Plaintiff, Wayne County, appeals as of right from a circuit court order dismissing its complaint for mandamus. We affirm.
In February 1992, the county filed a complaint for mandamus, alleging that defendant director of the Department of Corrections had a clear legal duty pursuant to § 4 of 1978 PA 16, as amended by 1987 PA 272, MCL 800.454; MSA 28.1714(4), to reimburse it for the costs of housing escaped state prisoners held in county jail. The circuit court disagreed and refused to issue a writ of mandamus. This appeal followed.
The issue on appeal is essentially whether the *714felony of escape, MCL 750.193; MSA 28.390, is a "new felony” within the meaning of § 4.
The primary objective of statutory interpretation is to determine and give effect to the intent of the Legislature. Great Lakes Sales, Inc v State Tax Comm, 194 Mich App 271, 275; 486 NW2d 367 (1992) . Where the language of a statute is clear, there is no need for interpretation; the statute must be applied as written. Farrington v Total Petroleum, Inc, 442 Mich 201, 208; 501 NW2d 76 (1993) . This Court may depart from a literal construction of a statute if a literal construction would produce absurd and unjust results clearly inconsistent with the purposes and policies of the statute. Oberlin v Wolverine Gas & Oil Co, 181 Mich App 506, 511; 450 NW2d 68 (1989).
The statute at issue provides in part as follows:
When a state committed prisoner who was incarcerated in a state correctional facility has escaped, not returned pursuant to agreement, or violated the terms of his or her parole and has been apprehended pursuant to an order of the department of corrections and is held in a county jail awaiting disposition of his or her case, the department of corrections shall reimburse the county holding the prisoner for the actual and reasonable daily costs, not to exceed $35.00 per day, incurred by the county in holding the prisoner. This section shall not apply to the holding of prisoners awaiting prosecution on new felony charges. [MCL 800.454(1); MSA 28.1714(4)(1); emphasis added.]
One of the purposes of the statute, as set forth in its title, is "to provide reimbursement to counties . . . for expenses incurred in maintaining escapees from correctional institutions . . . . ”
We agree with the circuit court that the phrase "new felony charges” is not ambiguous. That Ian-*715guage includes the new felony of escape. We may not assume that the Legislature inadvertently omitted to make an exception for escape. See Farrington, supra at 210.
It is not absurd, unjust, and clearly inconsistent with the purpose and policy of the statute to interpret it to mean that the county will only be reimbursed for the cost of housing escaped state prisoners if the county refrains from charging those prisoners with the felony of escape. Oberlin, supra. Pursuant to its own administrative rules, the Department of Corrections may impose various sanctions on prisoners found to have engaged in misconduct, including escape or attempted escape. See 4 Gillespie, Mich Criminal Law & Procedure (2d ed), §§ 2479-2480, pp 610-612. Furthermore, the decision whether to prosecute rests in the prosecutor’s discretion. People v Allan, 158 Mich App 472, 476; 404 NW2d 266 (1987). In other words, the escapee is subject to punishment regardless of whether he is charged with escape, and the prosecutor is under no compulsion to bring a charge of escape.
Accordingly, we hold that the felony of escape is a new felony within the meaning of MCL 800.454; MSA 28.1714(4) and the circuit court did not abuse its discretion in refusing to issue a writ of mandamus. Delly v Bureau of State Lottery, 183 Mich App 258, 260-261; 454 NW2d 141 (1990).
Affirmed.
J. R. Ernst, J., concurred.