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. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.