Olivia Covington for www.theindianalawyer.com

A Greene County man whose home detention was revoked in favor of imprisonment will now be sent to a work-release facility after the Indiana Court of Appeals found that the man’s financial situation and documented mental illnesses were  mitigating factors in his sentencing.

In December 2014, Justin Johnson pleaded guilty to neglect of a dependent resulting in serious bodily injury as a Level 3 felony.  At a sentencing hearing the following month, the Greene Superior Court admitted two reports from health care professionals at Johnson’s request. One of the professionals wrote in their report that Johnson had been admitted for psychiatric hospitalizations multiple times and that he would likely meet the criteria for mild mental retardation if he were formally tested.

However, the trial court chose to sentence Johnson to 11 years in prison, with seven years served on home detention through community corrections and four years suspended to probation. Additionally, Johnson was ordered not to have any contact with his victim as a condition of his probation.

In December 2015, the Greene County Community Corrections filed a notice that Johnson was behind in home detention fees and that he had violated the terms of his home detention on multiple occasions.

At a hearing in January 2016, a case manager testified that although Johnson was originally sentenced to home detention, he had agreed to move to a work release center until he qualified for support through the Bloomfield Housing Authority.  The case manager also testified that Johnson, who was on a $720 monthly fixed income, was having difficulty paying his home detention fees because he also needed to pay for his rent and food, but that he had indicated that he could apply for food stamps and receive assistance from local food banks.

Johnson’s counsel requested that he be placed at the work release facility, but the trial court chose to modify Johnson’s sentence to seven years executed in the Department of Correction, with 640 days credited to him.

Johnson appealed, arguing that the nature of his violations to home detention were minor, that he did not commit any new offenses or violate the no-contact order and that when he did violate his home detention, he was still close to being in compliance. Further, Johnson argued that it was undisputable that he had previously been successful in the work release program, and that his financial burden would have been eased in work release.

In a Monday opinion, the Indiana Court of Appeals wrote that it agreed with Johnson’s argument that when he was in violation of his home detention, he was still close to being in compliance and, further, that well-documented mental limitations were relevant mitigating factors.

Additionally, the Court of Appeals wrote that  “to the extent the court’s decision to revoke Johnson’s placement was based in part on his failure to make full payment of his fees…the record does not establish that Johnson had the ability to make full payment of the fees.” Further, the appellate court wrote that Johnson could more easily afford the work release placement fees if he did not have a rent payment.

Thus, although Johnson did violate terms of his home detention, the Court of Appeals decided Monday that under the circumstances, the trial court abused its discretion in ordering Johnson to serve the rest of his sentence in prison. Thus, the case was remanded back to the trial court with instructions to enter an order that Johnson be placed on work release.

The case is Justin S. Johnson v. State of Indiana, 28A05-1602-CR-309.

Lewellyn Technology, an electrical safety and combustible dust consulting company, announced plans today to expand its offices here, creating up to 30 new high-wage jobs by 2021.
“From cybersecurity to defense to workplace safety initiatives, Hoosiers across the state are working to keep the nation safe,” said Governor Mike Pence. “With the growth of companies like Lewellyn Technology, Indiana has added more than 161,000 new jobs since just 2013. By building a growth-oriented business climate here in Indiana, we’re proud that homegrown Hoosier companies like Lewellyn Technology can find the resources they need to succeed.”

The company will invest $1.5 million into its 5,000-square-foot headquarters at 6210 Technology Center Drive in Boone County, adding an additional 3,000 square feet of office space that will include a new training center for employees and clients. Located in the Northwest Technology Park, the company will begin renovations early next year on its growing office, with plans for its new space to be operational by next summer. As part of its growth, Lewellyn Technology will support rising demand across the country for workplace safety training and services.

Lewellyn Technology currently employs 55 associates across the country, including more than 20 in Indiana. The company is currently hiring master electricians, combustible dust consultants, electrical engineers and sales associates, with plans to give hiring priority to military veterans. Average wages for news positions are expected to exceed the state’s average wage by nearly 40 percent. Interested applicants may apply through Indiana Career Connect.

“We are excited about the expansion and growth projections, which will allow us to better promote awareness of safety in the workplace, ensure longevity for our associates and continue job creation in Indiana,” said Mike Vea, president and co-owner of Lewellyn Technology.

Founded in 1993, Lewellyn Technology works to keep commercial facilities safe from electrical and combustible dust explosions and accidents. Offering services ranging from assessments, consulting, engineering and training, the company specializes in arc flash and combustible dust safety, in addition to offering on-site and online workplace safety training. The company serves clients ranging from Fortune 500 companies to small businesses, including universities and government units. Lewellyn Technology’s revenues have risen by 60 percent over the last three years and this year the company was recognized on the Inc. 5000 list of the nation’s fastest-growing private companies.

“The town of Zionsville is proud Lewellyn Technology chose to expand their current footprint and grow their talented workforce here in Zionsville,” said Zionsville Mayor Tim Haak. “We recognize their commitment to Zionsville and continue to be energized by the growth here.”

The Indiana Economic Development Corporation offered Lewellyn Technology LLC up to $275,000 in conditional tax credits and up to $50,000 in training grants based on the company’s job creation plans. These incentives are performance-based, meaning until Hoosiers are hired, the company is not eligible to claim incentives. The town of Zionsville approved additional incentives at the request of the Boone County Economic Development Corporation.

“Lewellyn Technology has been a great business addition to our research, development and technology park,” said Angela Wthington, vice president of asset management and development at Browning, which owns and manages Northwest Technology Park. “We are thrilled they selected Northwest Tech as their home and are already expanding. Browning looks forward to Lewellyn Technology’s continued success and growth here in Boone County.”

Lewellyn Technology is the fourth company in the last two months to announce that it is adding new jobs in Boone County. Together, these companies plan to create more than 740 new Hoosier jobs. This includes global software firm MOBI, which is investing $11.51 million to expand its operations and add 521 new jobs in Zionsville.