Grant Funding for Compliance Planning

Every court funding unit in Michigan is required to submit a plan for compliance with the first four standards for indigent defense, along with a cost analysis, to the MIDC no later than November 20, 2017.  Those first four standards cover training and education of counsel, the initial client interview, use of investigation and experts, and counsel at first appearance and other critical stages.  The full text of the approved standards can be found on the MIDC’s website.

The MIDC has approved several documents to assist funding units with compliance planning for MIDC Standards 1, 2, 3, and 4.  The Commission has published a detailed application with instructions for completing the form, a guide for submission of compliance plans, cost analyses, and local share calculations, as well as sample plans for a variety of systems to consider.  The MIDC has Regional Managers working statewide to assist with compliance planning.

Download the complete Application, Instructions and Sample Compliance Plans here.

Open a Microsoft Word version of the application here.

Review sample compliance plans here.

Find a Regional Manager here.

View a webinar from a regional application workshop here.

Use this video for instructions on registering for the MIDC portal to submit a compliance plan.

Before submitting an application, make sure you have everything on our checklist.

Statutory Authority

The Michigan Indigent Defense Commission Act describes the distribution and receipt of grant funds in MCL §780.993. The relevant provisions are as follows.

If the MIDC determines that funding in excess of the indigent criminal defense system’s share is necessary in order to bring its system into compliance with the minimum standards established by the MIDC, that excess funding shall be paid by this state. The legislature shall appropriate to the MIDC the additional funds necessary for a system to meet and maintain those minimum standards, which shall be provided to indigent criminal defense systems through grants.

An indigent criminal defense system shall not be required to provide funds in excess of its local share. The MIDC shall provide grants to indigent criminal defense systems to assist in bringing the systems into compliance with minimum standards established by the MIDC.

The state of Michigan shall appropriate funds to the MIDC for grants to the local units of government for the reasonable costs associated with data required to be collected under this act that is over and above the local unit of government’s data costs for other purposes.

Within 180 days after receiving funds from the MIDC, an indigent criminal defense system shall comply with the terms of the grant in bringing its system into compliance with the minimum standards established by the MIDC for effective assistance of counsel.

The MIDC may apply for and obtain grants from any source to carry out the purposes of this act. All funds received by MIDC, from any source, are state funds and shall be appropriated as provided by law.

Every indigent criminal defense system shall comply with an approved plan under this act. A system’s duty of compliance with the terms of the plan is contingent upon receipt of a grant in the amount contained in the plan and cost analysis approved by the MIDC. See MCL §780.997.