State of Louisiana in the Interest of C.B.

STATE OF LOUISIANA IN THE INTEREST OF NO. 22-K-97

C.B. FIFTH CIRCUIT

COURT OF APPEAL

STATE OF LOUISIANA

March 11, 2022

Susan Buchholz
First Deputy Clerk

IN RE CAMERON BOLDEN

APPLYING FOR SUPERVISORY WRIT FROM THE FORTIETH JUDICIAL DISTRICT COURT,
PARISH OF ST. JOHN THE BAPTIST, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE
NGHANA LEWIS, DIVISION "B", NUMBER 22-JV-19042

Panel composed of Judges Jude G. Gravois,
Marc E. Johnson, and Robert A. Chaisson

WRIT GRANTED

The juvenile, C.B., seeks this Court’s supervisory review of the juvenile
court’s order requiring that he be held in an adult facility.

According to the writ application, on February 7, 2022, C.B. was arrested for
illegal possession of a handgun by a juvenile in violation of La. R.S. 14:95.8. On
that same date, the juvenile court ordered that C.B. “shall be continued in the
custody of St. John the Baptist Parish Sheriff’s Office” and that a continued
custody hearing shall take place on February 10, 2022. On February 10, 2022, the
juvenile court found probable cause for all charges1 and ordered C.B. to remain
detained. On February 14, 2022, in a written Supplemental Order, the juvenile
court ordered that C.B. shall remain in custody, that he shall be housed in a
segregated unit away from all adults, and that he shall remain segregated from the
general population.

On February 25, 2022, C.B. filed a “Petition and Order for Writ of Habeas
Corpus and Motion for Release.” In response, the juvenile court set the matter for
hearing on March 15, 2022. On February 23, 2022, C.B. filed a “Petition for
Release and/or for Writ of Habeas Corpus and for Hearing within 72 Hours
[C.Cr.P. art. 354].” On February 25, 2022, a hearing was held, and the juvenile
court took the matter under advisement.2 C.B. subsequently filed “Notice of Intent

1
The minute entry attached to the writ application reflects that C.B. was also charged
with illegal possession of stolen things of a value of $1,500.00 or more and possession of a
firearm with an obliterated serial number.
2
The minute entry reflects that on February 25, 2022, the following occurred:

to Apply for Writ of Review Decision Dated February 15, 2022 Resulting in
Juvenile’s Continued Detention in Adult Jail.”

In this writ application, C.B. argues that the juvenile court’s orders that he
remain in the continued custody of the St. John the Baptist Parish adult jail on
charges not subject to the rules that can transfer a juvenile’s court jurisdiction to
adult criminal court were errors necessitating reversal. C.B. argues that the
provisions of La. Ch.C. art. 822 require that he be immediately released from the
St. John the Baptist Parish adult jail.

La. Ch.C. art. 822 provides:

Art. 822. Place of continued custody prior to adjudication
A. Following the hearing required by Article 819,3 the court may
order a child alleged to have committed a delinquent act or alleged
to have violated probation or parole for a delinquent act, continued
in custody in a licensed public or private facility for juveniles, if
licensure is required by law for such a facility, or in a private home
subject to the supervision of the court or in a juvenile detention
center.
B. The court shall not place a child alleged to be delinquent in the
custody of either the department of Children and Family Services
or the department of Public Safety and Corrections prior to
adjudication.
C. No child subject to the jurisdiction of the juvenile court shall be
held in an adult jail or lockup.

(Internal footnote added).

The 1991 comment to the article provides in pertinent part, “Paragraph C is
new and represents a change in the former law required to bring Louisiana law into
compliance with the requirements of the Juvenile Justice and Delinquency
Prevention Act, P.L. 93-415, 42 U.S.C. § 5601. Compare former C.J.P. Article
41(A)(1).”

La. Ch.C. art. 116 (10) provides that “Juvenile detention center” means the
same as a secure detention facility. La. Ch.C. art. 116 (24.1) provides that “Secure
detention facility” means a facility that provides a physically restricting

