Justin S. Johnson v. State of Indiana
2016 Ind. App. LEXIS 396
| Ind. Ct. App. | 2016Background
- Justin S. Johnson pleaded guilty to neglect of a dependent resulting in serious bodily injury (Level 3 felony); court sentenced him to 11 years with 7 years executed on home detention through community corrections and 4 years suspended to probation. No prior DOC time.
- Presentence reports documented cognitive/learning deficits, prior psychiatric hospitalizations, SSI/disability income (~$720/month), previous successful probation and prior successful work-release placement.
- Community corrections rules limited Johnson to the interior living area of his apartment unit; GPS monitoring and home-detention fees of $15/day were required.
- Community Corrections filed a Notice alleging multiple violations over several weeks: leaving the apartment (or being on common areas), traveling at unauthorized times/places (e.g., went to Shalom Center rather than social security office; early bank trip), moving a GPS beacon inside the building, and arrearage of $668 in monitoring fees.
- At the modification hearing the court found violations proved and revoked community corrections placement, ordering Johnson to serve the remainder of his executed sentence in the DOC (credit for time served awarded). Johnson appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court abused its discretion in revoking community corrections placement and ordering DOC for the remainder of the executed sentence | State: Johnson repeatedly violated conditions (left apartment/inclusion zone, moved GPS, missed payments), violations occurred over weeks and justify revocation and DOC commitment | Johnson: Violations were minor/technical (within building or to intended destination), he had mental/ cognitive limitations, prior success in work release, inability (not refusal) to pay fees, and less severe sanctions (work release) were appropriate | Court: Violations were proven but sending Johnson to DOC for entire remaining term was an abuse of discretion; remanded for placement on work release |
Key Cases Cited
- Cox v. State, 706 N.E.2d 547 (Ind. 1999) (treats revocation of community corrections like probation revocation; placement is discretionary)
- Vanderkolk v. State, 32 N.E.3d 775 (Ind. 2015) (similar appellate treatment of probation and community corrections)
- Woods v. State, 892 N.E.2d 637 (Ind. 2008) (two-step probation revocation process; must allow mitigation even if violation admitted)
- Treece v. State, 10 N.E.3d 52 (Ind. Ct. App. 2014) (applies revocation standards to community corrections placement)
- Puckett v. State, 956 N.E.2d 1182 (Ind. Ct. App. 2011) (review of sentencing after revocation; court may abuse discretion if sanction disproportionate)
- Abernathy v. State, 852 N.E.2d 1016 (Ind. Ct. App. 2006) (limits on collateral attack of original sentence; right to challenge post-revocation sentence)
- Stephens v. State, 818 N.E.2d 936 (Ind. 2004) (defendant may appeal terms imposed after probation revocation)
- Sullivan v. State, 56 N.E.3d 1157 (Ind. Ct. App. 2016) (reversal where violation was not egregious and prison sanction disproportionate)
- Ripps v. State, 968 N.E.2d 323 (Ind. Ct. App. 2012) (abuse of discretion where medical/mental condition and technical violation made full DOC sanction inappropriate)