Brown, J.
Justin S. Johnson appeals the trial court’s order revoking his community corrections placement and ordering him to serve the remainder of his executed sentence in prison.
…
On December 1, 2014, Johnson and the State executed a plea agreement which provided that Johnson would plead guilty to neglect of a dependent resulting in serious bodily injury as a level 3 felony and that sentencing would be left to the discretion of the trial court.
On January 9, 2015, the court held a guilty plea and sentencing hearing. The court accepted the plea agreement and Johnson’s guilty plea and, at Johnson’s request, admitted the reports of two health care professionals which were completed in 2010 under another cause in connection with a previous charge against Johnson for forgery. … The report stated in part that Johnson “was adequately oriented but appears to have marked learning, cognitive, and memory deficits,” that Johnson “reported that he has been admitted for psychiatric hospitalizations on at least 3-4 occasions due to manic like symptoms,” he has been diagnosed with borderline intellectual functioning, he “is likely to meet criteria for Mild Mental Retardation if he were formally tested,” “he has a history of lifelong learning difficulties,” and that he “has had consistent problems with obtaining and maintaining employment, housing and managing financial needs.” …
….
Following argument by Johnson’s counsel, the trial court stated “[y]es it is a mitigating circumstance your challenges, mental challenges that you are facing,” that “the probation officer wanted the Court to find that the imprisonment of the person would result in undue hardship to the person, which I believe that, as your attorney indicated I believe placing you in the [DOC] is not going to be beneficial to you,” …
The court sentenced Johnson to eleven years with seven years executed, which was to be served on home detention through community corrections, and four years suspended to probation. The court ordered that Johnson have no contact with the victim as a condition of probation. …
….
On January 11, 2016, the court held a modification hearing at which the State presented evidence that Johnson lived in a high-rise, multi-family dwelling, and the testimony of a case manager that, while Johnson received a verbal authorization to be outside of his dwelling on October 7, 2015, the instruction was to report to the social security office in Bloomington and that he instead went to the Shalom Center in Bloomington, and when later confronted by the case manager he denied having gone anywhere but the social security office. …
… At Johnson’s request, the court admitted into evidence the two reports prepared by the health care professionals in 2010. The State recommended that Johnson be transferred to the DOC for the remainder of his sentence, and Johnson’s counsel requested the court to place him at the work release facility and argued he has the funds to participate in the program.
….
The trial court stated that it was going to show that Johnson’s sentence would be modified to seven years executed in the DOC and that he would receive credit for time served in home detention, work release, and the Greene County Jail, which was 640 days total with good time credit.
… The issue is whether the trial court abused its discretion in revoking Johnson’s placement in community corrections and ordering him to serve the remainder of his executed sentence in the DOC. For purposes of appellate review, we treat a hearing on a petition to revoke a placement in a community corrections program the same as we do a hearing on a petition to revoke probation. Cox v. State, 706 N.E.2d 547, 549 (Ind. 1999). …
Probation revocation is a two-step process. Woods v. State, 892 N.E.2d 637, 640 (Ind. 2008); Treece v. State, 10 N.E.3d 52, 56 (Ind. Ct. App. 2014) (setting forth the two-step process in addressing the revocation of placement in community corrections), trans. denied. First, the court must make a factual determination that a violation of a condition of probation actually occurred. Woods, 892 N.E.2d at 640. If a violation is proven, then the trial court must determine if the violation warrants revocation of the probation. Id. …
“We review a trial court’s sentencing decision in a probation revocation proceeding for an abuse of discretion.” Puckett v. State, 956 N.E.2d 1182, 1186 (Ind. Ct. App. 2011) (citing Abernathy v. State, 852 N.E.2d 1016, 1020 (Ind. Ct. App. 2006)). An abuse of discretion occurs if the trial court’s decision is against the logic and effect of the facts and circumstances before the court. Id. …A trial court’s discretion in determining an appropriate sentence for a probation violation is not boundless. See id. at 1188.
….
The evidence supports the trial court’s determination that Johnson violated the term of his community corrections placement that he not leave his apartment and its decision to revoke the placement. However, under the circumstances reflected in the record, including the level of Johnson’s functioning and his resources, his previous successful placement on work release, the nature of the violation, and the severity of the court’s sentence, we conclude that the trial court abused its discretion in finding that Johnson’s violation warranted serving the entirety of the remaining portion of his executed sentence in the DOC. … Accordingly, we remand to the trial court with instructions to enter an order that Johnson be placed on work release for the remaining portion of his executed sentence.
Reversed and remanded.
Robb, J., and Mathias, J., concur.