YOUTHFUL OFFENDER ACT
2022 Okla. Sess. Law Serv. Ch. 375 (S.B. 217) (WEST)
2022 Okla. Sess. Law Serv. Ch. 375 (S.B. 217) (WEST)
OKLAHOMA 2022 SESSION LAW SERVICE
Fifty-Eighth Legislature, 2022 Second Regular Session
CHAPTER 375
S.B. No. 217
YOUTHFUL OFFENDER ACT
An Act relating to the Oklahoma Juvenile Code; amending 10A O.S. 2021, Sections 2–5–201, 2–5–202, 2–5–203, 2–5–204, and 2–5–205, which relate to the Youthful Offender Act; removing obsolete implementation date; modifying definitions; stating legislative intent; prohibiting requirement for disclosure of certain information; providing exception; requiring district attorney to provide certain information to the Office of Juvenile Affairs for certification study; requiring person to be charged or prosecuted as an adult under certain circumstances; modifying requirements and procedures for charging as a juvenile delinquent; modifying requirements and procedures for charging as a youthful offender or adult; modifying procedures for appointment of counsel; specifying eligibility for youthful offender status upon commission of certain crimes; specifying procedures for charging person as youthful offender or as an adult; establishing certain presumption; allowing waiver of certain preliminary hearing within specified time period; prohibiting adult sentence under certain circumstances; providing for waiver of certain right under certain circumstances; modifying procedures for certification as a juvenile; establishing procedures for motions for certification as a juvenile; requiring certification study; allowing waiver of certain study; authorizing fee for completion of certain study; requiring court to consider certain guidelines; requiring written order for decision on certain motion; authorizing appeal of certain order to the Court of Criminal Appeals; prohibiting review by trial court of certain certification order; establishing procedures for motions for imposition of adult sentence; requiring certification study; allowing waiver of certain study; authorizing fee for completion of certain study; requiring court to consider certain guidelines; specifying burden of proof for establishing eligibility for imposition of adult sentence; requiring written order for decision on certain motion; authorizing appeal of certain order to the Court of Criminal Appeals; prohibiting review by trial court of certain order; establishing requirements for imposition of sentence for youthful offender; specifying placement options for youthful offender; prohibiting certain sentence from exceeding maximum term; requiring certain filing; requiring rehabilitation plan upon certain placement; specifying required contents of rehabilitation plan; establishing procedures for certain review hearings; requiring certain notice; authorizing certain actions by the court at certain review hearings; requiring certain hearing prior to eighteenth birthday of youthful offender; requiring court to make certain determinations; authorizing extension of jurisdiction under certain circumstances; providing for final disposition of youthful offender; authorizing appeal of certain order to the Court of Criminal Appeals; defining terms; establishing procedures for transfer of youthful offender to the custody of the Department of Corrections; specifying burden of proof for certain finding; requiring written order for certain transfer; requiring certain transfer order to be recorded as an adult conviction; requiring court to provide certain information to Department of Corrections upon transfer of custody of a youthful offender; providing for application of certain credits; establishing procedures for certain expungement; defining term; amending 10A O.S. 2021, Sections 2–5–212 and 2–5–213, which relate to the Youthful Offender Act; clarifying authority of the Office of Juvenile Affairs for custody of youthful offender; clarifying authority of court for certain reintegration; conforming language for certain adjudications; modifying statutory references; repealing 10A O.S. 2021, Sections 2–5–206, 2–5–207, 2–5–208, 2–5–209, and 2–5–210, which relate to the Youthful Offender Act; providing for codification; and providing an effective date.
SUBJECT: Youthful Offender Act
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
<< OK ST T. 10A § 2–5–201 >>
SECTION 1. AMENDATORY 10A O.S. 2021, Section 2–5–201, is amended to read as follows:
Section 2–5–201. Sections 2–5–201 through 2–5–213 of this title shall be known and may be cited as the “Youthful Offender Act”. The Youthful Offender Act shall be implemented beginning January 1, 1998.
