MITCHELL v. STATE (2019)

MEMORANDUM DECISION

[1] In September 2018, Dominique Mitchell was convicted of three misdemeanors—carrying a handgun without a license, driving while suspended, and possession of marijuana—and sentenced to 120 days on home detention through Marion County Community Corrections. The trial court ordered Mitchell to pay a home-detention fee but did not specify the amount of the fee. In November 2018, Marion County Community Corrections filed a discharge summary indicating that Mitchell had successfully completed his sentence, that he had “paid $ 150 towards [his] fees,” and that he is “currently $ 422 in arrears to Marion County Community Corrections.” Appellant's App. Vol. II p. 51. Apparently Marion County Community Corrections had itself determined that Mitchell's home-detention fee would be $ 572.

[2] Mitchell now appeals, arguing that it is the responsibility of the trial court to set an offender's home-detention fee and asking us to remand this matter to the trial court for that purpose. Indiana Code section 35-38-2.5-6(7) provides that an order for home detention must include, among other things, “[a] requirement that the offender pay a home detention fee set by the court[.]” (Emphasis added.) The State agrees that, in light of this statute, remand is appropriate. We agree with the parties and remand this matter to the trial court so that it can set the amount of the home-detention fee.

[3] Remanded.

Vaidik, Chief Judge.

Kirsch, J., and Altice, J., concur.