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SUPREME COURT OF LOUISIANA No. 97-KA-2783 In Re: C.B., R.B., T.C., R.C., S.C., ET AL
ON DIRECT APPEAL FROM JUVENILE COURT PARISH OF EAST BATON ROUGE

Calogero, C. J.* This case presents an important issue which brings into focus the competing interests of governmental necessity and constitutional principle, having to do with the incarceration of juveniles adjudicated delinquent and the shortage of bed space within the juvenile facilities. The case comes to us because the Legislature passed a statute authorizing the Department of Public Safety and Corrections to promulgate a regulation requiring juveniles who have been adjudicated delinquent (not convicted of a crime) to be transferred to adult facilities upon reaching the age of seventeen. During their confinement in the adult facility, they are, according to the regulation promulgated by the Department of Public Safety and Corrections, to be treated for punitive purposes the same as the convicted adult felons with whom they are confined. The juvenile court judge determined that both the statute and the regulation violated the juveniles' due process rights, and therefore did not pass constitutional muster. The case comes to this Court on direct appeal by the State under Article V,

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