MARKMAN, J.
At issue is whether MCL 769.1k(1)(b)(ii) provides courts with the independent authority to impose costs upon criminal defendants. We hold that it does not. Instead, we hold that MCL 769.1k(1)(b)(ii) provides courts with the authority to impose only those costs that the Legislature has separately authorized by statute. Therefore, the circuit court erred when it relied on MCL 769.1k(1)(b)(ii) as independent authority to impose $1,000 in "court costs," and the
In March of 2011, defendant acquired the prescription drug Norco by presenting a forged prescription to a pharmacy. Defendant pleaded guilty in the Allegan County Circuit Court to obtaining a controlled substance by fraud in violation of MCL 333.7407(1)(c) and was sentenced to 12 to 48 months' imprisonment. In addition, defendant was ordered to pay $130 for the crime victim's rights assessment, $68 in minimum state costs, and $1,000 in unspecified "court costs."
In light of People v. Sanders, 296 Mich.App. 710, 825 N.W.2d 87 (2012), the Court of Appeals then remanded to the circuit court to "factually establish the reasonable costs figure for felony cases in Allegan County Circuit Court." People v. Cunningham, unpublished order of the Court of Appeals, issued October 2, 2012 (Docket No. 309277).
Questions of statutory interpretation are questions of law that are reviewed de novo. Martin v. Beldean, 469 Mich. 541, 546, 677 N.W.2d 312 (2004).
"The right of the court to impose costs in a criminal case is statutory." People v. Wallace, 245 Mich. 310, 313, 222 N.W. 698 (1929). Thus, courts may impose costs in criminal cases only where such costs are authorized by statute. Id.
In 1994, when the Legislature laid the foundation for the criminal sentencing guidelines, it amended the Code of Criminal Procedure to add MCL 769.34, which provides in pertinent part that when a criminal defendant is sentenced for an offense subject to the guidelines, "[a]s part of the sentence, the court may order the defendant to pay any combination of a fine, costs, or applicable assessments," and "[t]he court shall order payment of restitution as provided by law." MCL 769.34(6), as added by 1994 PA 445.
In 2005, the Legislature further amended the Code of Criminal Procedure to add the statute immediately at issue, MCL 769.1k, which provides:
Thus, under MCL 769.1k(1), when a criminal defendant pleads guilty or nolo contendere, or is otherwise found guilty, courts may impose certain financial obligations at the time of sentencing, or earlier if sentencing is delayed or entry of judgment of guilt is deferred. Courts may impose these obligations even if the defendant is placed on probation, probation is revoked, or the defendant is discharged from probation. MCL 769.1k(3). Moreover, the amounts imposed under MCL 769.1k may be collected at any time. MCL 769.1k(5).
In this case, the statute under which defendant was convicted, MCL 333.7407, does not provide courts with the authority to impose costs.
In giving meaning to MCL 769.1k(1)(b)(ii), we examine the provision within the overall context of the statute "so as to produce, if possible, a harmonious and consistent enactment as a whole." Grand Rapids v. Crocker, 219 Mich. 178, 182-183, 189 N.W. 221 (1922). This Court "must give effect to every word, phrase, and clause and avoid an interpretation that would render any part of the statute surplusage or nugatory." State Farm Fire & Cas. Co. v. Old Republic Ins. Co., 466 Mich. 142, 146, 644 N.W.2d 715 (2002). We also consider the statute's "`placement and purpose in the statutory scheme,'" Sun Valley Foods Co. v. Ward, 460 Mich. 230, 237, 596 N.W.2d 119 (1999) (citation omitted), and in interpreting related statutes, those in pari materia, we construe the statutes together "so as to give the fullest effect to each provision," Glover v. Parole Bd., 460 Mich. 511, 527, 596 N.W.2d 598 (1999), citing Parks v. DAIIE, 426 Mich. 191, 199, 393 N.W.2d 833 (1986).
Although MCL 769.1k(1)(b)(ii) allows courts to impose "any cost in addition to the minimum state cost," this provision cannot be read in isolation, but instead must be read reasonably and in context. Sun Valley Foods Co. v. Ward, 460 Mich. 230, 236-237, 596 N.W.2d 119 (1999). When read "reasonably and in context," it is evident to us that MCL 769.1k(1)(b)(ii) does not provide courts with the independent authority to impose "any cost." Rather, MCL 769.1k(1)(b)(ii) provides courts with the authority to impose only those costs that the Legislature has separately authorized by statute.
