Mathias, J.
Following a bench trial in Marion Superior Court, Andre Coleman (“Coleman”) was convicted of Class B misdemeanor public intoxication. He was ordered to serve 365 days in jail with 363 days suspended to probation.
Coleman presents two issues on appeal, which we restate as whether the trial court abused its discretion in imposing a supplemental public defender fee, probation fee, and a drug and alcohol treatment fee.
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… At the sentencing hearing, the trial court found Coleman indigent as to fines and costs. Coleman asked the court if he had to pay for the alcohol and drug treatment class to which the court responded, “Yes, yeah.” However, the court never inquired about Coleman’s financial situation at this time.
The trial court’s sentencing order also did not list a public defender fee or any other court costs or fees. …
The order of probation also indicated that Coleman was required to complete an alcohol and drug treatment program. However, the order of probation did not designate an amount owed for probation user fees.
One day after sentencing, Coleman was charged $640 in court fees, which included a $50 supplemental public defender fee. The case transaction showed a breakdown of all of the fees including: a $250 alcohol and drug service program user fee, a $50 adult probation administrative fee, a $50 supplemental public defender fee, and a $290 adult probation user fee. On April 22, 2016, Coleman’s balance remained at $640. Coleman now appeals. ….
I. Public Defender Fee
Coleman argues that the trial court abused its discretion in imposing a $50 supplemental public defender fee without statutory authorization. …
… At the sentencing hearing, the trial court stated, “[Coleman] had no fines and costs.” The CCS also indicated that Coleman was found indigent to fines and costs. Further, both the order of probation and the sentencing order do not reflect that Coleman owed a supplemental public defender fee.
Even so, Coleman was charged with a $50 supplemental public defender fee in his case transaction summary. This appears to be an error on the part of the probation department. … Therefore, we conclude that the supplemental public defender fee was not properly imposed on Coleman, and we vacate it.
II. Probation Fees
… When a defendant is convicted of a misdemeanor, the trial court has discretion in imposing probation fees: …
Ind. Code § 35-38-2-1(e) (emphasis added). Under Indiana Code section 35-38-2-1.7(b):
A probation department may petition a court to: (1) impose a probation user’s fee on a person; or (2) increase a person’s probation user’s fee; under section 1 or 1.5 of this chapter if the financial ability of the person to pay a probation user’s fee changes while the person is on probation.
Further, the trial court must conduct an indigency hearing when it imposes fines or costs as part of a defendant’s sentence. Johnson, 27 N.E.3d at 794-95; see also Ind. Code § 33-37-2-3(a). However, no specific requirement indicates when the hearing must be held as long as the hearing is held before the sentence is completed. Johnson, 27 N.E.3d at 794-95.
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Again, based on the record, we cannot conclude that the trial court imposed these probation fees. Because the trial court stated at the sentencing hearing that Coleman would be found indigent as to a fines and costs, and the order of probation contained blacked out portions, we vacate Coleman’s probation fees and remand to the trial court to hold an indigency hearing.
III. Drug and Alcohol Treatment Fee
Coleman asserts that the trial court abused its discretion in imposing a $250 alcohol and drug services fee when he was convicted of a Class B misdemeanor. … The order of probation lists the fee for alcohol and drug services as $250 for a Class A misdemeanor and $150 for a Class B or Class C misdemeanor. Because this was a fee listed on the order of probation that we concluded was not imposed by the trial court, we vacate the fee pending an indigency hearing. If the trial court determines after an indigency hearing that Coleman is not indigent and able to pay the probation fees, we instruct the trial court correct the order to reflect that Coleman owes $150 for the alcohol and drug services fee to correspond with his Class B misdemeanor conviction.
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Vacated and remanded for proceedings consistent with this opinion.
Vaidik, C.J., and Barnes, J., concur.