Reginald Binion v. State of Indiana (mem. dec.) ( 2019 )

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