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Man kicked out of community corrections for assaulting inmate loses appeal

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A community corrections program has the authority to not accept a man after being released from prison because he kicked another inmate in the face while assigned to a community transition program, the Indiana Court of Appeals held Thursday.

Floyd William Treece appealed the revocation of his community corrections placement. As part of his 14-year sentence for possessing drugs, Treece was to serve time in a community corrections program. He petitioned to be released to a community transition program for the last 120 days of his Department of Correction commitment. He was assigned to the CTP at Tippecanoe County Community Corrections.

But during his time in CTP, he kicked another man in the face after finding the man sitting in the chair where Treece was previously sitting. This was a violation of TCCC’s rule against assault and battery. He was kicked out of the CTP, and then TCCC refused to accept Treece once he was released from the DOC. The state petitioned for him to serve the rest of his sentence in the DOC and his community corrections placement be revoked. The trial court granted the petition.

In Floyd William Treece v. State of Indiana, 79A05-1309-CR-458, Treece argued that TCCC had no authority to reject him because a CTP is a DOC program; permissible DOC disciplinary actions are provided by statute; and such disciplinary actions do not include rejection from a community corrections program.

But CTP is operated by a community corrections program, per statute. That statute says while a person is assigned to CTP, he or she must comply with the rules that are adopted by the community corrections advisory board establishing the program. It does not matter that Treece was still committed to the DOC when he violated TCCC rules, Judge Terry Crone wrote.

The judges rejected Treece’s claim that I.C. 11-11-5 limits the authority of CTPs to impose their own disciplinary measures on a person in their programs who violates their rules. In fact, sections of the statute limit the actions the DOC may take against offenders while they are placed in or assigned to a CTP.

They also rejected Treece’s claim that the trial court abused its discretion in revoking his placement in community corrections because the court didn’t take into account his achievements while in the DOC. But Treece did not merely break a rule; he engaged in an act of violence after minimal provocation, Crone wrote.

The COA remanded to the trial court to clarify Treece’s sentence because, as written, it appears his sentence will be 12 years, not the 14 years handed down.
 

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  1. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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