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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. Hi there I really need help with getting my old divorce case back into court - I am still paying support on a 24 year old who has not been in school since age 16 - now living independent. My visitation with my 14 year old has never been modified; however, when convenient for her I can have him... I am paying past balance from over due support, yet earn several thousand dollars less. I would contact my original attorney but he basically molest me multiple times in Indy when I would visit.. Todd Woodmansee - I had just came out and had know idea what to do... I have heard he no longer practices. Please help1

  2. Yes diversity is so very important. With justice Rucker off ... the court is too white. Still too male. No Hispanic justice. No LGBT justice. And there are other checkboxes missing as well. This will not do. I say hold the seat until a physically handicapped Black Lesbian of Hispanic heritage and eastern religious creed with bipolar issues can be located. Perhaps an international search, with a preference for third world candidates, is indicated. A non English speaker would surely increase our diversity quotient!!!

  3. First, I want to thank Justice Rucker for his many years of public service, not just at the appellate court level for over 25 years, but also when he served the people of Lake County as a Deputy Prosecutor, City Attorney for Gary, IN, and in private practice in a smaller, highly diverse community with a history of serious economic challenges, ethnic tensions, and recently publicized but apparently long-standing environmental health risks to some of its poorest residents. Congratulations for having the dedication & courage to practice law in areas many in our state might have considered too dangerous or too poor at different points in time. It was also courageous to step into a prominent and highly visible position of public service & respect in the early 1990's, remaining in a position that left you open to state-wide public scrutiny (without any glitches) for over 25 years. Yes, Hoosiers of all backgrounds can take pride in your many years of public service. But people of color who watched your ascent to the highest levels of state government no doubt felt even more as you transcended some real & perhaps some perceived social, economic, academic and professional barriers. You were living proof that, with hard work, dedication & a spirit of public service, a person who shared their same skin tone or came from the same county they grew up in could achieve great success. At the same time, perhaps unknowingly, you helped fellow members of the judiciary, court staff, litigants and the public better understand that differences that are only skin-deep neither define nor limit a person's character, abilities or prospects in life. You also helped others appreciate that people of different races & backgrounds can live and work together peacefully & productively for the greater good of all. Those are truths that didn't have to be written down in court opinions. Anyone paying attention could see that truth lived out every day you devoted to public service. I believe you have been a "trailblazer" in Indiana's legal community and its judiciary. I also embrace your belief that society's needs can be better served when people in positions of governmental power reflect the many complexions of the population that they serve. Whether through greater understanding across the existing racial spectrum or through the removal of some real and some perceived color-based, hope-crushing barriers to life opportunities & success, movement toward a more reflective representation of the population being governed will lead to greater and uninterrupted respect for laws designed to protect all peoples' rights to life, liberty & the pursuit of happiness. Thanks again for a job well-done & for the inevitable positive impact your service has had - and will continue to have - on countless Hoosiers of all backgrounds & colors.

  4. Diversity is important, but with some limitations. For instance, diversity of experience is a great thing that can be very helpful in certain jobs or roles. Diversity of skin color is never important, ever, under any circumstance. To think that skin color changes one single thing about a person is patently racist and offensive. Likewise, diversity of values is useless. Some values are better than others. In the case of a supreme court justice, I actually think diversity is unimportant. The justices are not to impose their own beliefs on rulings, but need to apply the law to the facts in an objective manner.

  5. Have been seeing this wonderful physician for a few years and was one of his patients who told him about what we were being told at CVS. Multiple ones. This was a witch hunt and they shold be ashamed of how patients were treated. Most of all, CVS should be ashamed for what they put this physician through. So thankful he fought back. His office is no "pill mill'. He does drug testing multiple times a year and sees patients a minimum of four times a year.

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