First, while MCL 769.1k allows courts to impose "any cost in addition to the minimum state cost," it also authorizes courts to impose other costs, including "the expense of providing legal assistance to the defendant," MCL 769.1k(1)(b)(iii), and "any additional costs incurred in compelling the defendant's appearance," MCL 769.1k(2). If, as the prosecutor argues, MCL 769.1k(1)(b)(ii) provides courts with the independent authority to impose "any cost," there would, of course, have been no need for the Legislature to have particularly specified that courts may require individuals to pay for the latter costs. In other words, if MCL 769.1k(1)(b)(ii) provides courts with the independent authority to impose "any cost," the Legislature could simply have left it at that and conferred upon trial courts, as they saw fit to exercise it, broad discretion to require
Moreover, in addition to allowing courts to impose "any cost in addition to the minimum state cost," MCL 769.1k also allows courts to order "reimbursement under [MCL 769.1f]." MCL 769.1k(1)(b)(v). Under MCL 769.1f, courts may require defendants convicted of certain offenses "to reimburse the state or a local unit of government for specific expenses incurred in relation to the incident including but not limited to expenses for an emergency response and expenses for prosecuting the person." MCL 769.1f(1) and (9). As detailed in MCL 769.1f, the expenses for which reimbursement may be ordered include "the salaries, wages, or other compensation, including, but not limited to, overtime pay of prosecution personnel for time spent investigating and prosecuting the crime or crimes resulting in conviction." MCL 769.1f(2)(d). If MCL 769.1k(1)(b)(ii) provided courts with the independent authority to impose "any cost," there would have been no need for the Legislature to specify in MCL 769.1k(1)(b)(v) that a court may order "reimbursement under MCL 769.1f," and thereby impose particular costs. That the Legislature included a specific provision authorizing reimbursement under MCL 769.1f further suggests that it did not intend MCL 769.1k(1)(b)(ii) to provide courts with the independent authority to impose "any cost."
Second, at the time the Legislature enacted MCL 769.1k, numerous statutes provided courts with the authority to impose specific costs for certain offenses. See, e.g., footnote 5 of this opinion. Interpreting MCL 769.1k(1)(b)(ii) as providing courts with the independent authority to impose "any cost" would essentially render the cost provisions within those statutes nugatory, as courts could nonetheless impose "any cost," regardless of whether the Legislature had particularly provided courts with the authority to impose specific costs for the relevant offense. In determining the proper meaning of MCL 769.1k(1)(b)(ii), it is our duty to harmonize and reconcile related statutes,
Moreover, after the Legislature enacted MCL 769.1k, it has continued to enact provisions providing courts with the authority to impose particular costs for certain offenses.
Third, if this Court were to hold that MCL 769.1k(1)(b)(ii) provides courts with the independent authority to impose "any cost," a logical outgrowth of that holding would be that MCL 769.1k(1)(b)(i) provides courts with the independent authority to impose "any fine." However, at the time the Legislature enacted MCL 769.1k, numerous statutes provided that certain offenses are punishable by a fine up to a specific amount, with such amounts widely differing. Interpreting MCL 769.1k(1)(b)(i) as providing courts with the independent authority to impose "any fine" would also nullify the provisions within those statutes that expressly fix the amount of fines that courts may impose for certain offenses, as courts could impose "any fine," presumably in any amount, and presumably without reference to the limitations that the Legislature has set forth in other statutes. Once again, we do not believe that by enacting MCL 769.1k(1)(b)(i) the Legislature intended to leave the fine provisions of numerous statutes without practical meaning or effect. Koenig, 460 Mich. at 677, 597 N.W.2d 99.
In light of the foregoing analysis, we conclude that MCL 769.1k (1)(b)(ii) does not provide courts with the independent authority to impose "any cost." Instead, we hold that MCL 769.1k(1)(b)(ii) provides courts with the authority to impose only those costs that the Legislature has separately authorized by statute.
In affirming the circuit court's order imposing $1,000 in court costs, the Court of Appeals relied on People v. Sanders, 296 Mich.App. 710, 825 N.W.2d 87 (2012), and People v. Sanders (After Remand), 298 Mich.App. 105, 825 N.W.2d 376 (2012). However, in Sanders, the Court of Appeals assumed that MCL 769.1k(1)(b)(ii) "authorizes the imposition of costs without any explicit limitation...." 296 Mich.App. at 712, 825 N.W.2d 87. As set forth in this opinion, we do not believe that the Legislature intended MCL 769.1k(1)(b)(ii) to provide courts with the independent authority to impose "any cost." Accordingly, we overrule Sanders to the extent that it is inconsistent with this opinion.
The circuit court erred when it relied on MCL 769.1k(1)(b)(ii) as independent authority to impose $1,000 in court costs,
YOUNG, C.J., MICHAEL F. CAVANAGH, MARY BETH KELLY, ZAHRA, McCORMACK, and VIVIANO, JJ., concurred with MARKMAN, J.
Thus, while MCL 333.7407 contemplates a sentence that may include imprisonment and/or a fine, it does not anywhere provide courts with the authority to impose costs.
However, in light of our conclusion that MCL 769.1k(1)(b)(ii) does not provide courts with the independent authority to impose "any cost," we need not address the second and third issues listed in the grant order.