MCL 769.1k(1)(a) expressly requires a court to “impose the minimum state costs as set forth in [MCL 769.1j.]” If a defendant is ordered to pay any combination of a fine, costs, or applicable assessments, the court must order the defendant to pay costs of not less than $68 if convicted of a felony or $50 if convicted of a misdemeanor or ordinance violation. MCL 769.1j(1)(a)-(b). Accordingly, imposition of state costs is only required if two or more other fines, costs, or assessments are imposed. See id. (requiring imposition of minimum state costs “if the court orders a person convicted of an offense to pay any combination of a fine, costs, or applicable assessments”) (emphasis added). See also MCL 712A.18m (setting forth the minimum state costs for juvenile proceedings). Minimum state costs can be waived under the conditions set out by MCL 771.3(6)(b).
Although “the costs imposed under MCL 769.1j(1)(a) are . . . a tax,” MCL 769.1j(1)(a) does not violate the separation of powers under Const 1963, art 3, § 2, or the Distinct-Statement Clause, Const 1963, art 4, § 32, for the same reasons expressed in People v Cameron, 319 Mich App 215, 218 (2017), with respect to MCL 769.1k(1)(b)(iii). People v Shenoskey, 320 Mich App 80, 83-84 (2017). Cameron is discussed in Section 8.7(C).
See also the SCAO Crime Victim Assessment and Minimum State Cost Charts.