Kristopher W. Bunting v. State of Indiana (mem. dec.)
84A05-1701-CR-97
| Ind. Ct. App. | Nov 20, 2017Background
- Kristopher Bunting pleaded guilty to possession of methamphetamine (Class D) and paraphernalia (Class A misdemeanor) and received suspended concurrent sentences with formal probation.
- After subsequent offenses and probation violations, Bunting pleaded guilty to additional felonies; the court executed an aggregate sentence of 8 years and 341 days as a direct commitment to the Vigo County Work Release (community corrections) program.
- While on Work Release, Community Corrections found multiple violations and imposed sanctions, including depriving Bunting of 270 days of good time credit under program disciplinary actions.
- The trial court revoked Bunting’s Work Release placement and ordered him to serve the remainder of his sentence in the Department of Correction, crediting him for actual days served but not restoring good time credit the program had taken.
- Bunting appealed, arguing only that the community corrections director (and thus the trial court by incorporation) lacked authority to deprive earned good time credit absent DOC rules; the Court of Appeals reversed and remanded for recalculation of earned credit.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a community corrections program director may deprive an offender directly placed in community corrections of earned good time credit | Bunting: only the DOC may deprive earned good time; program director lacked authority so credits must be restored | State: Community Corrections imposed disciplinary deprivation; trial court correctly incorporated that deprivation into sentencing | The court held that absent a DOC rule delegating authority, a community corrections director may not deprive earned good time; credit must be recalculated to include time earned on Work Release |
Key Cases Cited
- Shepard v. State, 68 N.E.3d 1103 (Ind. Ct. App. 2017) (Indiana Supreme Court agreed that, without DOC rules delegating authority, community corrections directors cannot deprive offenders of earned credit time)
- Pharr v. State, 2 N.E.3d 10 (Ind. Ct. App. 2013) (trial court exceeded authority by depriving defendant of credit time earned in community corrections)