§ 2-5-207A. Motion for imposition of adult sentence--Certification study--Guidelines
Oklahoma Statutes AnnotatedTitle 10A. Children and Juvenile CodeEffective: April 26, 2023
Effective: April 26, 2023
10A Okl.St.Ann. § 2-5-207A
§ 2-5-207A. Motion for imposition of adult sentence--Certification study--Guidelines
A. Whenever the district attorney determines there is good cause to believe that the person charged as a youthful offender would not reasonably complete a plan of rehabilitation or the public would not be adequately protected if the person were to be sentenced as a youthful offender, the district attorney may file a motion for the imposition of an adult sentence. The district attorney may elect when to file the motion for the imposition of an adult sentence as set forth as follows:
1. The district attorney may file the motion for the imposition of an adult sentence no later than fourteen (14) days prior to the start of the preliminary hearing. If the motion is properly filed prior to preliminary hearing, the court shall rule on such motion prior to a ruling to bind the person over for trial. Once the motion for imposition of an adult sentence is heard by the court, such motion cannot be filed again and argued to the trial court after arraignment.
3. If the accused's attorney indicates to the court that the accused wishes to plead guilty or nolo contendere to the charge or charges, the court shall notify the district attorney. The district attorney shall have ten (10) days after notification to file the motion for the imposition of an adult sentence. If the motion is properly filed, such motion will be heard and ruled upon by the trial court.
B. If a motion for imposition of an adult sentence was properly filed, the court shall order a certification study to be prepared by the Office of Juvenile Affairs, unless waived by the accused with approval of the court unless previously prepared pursuant to Section 2-5-206A of this title. Upon ordering the certification study, the court may order the parent, guardian, next friend, or other person legally obligated to care for and support the accused, to pay a fee to the Office of Juvenile Affairs of not less than One Hundred Dollars ($100.00), nor more than One Thousand Dollars ($1,000.00). The court shall set a reasonable date for the payment of the fee due to the Office of Juvenile Affairs for the completion of the certification study. In hardship cases, the court may establish a payment schedule.
D. After the hearing and consideration of the report of the investigation, the court shall certify the person as eligible for the imposition of an adult sentence only if the court finds by clear and convincing evidence that there is good cause to believe that the accused would not reasonably complete a plan of rehabilitation or that the public would not be adequately protected if the accused were to be sentenced as a youthful offender.
E. The court, in its decision on a motion for the imposition of an adult sentence, shall issue a written order and prepare detailed findings of fact and conclusions of law as to each of the considerations in subsections C and D of this section, and shall state that the court has considered each of the guidelines in reaching its decision.
Credits
Laws 2022, c. 375, § 7, eff. Nov. 1, 2022; Laws 2023, c. 97, § 1, emerg. eff. April 26, 2023.
10A Okl. St. Ann. § 2-5-207A, OK ST T. 10A § 2-5-207A
Current with emergency effective legislation through Chapter 295 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
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