<< OK ST T. 10A § 2–5–202 >>
SECTION 2. AMENDATORY 10A O.S. 2021, Section 2–5–202, is amended to read as follows:
Section 2–5–202. A. For the purposes of the Youthful Offender Act:
1. “Youthful offender” means a person:
a. thirteen (13) or fourteen (14) years of age who is charged with murder in the first degree and certified as a youthful offender as provided by Section 2–5–205 of this title,
b. fifteen (15), sixteen (16), or seventeen (17) years of age and charged with a crime listed in subsection A C of Section 2–5–206 2–5–205 of this title, and
c. sixteen (16) or seventeen (17) years of age and charged with a crime listed in subsection B E of Section 2–5–206 2–5–205 of this title,
if the offense was committed on or after January 1, 1998 November 1, 2022; provided, the state shall not base the timing of the filing of any charges solely on the applicability of the Youthful Offender Act;
2. “Sentenced as a youthful offender” means the imposition of a court order making disposition of a youthful offender as provided by Section 2–5–209 of this title which shall constitute an adult criminal sentence if the youthful offender is transferred to the custody or supervision of the Department of Corrections; and
3. “Next friend” means an individual or executive of an organization who has assumed a parental role without formal legal proceedings, but to all objective observers is readily identified as custodian or guardian in fact;
4. “Certification as an adult” means a person for whom the court has granted a motion for the imposition of an adult sentence pursuant to subsection C of Section 7 of this act;
5. “Certification as a juvenile” means a person for whom the court has granted a motion for certification as a juvenile pursuant to subsection B of Section 6 of this act;
6. “Certification study” means a report prepared for the court by the Office of Juvenile Affairs that includes but is not limited to information related to the circumstances of an offense, any injury that may have occurred, the history of the person in the juvenile justice system, and a psychological evaluation. Such study shall address the guidelines established in subsection B of Section 6 of this act; and
7. “Juvenile delinquent” means a person who is accused of committing an act which could be prosecuted under subsection A, B, C, D, or E of Section 2–5–205 of this title and against whom the district attorney has chosen to file a petition alleging the person as delinquent.
B. It is the purpose of the Youthful Offender Act to better ensure the public safety by holding youths accountable for the commission of serious crimes, while affording courts methods of rehabilitation for those youths the courts determine, at their discretion, may be amenable to such methods. It is the further purpose of the Youthful Offender Act to allow those youthful offenders whom the courts find to be amenable to rehabilitation by the methods prescribed in the Youthful Offender Act to be placed in the custody or under the supervision of the Office of Juvenile Affairs for the purpose of accessing the rehabilitative programs provided by that Office.
C. It is the intent of the Legislature to fully utilize the Youthful Offender Act as a means to protect the public while rehabilitating and holding youth accountable for serious crimes. The Legislature finds that eligible seventeen-year-olds should have the opportunity to be processed as youthful offenders as provided by law and held accountable through the provisions of the Youthful Offender Act for custody, institutional placement, supervision, extended jurisdiction within the Office of Juvenile Affairs (OJA), and the ability to transfer youthful offenders to the Department of Corrections when incarceration or additional supervision is required beyond the maximum age allowed in the OJA. No older youth should be deemed ineligible or denied consideration as a youthful offender who is otherwise lawfully eligible based upon the age of the youth being seventeen (17) years, but it is the intent of the Legislature that such youthful offender shall not remain in the custody or under the supervision of the OJA beyond the youthful offender's maximum age of eighteen (18) years and six (6) months or until nineteen (19) years of age if jurisdiction has been extended as provided in subsection D of Section 9 of this act. To deny access to an otherwise eligible older youth without cause is to circumvent the original intent of the Legislature in creating the Youthful Offender Act.
D. Unless otherwise provided by law, when a court determines that a youthful offender has successfully completed his or her treatment and rehabilitation plan and is discharged by the court without a court judgment of guilt and the case dismissed with prejudice, the arrest or adjudication record does not have to be disclosed for the purposes of employment, civil rights, or any regulation, license, questionnaire, application, or any other public purpose. Any prohibition regarding possession of firearms pursuant to Section 1283 of Title 21 of the Oklahoma Statutes shall still be applicable.
E. In any case for which the court orders a certification study, the district attorney shall provide to the Office of Juvenile Affairs (OJA) a copy of any police report and all other relevant documents or information in the possession of the district attorney or any other law enforcement agency that has reported to the district attorney in the case, which should be considered in preparing the ordered report. The police reports, any report from the Oklahoma State Bureau of Investigation, and any other relevant documents or information as available, shall be provided to the OJA within five (5) business days of the issuance of the order.
