Pyle, J.
Kristofer Polk (“Polk”) was convicted of three felonies. For one of those felonies, the trial court imposed an eight-year sentence, with six years executed and two years suspended, and ordered that he serve one year on probation.
The trial court found Polk indigent as to fines and costs, did not impose probation fees, and ordered the probation department to conduct a financial assessment. Polk contends that the trial court’s directive to the probation department to conduct a financial assessment was an improper delegation of the trial court’s authority to impose probation fees. Based on the alleged improper delegation of authority, he requests that we remand his case to the trial court to determine the amount of probation fees and to conduct an indigency hearing regarding his ability to pay.
We agree that remand to the trial court is necessary but not for the reason suggested by Polk. Because the trial court placed Polk on probation for a felony conviction, the trial court was statutorily required to impose probation fees. Here, however, the trial court did not impose probation fees. We also agree that the trial court will be required to hold an indigency hearing. Accordingly, we remand with instructions for the trial court to impose the statutorily mandated probation fees for Polk’s felony conviction and to hold an indigency hearing, at the latest, upon the completion of Polk’s sentence.
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The statute governing probation, INDIANA CODE § 35-38-2-1, provides that whenever a trial court places a person on probation, the court is required to, among other things, “specify in the record the conditions of probation[.]” IND. CODE § 35-38-2-1(a). “In addition, if the person was convicted of a felony and is placed on probation, the court shall order the person to pay to the probation department the user’s fee prescribed under subsection (d).” I.C. § 35-38-2-1(b) (emphasis added). Subsection (d) sets forth a list of fees, including the minimum and maximum amounts for an initial probation user’s fee and a monthly probation user’s fee, that the trial “court shall order each person convicted of a felony to pay[.]” I.C. § 35-38-2-1(d) (emphasis added).
“[I]t is the trial court, not the probation department, that has the discretion to impose probation fees.” Burnett v. State, 74 N.E.3d 1221, 1227 (Ind. Ct. App. 2017). Instead, “‘the probation department . . . shall collect’” probation fees. De La Cruz v. State, 80 N.E.3d 210, 214 (Ind. Ct. App. 2017) (quoting I.C. § 35-382-1(f)) (emphasis added in De La Cruz).
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Here, it is clear, and the parties do not dispute, that the trial court did not impose probation fees and that it ordered the probation department to conduct a financial assessment. While the parties direct the focus of their arguments on the meaning behind the trial court’s directive for the probation department to conduct a financial assessment, we find that the more appropriate focus in this case should be directed to the fact that the trial court placed Polk on probation for a felony conviction, which required the trial court to impose probation fees.
Here, Polk’s conviction was a felony conviction; therefore, the trial court was statutorily mandated to impose probation fees. … Additionally, the record on appeal reveals that there has been no imposition of probation fees, either by the trial court as required by statute or incorrectly imposed by the probation department. Because the trial court abused its discretion by failing to impose the statutorily mandated probation fees for Polk’s felony conviction, we remand to the trial court to impose probation fees.
On remand, the trial court will also be required to hold an indigency hearing. See Johnson v. State, 27 N.E.3d 793, 795 (Ind. Ct. App. 2015) … However, there is no requirement as to when the indigency hearing must be held. See Johnson, 27 N.E.3d at 795. … “At the latest, an indigency hearing for probation fees should be held at the time a defendant completes his sentence.” Johnson, 27 N.E.3d at 795. Therefore, because the trial court will be imposing probation fees on remand, it will need to hold an indigency hearing, at the latest, at the time that Polk completes his sentence, which in this instance includes executed time at the Indiana Department of Correction and on Community Corrections.
Remanded.
Riley, J., and Robb, J., concur.