Courts: other; Michigan indigent defense commission act; expand duties to include indigent defense of youth. Amends title & secs. 3, 5, 7, 9, 11, 13, 15, 17, 21 & 23 of 2013 PA 93 (MCL 780.983 et seq.) & adds sec. 14.

New section 11(4) establishes specific criteria for determining when a youth is indigent. A rebuttable presumption of substantial financial hardship applies if the parent, guardian, or custodian uses public assistance, lives in public housing, or earns less than 200% of the federal poverty guideline (higher than the 140% threshold for adults). Parent income and assets are excluded from consideration when the youth is a dual ward or foster youth, there is a pending abuse or neglect petition, the offense involves allegations against the parent, the parent is incarcerated or incapacitated, or considering parent income would create a conflict of interest. Inability to obtain parent financial information cannot delay appointment of counsel.

The effective date was changed from 'the October 1 following the date of its enactment' (a relative date) to a fixed date of October 1, 2027, giving a specific multi-year implementation window.

The definition of 'indigent' was simplified from a lengthy description that included both the section 11(3) reference and an independent standard about inability to obtain competent legal representation without substantial financial hardship, to simply 'meeting 1 or more of the conditions described in section 11(3) or (4),' incorporating the new youth-specific provision.

The definition of 'local share' was reworded from 'indigent criminal adult defense services' to 'indigent criminal defense services for adults' and from 'indigent youth defense services' to 'indigent defense services for youth,' clarifying that both categories are covered under the same term.

Extensive pronoun substitutions throughout section 11(3) replacing 'he or she' with 'the defendant' and 'his or her' with 'the defendant's' for clarity. Subsections were renumbered (old 11(4) became 11(5), old 11(5) became 11(6)) to accommodate the new youth provision.

A line break was inserted in section (h) after the word 'the', splitting a single long line into two shorter lines. The actual text content is unchanged.

New subsections in Section 5 require that proposed minimum standards be submitted to the Department of Licensing and Regulatory Affairs for approval or rejection. An approved standard is final upon department approval and cannot be challenged through the dispute resolution process in Section 15. Judicial review is available only in the court of claims within 60 days, and filing a petition does not automatically stay enforcement.

Section 15 dispute resolution now explicitly excludes challenges to the validity of minimum standards approved by the department, and adds a new MIDC resolution procedure for non-compliance disputes that must be available on a public website before court action is available.

New subsections in Section 5 clarify that approved minimum standards are not 'rules' under the Administrative Procedures Act and must be designed to meet constitutional requirements without infringing on the supreme court's authority over practice and procedure.

The chairperson is now elected annually by the commission from its membership rather than appointed by the governor, with a limit of no more than 3 consecutive terms. Terms must be staggered: 4 members for 4 years, 4 for 3 years, 4 for 2 years, and 3 for 1 year.

Commission membership increased from 18 to 19 voting members. New appointment sources added: two members submitted by the speaker of the house, two by the senate majority leader, one from a list submitted by the supreme court chief justice, three from a list of nine submitted by the Criminal Defense Attorneys of Michigan, and one from the children's law section of the State Bar experienced in defending youth.

New restrictions on who can serve as a commissioner: individuals receiving compensation from the state or an indigent criminal defense system for prosecution or representation are ineligible; no more than 3 judges may serve simultaneously; at least 2 members must not be licensed attorneys and at least 1 must have substantial knowledge of the juvenile justice system.

New provision in Section 13 allows indigent criminal defense systems to submit cost estimates for developing their compliance plan, and the MIDC may award a grant to cover those development costs.

Section 13 now references '180 days after a standard is approved by the department' rather than simply after adoption, tying the compliance timeline to the new departmental approval process. A new report deadline of October 31, 2021 is added for recommendations on appropriate local share levels.

Header changed from 'HOUSE SUBSTITUTE FOR SENATE BILL NO. 81' to 'SB-81, As Passed House, July 3, 2026,' indicating the bill's passage status and date.

Internal document control codes were updated (from 'coz0q8' to 'swzreq' and file identifier changed to include '_SB81_APH_1'), reflecting a new version in the legislative tracking system.

The definition of 'indigent' in Section 3(e) now references section 11(3) or (4) instead of only section 11(3), and removes the alternative language about 'inability to obtain competent legal representation without substantial financial hardship.'

Section 11(3) is dramatically simplified. The Senate version contained detailed statutory requirements for indigency determinations, including a rebuttable presumption of substantial financial hardship at 140% of the federal poverty guideline, specific factors to consider (income, property, dependents, education), and mandatory judicial review provisions. The House version replaces all of this with a single sentence directing the MIDC to 'establish standards and procedures for the determination of indigency,' giving the commission much broader discretion.

Section 7(13) removes the governor's authority to appoint the initial chairperson of the MIDC. Instead, the MIDC now elects its own chairperson annually from among its members, with a new limit that no member may serve as chairperson for more than 3 consecutive terms.

Section 13(6) in the Senate version required the MIDC to submit a report by October 31, 2021 recommending the appropriate level of local share (in total dollars and as a percentage of compliance costs). This reporting requirement appears to be removed in the House substitute.

Section 21 updates the cross-reference for the FOIA exemption from section 7(17) to section 7(10), reflecting renumbering of subsections within Section 7.

The definition of 'local share' in Section 3(i) is reworded from 'indigent criminal adult defense services' and 'indigent youth defense services' to 'indigent criminal defense services for adults' and 'indigent defense services for youth.'