F. In any case for which the court orders a certification study, the attorney for the youth is ordered to provide to OJA the names and contact information of the youth's parents, guardians, or next friend, along with any relevant documents or information the youth requests OJA to consider in the preparation of the ordered report. The names and contact information and any other documents or information shall be provided to OJA within five (5) business days of the issuance of the order.
<< OK ST T. 10A § 2–5–203 >>
SECTION 3. AMENDATORY 10A O.S. 2021, Section 2–5–203, is amended to read as follows:
Section 2–5–203. A. 1. A child who is charged with having violated any a state statute or municipal ordinance other than as provided in Sections Section 2–5–205 and 2–5–206 of this title shall not be tried in a criminal action as an adult or a youthful offender, but in a juvenile proceeding, unless previously adjudicated as a youthful offender or sentenced as an adult under the provisions of the Youthful Offender Act or certified as an adult pursuant to Section 2–2–403 of this title.
2. However, when When multiple offenses occur within the same course of conduct within the same county and the person is prosecuted for at least one offense as a youthful offender or as an adult pursuant to subsection A, B, C, D, or E of Section 2–5–205 or 2–5–206 of this title, then all the charges may be prosecuted under the same action pursuant to the provisions of the Youthful Offender Act, if so ordered by the court. The decision to join the cases shall not be appealable as a final order. If the offense or offenses listed in subsection A, B, C, D, or E of Section 2–5–205 or Section 2–5–206 of this title is are subsequently dismissed for any reason, or if a verdict of not guilty is returned, then any remaining pending charges shall be transferred to the juvenile court.
B. If, during the pendency of a criminal or quasi-criminal charge against any person action under the Youthful Offender Act, it shall be ascertained that the person was a child at the time of committing the alleged offense and had not reached the age requirement for filing charges under subsection A, B, C, D, or E of Section 2–5–205 of this title, the district court or municipal court shall immediately transfer the case, together with all the papers, documents and testimony connected therewith, to the juvenile division of the district court. The division making such transfer shall order the child to be taken forthwith to the place of detention designated by the juvenile division, to that division itself, or release such child to the custody of some suitable person to be brought before the juvenile division.
C. Nothing in this section shall be construed to prevent the exercise of concurrent jurisdiction by another division of the district court or by municipal courts in cases involving children wherein the child is charged with the violation of a state or municipal traffic law or ordinance.
D. 1. If a person commits an act which could have been charged under subsection A, B, C, D, or E of Section 2–5–205 of this title but, through no fault of the state, the crime was not reported or did not become known to the district attorney or law enforcement until the person reached eighteen (18) years of age, the person shall be held accountable for his or her act as an adult and shall not be subject to the provisions of the Youthful Offender Act or the provisions of the Juvenile Code for certification as a juvenile.
2. In the event a person who is charged as a youthful offender with a crime listed in subsection A, B, C, D, or E of Section 2–5–205 of this title willfully and purposefully avoids arrest after reasonable attempts by law enforcement to apprehend on his or her warrant shall be prosecuted as an adult if apprehended after the person turns eighteen (18) years of age.
<< OK ST T. 10A § 2–5–204 >>
SECTION 4. AMENDATORY 10A O.S. 2021, Section 2–5–204, is amended to read as follows:
Section 2–5–204. A. A child who is arrested for an offense pursuant to subsection A or B of Section 2–5–206 of this title, or who is certified as a youthful offender pursuant to subsection A, B, C, D, or E of Section 2–5–205 of this title, shall may, depending on the child's age and alleged crime, be charged by as a juvenile delinquent, youthful offender, or an adult. If charged as a juvenile delinquent, a petition shall be filed. If charged as a youthful offender or adult, an information in the same manner as provided for adults shall be filed. At any time after the child is charged as a youthful offender or adult, the district attorney may dismiss the information and file a juvenile delinquent petition.
B. If the child is not otherwise represented by counsel and either the child, his or her parent, guardian, or next friend requests an attorney prior to or during interrogation, or whenever upon being charged by information, as provided in subsection A of this section, the court shall appoint an attorney, who shall not be a district attorney, for the child regardless of any attempted waiver by the parent, legal guardian, or other legal custodian of the child next friend of the right of the child to be represented by counsel. Counsel shall be appointed by If the court only upon determination by appoints an attorney for a child for the interrogation or at the initial appearance, the court that the shall review the appointment at a subsequent hearing to determine if the child, parent, legal guardian, or legal custodian is found to be indigent next friend qualifies for a court-appointed attorney.
