We granted writs in this case to resolve a conflict between the circuits over the meaning of Article 897.1 of the Louisiana Children’s Code. We find that Article 897.1 authorizes juvenile courts to use discretion in determining the length of commitment to the custody of the Department of Public Safety and Corrections of juveniles adjudicated guilty of armed robbery. We further find that Article 897.1 mandates that such commitments be made without benefit of parole, probation, or suspension of imposition or execution of sentence, modification, or furlough. Accordingly, we remand to the juvenile court for correction of the illegally lenient disposition originally imposed.
FACTS AND PROCEDURAL HISTORY
On August 20, 1997, A.M. and T. K., 14 and 15 years old respectively, pled guilty to armed robbery, a violation of La. Rev. Stat. 14:64, and were adjudicated delinquent. On October 23, 1997, the juvenile court committed the two to the custody of the Department of Public Safety and Corrections for a period of two years, all but six months of the two years being suspended.
The state filed a motion to correct an illegally lenient sentence on December 1, 1997, which was denied by the juvenile court. On September 9, 1998, the court of appeal reversed the juvenile court, holding that the law demanded that delinquent armed robbers be committed until the age of twenty-one, and, on September 30,1998, denied rehearing. This Court granted writs on February 12,1999.
LAW AND DISCUSSION
Article 897.1, as published, reads:
A. Notwithstanding any other provision of the law to the contrary, after adjudication of a felony-grade delinquent act based upon a violation of R.S. 14:30, first degree murder; R.S. 14:30.1, second degree murder; R.S. 14:42, aggravated rape; 14:44, aggravated kidnapping, R.S. 11:6k, armed robbery; or R.S. 14:113, treason; the court shall commit the child to the custody of the | ¡¿Department of Public Safety and Corrections to be placed within a secure detention facility until the child attains the age of twenty-one years without benefit of parole, probation, suspension of imposition or execution of sentence, modification, or furlough.
B. Notwithstanding any other provision of law to the contrary, after adjudication of a felony-grade delinquent act based upon a violation of R.S. lk:6k, armed robbery, the court shall commit the child to the custody of the Department of Public Safety and Corrections to be placed within a secure detention facility for the length of the term imposed by the court at the disposition hearing without benefit of parole, probation, suspension of imposition or execution of sentence, modification, or furlough. [Emphasis added].
In reversing the juvenile court’s finding that Article 897.1 allowed discretionary disposition, the Fourth Circuit reiterated its previous holding in State in the Interest of T.J.T., 97-0335, 97-0336, 97-0337, 97-0338, 97-0339, 97-0340 (La.App. 4th Cir. 4/9/97);
Relators contend that, as the Fifth Circuit held in State in the Interest of C.D., 95-160 (La.App. 5th Cir. 6/28/95);
The function of statutory interpretation and the construction to be given to legislative acts rests with the judicial branch of the government. Touchard v. Williams,
Because Article 897.1, in Section A, ambiguously requires that juvenile armed robbers be committed “without benefit” until the age of twenty-one, while in Section B indicates that those same juveniles are to be committed “for the length of the term imposed by the court,” we | ^examine the intent of the legislature to determine the meaning of the contrary terminology.
A particularly helpful guide in ascertaining the intent of the legislature is the legislative history of the statute in question. Theriot v. Midland Risk Ins. Co., 95-2895 (La.5/20/97);
The juvenile court used its discretion to commit the two juveniles to two years secure detention, with all but six months suspended. This sentence was clearly erroneously lenient, as Section B unambiguously mandates that all juveniles adjudicated delinquent based upon the commission of armed robbery be committed “without benefit of parole, probation,
HOLDING
Because the legislature clearly intended that armed robbery not be included in the list of offenses enumerated in Article 897.1, Section A, of the Louisiana Children’s Code, we find that juvenile courts are authorized to use discretion in determining the term of commitment to the custody of the Department of Public Safety and Corrections of juveniles adjudicated guilty of armed robbery. We further find that Article 897.1 mandatés that such commitments be made without benefit of parole, probation, or suspension of imposition or execution of sentence, modification, or furlough. Accordingly, we remand to the juvenile court for correction of the illegally lenient disposition originally imposed.
REVERSED, REMANDED.
Notes
JOHNSON, J. not on panel. See Rule IV, Part 2, Section 3.
