COA Affirms Revocation of Good Time Credit

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The Indiana Lawyer.com on January 30, 2017 by Olivia Covington

A man whose disciplinary actions resulted in the loss of good time credit in a county community corrections program was not entitled to have that credit restored when his probation was revoked and he was ordered to serve the balance of his sentence, the Indiana Court of Appeals decided Monday.

In Richard D. Shepard v. State of Indiana, 84A01-1606-CR-1309, Richard Shepard pleaded guilty to felony dealing in cocaine and was sentenced to 11 years in prison. After filing for a sentence modification, the Vigo Superior Court allowed Shepard to serve his sentence on work release through the Vigo County Community Corrections program.

However, after being released to the work program, Shepard began violating many of the program’s rules, including leaving the facility to go to work when he was not actually needed and could not account for his time. As a result, program officials repeatedly took away chunks of Shepard’s earned credit time, ultimately depriving him of 225 days.