Reginald Binion v. State of Indiana (mem. dec.)

• Court: Indiana Court of Appeals
• Decided: March 8, 2019
• Docket: 18A-CR-2332
• Status: Published

Opinion

MEMORANDUM DECISION Pursuant to Ind. Appellate Rule 65(D), this Memorandum Decision shall not be FILED regarded as precedent or cited before any Mar 08 2019, 6:35 am court except for the purpose of establishing CLERK the defense of res judicata, collateral Indiana Supreme Court Court of Appeals estoppel, or the law of the case. and Tax Court

ATTORNEY FOR APPELLANT ATTORNEYS FOR APPELLEE Kristin A. Mulholland Curtis T. Hill, Jr. Appellate Public Defender Attorney General of Indiana Crown Point, Indiana Tyler G. Banks Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA

Reginald Binion, March 8, 2019 Appellant-Petitioner, Court of Appeals Case No. 18A-CR-2332 v. Appeal from the Lake Superior Court State of Indiana, The Honorable Natalie Bokota, Appellee-Respondent Judge Pro Tempore The Honorable Kathleen A. Sullivan, Magistrate Trial Court Cause No. 45G02-1111-FA-50

Crone, Judge.

Court of Appeals of Indiana | Memorandum Decision 18A-CR-2332 | March 8, 2019 Page 1 of 5 Case Summary [1] Reginald Binion contends that the trial court erred in denying him thirty days of

good time credit that he earned while on direct placement in the Lake County

Community Corrections transition program. The State concedes the error.

Finding that Lake County Community Corrections lacked the authority to

deprive Binion of good time credit, we reverse and remand.

Facts and Procedural History [2] In November 2011, the State charged Binion with class A felony attempted

murder and class B felony attempted robbery. Pursuant to a plea agreement,

Binion pled guilty to the attempted robbery charge. The State agreed to dismiss

the attempted murder charge. In March 2013, the trial court sentenced Binion

to fifteen years in the Indiana Department of Correction (“the DOC”). In

October 2017, the Lake County Community Transition Court accepted Binion

into its community transition program (“the program”). The court modified his

placement from the DOC to the program effective March 5, 2018.

[3] During January and February of 2018, Binion violated the program’s rules on

numerous occasions, and, following disciplinary hearings, Lake County

Community Corrections sanctioned Binion to a loss of seventy-five days of

good time credit. Appellant’s App. Vol. 2 at 127. After March 5, 2018, he

violated the program rules on three more occasions, and, following another

disciplinary hearing in June 2018, Lake County Community Corrections

sanctioned Binion to an additional loss of thirty days of good time credit. Id.

Court of Appeals of Indiana | Memorandum Decision 18A-CR-2332 | March 8, 2019 Page 2 of 5 [4] On June 12, 2018, Lake County Community Corrections filed a petition to

expel Binion from the program. On August 28, 2018, the trial court held a

hearing and granted the petition after finding that Binion had violated the terms

of his placement. The trial court resentenced Binion to fifteen years in the

DOC. With respect to credit time, the trial court determined that Binion was

incarcerated from October 31, 2011, through August 27, 2018, and was entitled

to accrued time and good time credit for those dates except for one hundred five

days of good time credit that he lost pursuant to disciplinary board hearings. Id.

at 133. Binion objected to the loss of the thirty days of good time credit earned

while on direct placement in the program. This appeal ensued.

Discussion and Decision [5] Binion argues that the trial court erred in denying him thirty days of good time

credit that he earned after his sentence was modified to direct placement in the

program. The State concedes the error.

[6] Indiana Code Section 35-50-6-0.5 includes the following definitions regarding

credit time:

(1) “Accrued time” means the amount of time that a person is imprisoned or confined.

(2) “Credit time” means the sum of a person’s accrued time, good time credit, and educational credit.

….

Court of Appeals of Indiana | Memorandum Decision 18A-CR-2332 | March 8, 2019 Page 3 of 5 (4) “Good time credit” means a reduction in a person’s term of imprisonment or confinement awarded for the person’s good behavior while imprisoned or confined.

Binion points out that under Indiana Code Section 35-38-2.6-6(c), a person who

is placed in a community corrections program under this chapter is entitled to

earn accrued time and good time credit. Binion does not dispute that he

forfeited seventy-five days of good time credit for committing violations prior to

his modification of placement from the DOC to the program.

[7] However, Binion asserts that Lake County Community Corrections did not

have statutory authority to deprive him of his good time credit after he was

directly placed in the program. Under Indiana Code Section 35-38-2.6-6(d), a

“person who is placed in a community corrections program under this chapter

may be deprived of earned good time credit as provided under rules adopted by

the department of correction under IC 4-22-2.” In Shepard v. State, our supreme

court noted that the DOC had not promulgated any rules expressly pertaining

to the delegation of good time credit deprivation powers to other entities, and

therefore the community corrections program director in that case lacked

authority to deprive the defendant of earned good time credit. 84 N.E.3d 1171,

1174 (Ind. 2017). There is no indication that the DOC has adopted such rules

since Shepard.

[8] Accordingly, we reverse the trial court’s good time credit determination and

remand with instructions to recalculate Binion’s good time credit to include the

Court of Appeals of Indiana | Memorandum Decision 18A-CR-2332 | March 8, 2019 Page 4 of 5 thirty days he earned after his sentence was modified to direct placement in the

program.

[9] Reversed and remanded.

Vaidik, C.J., and Mathias, J., concur.

Court of Appeals of Indiana | Memorandum Decision 18A-CR-2332 | March 8, 2019 Page 5 of 5