Restitution for extradition costs; Imposition of costs as a condition of probation; MCL 771.3(2)(c) & (5); Michigan’s Uniform Criminal Extradition Act; Actual & reasonable costs; MCL 780.23a(a); Judgment of sentence (JOS)

The court “declined to address defendant’s argument that the trial court erred” in ordering him to pay restitution for extradition costs incurred by the county sheriff’s department (BCSD) under the restitution statutes. It noted that even if it accepted his argument, the trial court had the statutory authority to impose the costs “as a condition of probation or under Michigan’s Uniform Criminal Extradition Act.” Defendant pled guilty to CSC IV. The trial court sentenced him to “365 days of incarceration for each count and imposed costs, including restitution in the amount of $1,245 for expenses incurred by the” BCSD in securing his extradition from Tennessee. The “trial court imposed $1,245 in restitution ‘for the benefit and use of the victim [BCSD]’ as a condition of probation and included it in the [JOS]. Defendant did not object to the restitution in the trial court.” Rather, he signed the order of probation, expressly agreeing to pay the $1,245 in costs to the department as a probation condition. The department had to extradite him to Michigan in order to prosecute him. Thus, “the extradition costs are ‘expenses specifically incurred in prosecuting the defendant.’” Pursuant to MCL 771.3(2)(c) and (5), “the trial court had authority to order [him] to pay the extradition costs because the amount the BCSD spent on [his] extradition was an expense specifically incurred in the process of prosecuting him.” Further, under MCL 780.23a, a “trial court ‘may order an individual who is extradited to [Michigan] for committing a crime and who is convicted of a crime to pay the actual and reasonable costs of that extradition’” and those costs include but are “‘not limited to . . . [t]ransportation costs.’” Thus, the trial court was statutorily authorized under MCL 780.23a to order him “to pay $1,245 to the BCSD for the costs of his extradition to Michigan as the actual and reasonable costs of his extradition.” Affirmed.