Petition for release hearing: Newton Savoie/State. Juvenile present from jail with
parent and attorney Fontella Baker. State made statements. Baker filed petition
for release and writ of habeas corpus. Attorney Baker makes statements.
Juvenile has been held in adult jail for almost three weeks. Gordon Jeffcoat made
testimony that St. John Parish is not a juvenile facility in a previous hearing.
State makes statements. State request [sic] that if juvenile is released to have
strick [sic] requirments. [sic] State will have ankle monitors ready for next week,
do not have them today. Div B filed a supplemenatal [sic] order to house juvenile
in adult jail on February 15, 2022. Baker filed motion to relese [sic] on
02/22/2022. State thinks matter should be taken to 5th Circuit. St. John Parish
has no contract with juvenile detention centers. Court takes matter under
advisement. Attorney Baker objects to court taken [sic] matter under advisement.
Attorney Baker needs to be served with both orders to keep juvenile in adult jail
so she can start appeal. Juvenile is to remain in adult jail. Court orders pre
Adj/pleas status set for March 15, 2022. Juvenile served.
3
La. Ch.C. art. 819 provides the law regarding continued custody hearings and time
limitations.

environment for the temporary care of children in accordance with the Minimum
Standards for Licensure of the Louisiana Detention Association.

In Lazard v. Foti, 02-2888 (La. 10/21/03), 859 So.2d 656, the plaintiff
argued that the sheriff had a duty to transfer the minor to a juvenile facility based
on La. Ch.C. art. 822(C). The Supreme Court agreed, noting that Article 822(C)
provided that “no child subject to the jurisdiction of the juvenile court shall be held
in an adult jail or lockup.” The Supreme Court stated that when a law is clear and
unambiguous and its application does not lead to absurd consequences, the law
shall be applied as written, and no further interpretation may be made in search of
the intent of the legislature. Accordingly, the Supreme Court found that it was
clear from the plain language of this Article that the sheriff had a duty not to keep
the minor in an adult facility. The Supreme Court also found that, “It follows from
Article 822(C), therefore, that the sheriff should have transferred a minor held in
an adult prison to an appropriate juvenile detention center.”
In the instant case, the juvenile court ordered the continuing detention of
C.B. at the St. John the Baptist Parish jail. La. Ch.C. art. 822(C) provides, “No
child subject to the jurisdiction of the juvenile court shall be held in an adult jail or
lockup.” Even though the juvenile court ordered that C.B. should be housed in a
segregated unit away from all adults and from the general population, Article 822
does not provide for such a situation. The February 25, 2022 minute entry reflects
that Mr. Jeffcoat previously testified that the St. John the Baptist Parish jail is not a
juvenile facility. In light of Article 822(C) and Lazard v. Foti, we find that the
juvenile court erred by ordering the continuing detention of C.B. at the St. John the
Baptist Parish jail. Based on Article 822(C), C.B. should not be held in an adult
jail or lockup. Accordingly, we grant this writ application and order the juvenile
court, within 24 hours of this disposition, to either transfer C.B. to a juvenile
detention center or release C.B. from custody subject to such terms, conditions,
and restrictions as determined by the juvenile court.
Gretna, Louisiana, this 11th day of March, 2022.

JGG
MEJ
RAC

SUSAN M. CHEHARDY CURTIS B. PURSELL

CHIEF JUDGE CLERK OF COURT

NANCY F. VEGA
FREDERICKA H. WICKER
CHIEF DEPUTY CLERK
JUDE G. GRAVOIS
MARC E. JOHNSON
ROBERT A. CHAISSON SUSAN S. BUCHHOLZ
STEPHEN J. WINDHORST
FIRST DEPUTY CLERK
HANS J. LILJEBERG
JOHN J. MOLAISON, JR. FIFTH CIRCUIT
MELISSA C. LEDET
JUDGES 101 DERBIGNY STREET (70053)
DIRECTOR OF CENTRAL STAFF
POST OFFICE BOX 489
GRETNA, LOUISIANA 70054 (504) 376-1400

(504) 376-1498 FAX
www.fifthcircuit.org

NOTICE OF DISPOSITION CERTIFICATE OF DELIVERY
I CERTIFY THAT A COPY OF THE DISPOSITION IN THE FOREGOING MATTER HAS BEEN
TRANSMITTED IN ACCORDANCE WITH UNIFORM RULES - COURT OF APPEAL, RULE 4-6 THIS
DAY 03/11/2022 TO THE TRIAL JUDGE, THE TRIAL COURT CLERK OF COURT, AND AT LEAST ONE OF
THE COUNSEL OF RECORD FOR EACH PARTY, AND TO EACH PARTY NOT REPRESENTED BY
COUNSEL, AS LISTED BELOW:

22-K-97
E-NOTIFIED
40th District Court (Clerk)
Honorable Nghana Lewis (DISTRICT JUDGE)
Honorable Vercell Fiffie (DISTRICT JUDGE)
Honorable Bridget A. Dinvaut (Respondent) Fontella F. Baker (Relator)

MAILED