission; establishment; powers and duties; functions; delivery of services; minimum standards; final department action; judicial review; best practices; performance metrics; annual report.

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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 indepe…

Mich. Comp. Laws § 780.985.amended Michigan indigent defense commission; establishment; powers and duties; functions; delivery of services; minimum standards; final department action; judicial review; best practices; performance metrics; annual report.

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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 indepe…

Mich. Comp. Laws § 780.987 MIDC; membership; terms; appointment by governor; qualifications; staggered terms; vacancy; chairperson; compensation; removal; quorum; official action; confidential case information; exemption from freedom of information act.

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Sec. 7. (1) The MIDC includes 18 voting members and the ex officio member described in subsection (2). The 18 voting members shall be appointed by the governor for terms of 4 years, except as provided in subsection (4). Subject to subsection (3), the governor shall appoint member…

Mich. Comp. Laws § 780.987.amended MIDC; membership; terms; appointment by governor; qualifications; staggered terms; vacancy; chairperson; compensation; removal; quorum; official action; confidential case information; exemption from freedom of information act.

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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 gov…

Mich. Comp. Laws § 780.989 MIDC; authority and duties; establishment of minimum standards, rules, and procedures; manual.

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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 criminal defense services providing effective assistance of counsel are…

Mich. Comp. Laws § 780.989.amended MIDC; authority and duties; establishment of minimum standards, rules, and procedures; manual.

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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 consiste…

Mich. Comp. Laws § 780.991 MIDC; establishment of minimum standards, rules, and procedures; principles; application for, and appointment of, indigent criminal defense services; requirements; partially indigent; objective standards.

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Sec. 11. (1) The MIDC shall establish minimum standards, rules, and procedures to effectuate the following: (a) The delivery of indigent criminal defense services must be independent of the judiciary but ensure that the judges of this state are permitted and encouraged to contrib…

Mich. Comp. Laws § 780.991.amended MIDC; establishment of minimum standards, rules, and procedures; principles; application for, and appointment of, indigent defense services; requirements; partially indigent; objective standards.

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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 infor…

Mich. Comp. Laws § 780.993 Investigation, audit, and review of indigent criminal defense services; cooperation and participation with MIDC; development of plan and cost analysis; award of grant; submission of plan; annual plan; approval or disapproval of plan and cost analysis by MIDC; report; maintenance of local share; necessity for excess funding; appropriation of additional funds; grants to local units of government; compliance with minimum standards; zero grant; funds received by MIDC as state funds; financial protocols; unexpended grant funds; reimbursement.

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Sec. 13. (1) All indigent criminal defense systems and, at the direction of the supreme court, attorneys engaged in providing indigent criminal defense services shall cooperate and participate with the MIDC in the investigation, audit, and review of their indigent criminal defens…

Mich. Comp. Laws § 780.993.amended Investigation, audit, and review of indigent defense services; cooperation and participation with MIDC; development of plan and cost analysis; award of grant; submission of plan; annual plan; approval or disapproval of plan and cost analysis by MIDC; maintenance of local share; necessity for excess funding; appropriation of additional funds; grants to local units of government; compliance with minimum standards; zero grant; funds received by MIDC as state funds; financial protocols; unexpended grant funds; reimbursement.

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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…

Mich. Comp. Laws § 780.994.added Grant installments; requirements.

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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 MID…

Mich. Comp. Laws § 780.995 Dispute between MIDC and indigent criminal defense system.

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Sec. 15. (1) Except as provided in section 5, if a dispute arises between the MIDC and an indigent criminal defense system concerning the requirements of this act, including a dispute concerning the approval of an indigent criminal defense system's plan, cost analysis, or complia…

Mich. Comp. Laws § 780.995.amended Dispute between MIDC and indigent defense system; resolution procedures.

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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 a…

Mich. Comp. Laws § 780.997 Duty of compliance with approved plan.

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Sec. 17. (1) Except as provided in subsection (2), every local unit of government that is part of an indigent criminal defense system shall comply with an approved plan under this act. (2) A system's duty of compliance with 1 or more standards within the plan under subsection (1)…

Mich. Comp. Laws § 780.997.amended Duty of compliance with approved plan.

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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 subse…

Mich. Comp. Laws § 780.999 Annual report, budget, and listing of expenditures; availability on website.

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Sec. 19. The MIDC shall publish and make available to the public on a website its annual report, its budget, and a listing of all expenditures. Publication and availability of the listing of expenditures shall be on a quarterly basis, except for the annual report and salary infor…