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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. Thank you, John Smith, for pointing out a needed correction. The article has been revised.

  2. The "National institute for Justice" is an agency for the Dept of Justice. That is not the law firm you are talking about in this article. The "institute for justice" is a public interest law firm. http://ij.org/ thanks for interesting article however

  3. I would like to try to find a lawyer as soon possible I've had my money stolen off of my bank card driver pressed charges and I try to get the information they need it and a Social Security board is just give me a hold up a run around for no reason and now it think it might be too late cuz its been over a year I believe and I can't get the right information they need because they keep giving me the runaroundwhat should I do about that

  4. It is wonderful that Indiana DOC is making some truly admirable and positive changes. People with serious mental illness, intellectual disability or developmental disability will benefit from these changes. It will be much better if people can get some help and resources that promote their health and growth than if they suffer alone. If people experience positive growth or healing of their health issues, they may be less likely to do the things that caused them to come to prison in the first place. This will be of benefit for everyone. I am also so happy that Indiana DOC added correctional personnel and mental health staffing. These are tough issues to work with. There should be adequate staffing in prisons so correctional officers and other staff are able to do the kind of work they really want to do-helping people grow and change-rather than just trying to manage chaos. Correctional officers and other staff deserve this. It would be great to see increased mental health services and services for people with intellectual or developmental disabilities in the community so that fewer people will have to receive help and support in prisons. Community services would like be less expensive, inherently less demeaning and just a whole lot better for everyone.

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

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