CRONE, Judge.
Lisa R. Wright pled guilty to class B
Wright was charged with class B felony dealing in methamphetamine. At the initial hearing, the trial court set bond at $10,000. Tr. at 14. The order on the initial hearing indicates that Wright was found indigent. Appellant's App. at 14. Wright paid ten percent of her bond by depositing $1000 in escrow and signed a "Cash Bail Bond Agreement," which provided in relevant part as follows:
Id. at 15.
Wright requested and was appointed pauper counsel. She pled guilty as charged and was sentenced to six years. The trial court also ordered that the escrow money be used to pay various costs and fees, including a $100 public defender fee, $364 for court fines and costs, and $52 to I.M.A.G.E. Drug Task Force to reimburse it for expenses relating to Wright's investigation.
Wright contests the imposition of the aforementioned fees, costs and fines. We observe that "sentencing decisions, including decisions to impose restitution, fines, costs, or fees, are generally left to the trial court's discretion." Kimbrough v. State, 911 N.E.2d 621, 636 (Ind.Ct.App. 2009). If the fees imposed by the trial court fall within the parameters provided by statute, the trial court has not abused its discretion. Mathis v. State, 776 N.E.2d 1283, 1289 (Ind.Ct.App.2002), trans. denied (2003). "A defendant's indigency does not shield him from all costs or fees related to his conviction." Banks v. State, 847 N.E.2d 1050, 1051 (Ind.Ct.App.2006), trans. denied.
As to the imposition of the $100 public defender fee, Wright asserts that "the trial court erred in assessing a `supplemental public defender fee' because the
The State counters that Wright's argument ignores the fact that the public defender fee was paid out of the escrow fund from her $1000 bond pursuant to the terms of her cash bail bond agreement and Indiana Code Section 35-33-8-3.2, which governs the conditions the trial court can order when admitting a defendant to bail. In relevant part, Section 35-33-8-3.2(a)(2) permits the trial court to require the defendant to execute:
In executing the cash bail bond agreement, Wright agreed to give the trial court the authority to retain all or a part of the $1000 placed in escrow to pay fines, costs, fees, restitution, and publicly paid costs of representation if she failed to appear or was convicted. She was convicted, and therefore the trial court had the authority to use the escrow funds pursuant to the cash bail bond agreement. Wright entered into a contract, the terms of which are specifically authorized by statute, and
As to the $364 in fines and costs and the $52 for the I.M.A.G.E. Drug Task Force, Wright argues that the trial court erred in failing to conduct a hearing to determine whether she was indigent. In support, she relies on Indiana Code Section 33-37-2-3(a), which provides in relevant part that "when the court imposes costs, it shall conduct a hearing to determine whether the convicted person is indigent." The State asserts that under the terms of the cash bail bond agreement executed pursuant to Indiana Code 35-33-8-3.2(a)(2), the trial court had the authority to use the money held in escrow to pay fines and costs, and therefore Section 33-37-2-3(a) is inapplicable.
In her reply brief, Wright contends that Indiana Code Section 35-33-8-3.2(a)(2) "is silent on the trial court's duty to conduct an indigency hearing," and that Indiana Code Section 33-37-2-3(a) "makes no mention that the duty is not present when there is a cash bail bond agreement." Appellant's Reply Br. at 5. Thus, she argues, there is no conflict between the two statutes, and notwithstanding the cash bail bond agreement, the trial court is required to conduct an indigency hearing.
The issue requires us to construe the relevant statutes. The principal objective in statutory construction is to ascertain, give effect to, and implement the intent of the legislature. Nicoson v. State, 938 N.E.2d 660, 663 (Ind.2010). "The best evidence of that intent is the language of the statute itself, and we strive to give the words in a statute their plain and ordinary meaning." State v. Oddi-Smith, 878 N.E.2d 1245, 1248 (Ind.2008). "A statute should be examined as a whole, avoiding excessive reliance upon a strict literal meaning or the selective reading of individual words." Id. "Statutes relating to the same general subject matter are in pari materia and should be construed together so as to produce a harmonious statutory scheme." Fuller v. State, 752 N.E.2d 235, 238 (Ind.Ct.App.2001). "[W]e presume that the legislature does not enact useless provisions." White v. Ind. Parole Bd., 713 N.E.2d 327, 329 (Ind.Ct.App. 1999), trans. denied (2000). Finally, "specific statutory provisions take priority over general statutory provisions." Id.
To support her argument that a hearing is required, Wright cites Maroney v. State, 849 N.E.2d 745 (Ind.Ct.App.2006). There, the trial court imposed court costs and fees that were to be paid from the bail bond deposited by Maroney. On appeal, Maroney argued that the trial court erred in imposing court costs and fees without holding an indigency hearing pursuant to Indiana Code Section 33-37-2-3(a). The appellate court agreed. However, Indiana Code Section 35-33-8-3.2(a)(2) has been amended since Maroney, such that it now specifically permits the trial court to require as a condition of admitting a defendant to bail, that the person "execute ... an agreement that allows the court to retain all or a part of the cash or securities to pay fines, costs, fees, and restitution." Pub. Law 97-2006. Maroney had not executed an agreement like the one Wright has executed in this case. Therefore, Maroney is inapposite.
We conclude that the indigency hearing requirement of Indiana Code Section 33-37-2-3(a) does not apply when a defendant has entered into a cash bail bond agreement pursuant to Section 35-33-8-3.2(a)(2). Accordingly, the trial court committed no error in disbursing funds in the bond escrow account to pay for court fines and costs and reimburse I.M.A.G.E. Drug Task Force.
Affirmed.
NAJAM, J., and ROBB, C.J., concur.
Finally, Wright cites Indiana Code Section 33-37-2-3, which allows the court to impose representation costs against a "convicted person" in excess of $100. Section 33-37-2-3 requires a hearing to determine whether the convicted person is indigent, and if "the court determines that a convicted person is able to pay part of the costs of representation, the court shall order the person to pay an amount of not more than the cost of the defense services rendered on behalf of the person." Section 33-37-2-3 is inapplicable because it applies only to defendants found "not indigent." See Hall v. State, 826 N.E.2d 99, 105 (Ind.Ct.App.2005); Mathis, 776 N.E.2d at 1288 (discussing former Sections 33-9-1.5-6 and 33-19-2-3), trans. denied.