Richard D. Shepard, Appellant (Defendant below),
State of Indiana, Appellee (Plaintiff below).
from the Vigo Superior Court, No. 84D03-1202-FB-000468 The
Honorable David R. Bolk, Judge
Petition to Transfer from the Indiana Court of Appeals, No.
Attorney for Appellant Cara Schaefer Wieneke Wieneke Law
Office LLC Brooklyn, Indiana
Attorneys for Appellee Curtis T. Hill, Jr. Attorney General
Flores Andrew J. Kobe Justin F. Roebel Deputy Attorneys
General Indianapolis, Indiana
Shepard's direct placement in a community corrections
facility was revoked for his failure to abide by the
program's terms. Consequently, he was ordered to serve
the remainder of his eleven-year sentence in the Department
of Correction. In calculating Shepard's earned good time
credit, the trial court determined Shepard was not entitled
to any good time credit for his time served in the
work-release program because the community corrections
director had deprived Shepard of more good time credit days
than he was entitled to receive.
now challenges the deprivation of good time credit, arguing
that the community corrections director lacked the authority
to deprive him of good time credit earned. We agree.
Accordingly, we reverse the trial court's determination
as to the good time credit Shepard earned while in the
program, and we remand to the trial court with instructions
to recalculate Shepard's credit time.
and Procedural History
early 2012, Drug Task Force Detectives carried out an
undercover operation using a confidential informant
("CI"), who stated that he could purchase cocaine
from someone he knew as Richard Shepard
("Shepard"). During the operation, Shepard was
observed receiving payment from the CI in exchange for a
clear plastic bag containing a white powdery substance, which
later tested positive for cocaine.
was charged with, and pleaded guilty to, Class B felony
dealing in cocaine. On May 16, 2013, the trial court
sentenced him to eleven years of incarceration, pursuant to
the terms of the plea agreement. Shepard was also awarded
credit for 450 days of pre-sentence incarceration and 450
days of good time credit.
2015, Shepard petitioned for modification of his sentence, to
which the State did not object. Shepard's petition was
granted, and the trial court ordered him to serve the balance
of his sentence in the Vigo County work release program,
under supervision of the Vigo County Community Corrections.
While in the program, Shepard committed several violations.
Among those were three instances in which Shepard left the
work release program facility for work, but did not
immediately return when he was informed he was not needed at
work. On two other occasions, Shepard left work without
permission and failed to return immediately to the facility.
In each case, program officials held administrative hearings
and repeatedly took away portions of Shepard's earned
credit time. In total, Shepard was deprived of 225 earned
good time credit days.
April 20, 2016, the State filed a motion to revoke
Shepard's probation and placement in community
corrections. Finding that Shepard had violated the conditions
of probation, the trial court ordered him recommitted to the
Indiana Department of Correction (the "D.O.C.") for
the balance of his eleven-year sentence. In calculating
Shepard's earned good time credit, the trial court
determined Shepard was entitled to 450 days for the
pre-sentence incarceration, fourteen days for time served in
Vigo County Jail following the grant of modification of
placement, and another thirty-four days served in the Vigo
County Jail from April 22, 2016 through May 25, 2016.
However, the court also determined that Shepard would not
receive any good time credit for the 190 actual days he
served in the work-release program because the program had
deprived him of 225 days of good time credit.
appealed, arguing that the trial court erred in denying
Shepard good time credit for the days served in community
corrections. In a published opinion, the Court of Appeals
affirmed the trial court's judgment, finding that the
community corrections ...