Indiana Lawyer on 10/20/2017 by Olivia Covington
Directors of community corrections programs do not have authority to revoke inmates’ good time credit as a disciplinary measure because the Indiana Department of Correction has not yet delegated that authority to community corrections programs, the Indiana Supreme Court ruled Friday. The decision reversed rulings in the trial court and Court of Appeals.
That decision in Richard D. Shepard v. State of Indiana, 84S01-1704-CR-190, came after the director of the Vigo County Community Corrections program deprived Richard Shepard of 225 days of good time credit. The deprivation was the result of Shepard, who was convicted on a drug charge, violating several community corrections rules, such as leaving the facility to go to work, but not immediately returning when he was informed that he was not needed at work.
As a result, the Vigo Superior Court ordered Shepard to be recommitted to the Indiana Department of Correction to serve the balance of his 11-year sentence. Though he was entitled to 190 days of good time credit, the trial court determined that the deprivation of the 225 days zeroed out his good time credit balance. The Indiana Court of Appeals affirmed that decision in January, finding the community corrections director did not lack authority to revoke the good time credit.