C. When a person is certified proceeds to stand trial as either a youthful offender or as an adult or a youthful offender as provided by the Youthful Offender Act, the accused person shall have all the statutory and constitutional rights and protections of an adult accused of a crime. All proceedings shall be as for a criminal action and the provisions of Title 22 of the Oklahoma Statutes shall apply, except as provided for in the Youthful Offender Act.
D. All youthful offender court records for a person who is certified to stand trial as an adult or youthful offender shall be considered adult records and shall not be subject to the provisions of Chapter 6 of the Oklahoma Juvenile Code; provided, however, all reports, evaluations, motions, records, exhibits or documents regarding the educational history, mental health or medical treatment or condition of the offender person that are submitted to the court or admitted into evidence during the hearing on the motion for certification as a juvenile or a youthful offender to the juvenile system or on the motion for imposition of an adult sentence shall be confidential and shall be filed or admitted under seal, except that such records shall be provided to the Office of Juvenile Affairs. Any testimony regarding the reports, evaluations, motions, records, exhibits or documents shall be given in camera and shall not be open to the general public; provided, all persons having a direct interest in the case as provided in paragraph 1 of subsection A of Section 2–2–402 of this title shall be allowed to be present during the testimony but shall be admonished not to discuss the testimony following the hearing. All reports, evaluations, motions, records, exhibits or documents shall be released from under seal by order of the court if the youthful offender is sentenced to the custody or supervision of the Department of Corrections by the court pursuant to paragraph 1 of subsection B of Section 2–5–209 or paragraph 5 of subsection B of Section 2–5–210 of this title or if the juvenile or youthful offender is later charged as an adult with a felony crime.
E. Proceedings against a youthful offender shall be heard by any judge of the district court.
F. Upon arrest and detention of a person subject to the provisions of Section 2–5–205 or 2–5–206 of this title the Youthful Offender Act, the person has the same right to be released on bail as would an adult in the same circumstances.
G. Upon certification for the imposition of an adult sentence, a verdict of guilty or entry of a plea of guilty or nolo contendere by a youthful offender who has been certified for the imposition of an adult sentence as provided by Section 2–5–208 2–5–207 of this title, the person may be detained in an adult jail, adult lockup, adult detention facility or other adult facility if that facility is licensed by the State Department of Health to detain children under eighteen (18) years of age while the person is awaiting housing by the Department of Corrections.
H. A child or youthful offender shall be tried as an adult in all subsequent criminal prosecutions, and shall not be subject to the jurisdiction of the juvenile court as a juvenile delinquent or youthful offender processes in any further proceedings if:
1. The child or youthful offender has been certified to stand trial as an adult pursuant to any certification procedure provided by law and is subsequently convicted of the alleged offense or against whom the imposition of judgment and sentence has been deferred; or
2. The youthful offender has been certified for the imposition of an adult sentence as provided by Section 2–5–208 2–5–207 of this title and is subsequently convicted of the alleged offense or against whom the imposition of judgment and sentencing has been deferred.
I. Except as otherwise provided in the Youthful Offender Act, a person who has been certified as a youthful offender shall be prosecuted as a youthful offender in all subsequent criminal proceedings until the youthful offender has attained eighteen (18) years of age.
All proceedings for the commission of a crime committed after a youthful offender has reached eighteen (18) years of age shall be adult proceedings.
<< OK ST T. 10A § 2–5–205 >>
SECTION 5. AMENDATORY 10A O.S. 2021, Section 2–5–205, is amended to read as follows:
Section 2–5–205. A. Any person thirteen (13) or fourteen (14) years of age who is charged with murder in the first degree shall be held accountable for the act as if the person were an adult; provided, the person may be certified as a youthful offender or a juvenile as provided by this section, unless the person is subject to the provisions of subsection H of Section 2–5–204 of this title.
B. Any person fifteen (15), sixteen (16) or seventeen (17) years of age who is charged with murder in the first degree or rape in the first degree or attempt thereof at that time shall be held accountable for his or her act as if the person was an adult and shall not be subject to the provisions of the Youthful Offender Act or the provisions of the Juvenile Code for certification as a juvenile. The person shall have all the statutory rights and protections of an adult accused of a crime. All proceedings shall be as for a criminal action and the provisions of Title 22 of the Oklahoma Statutes shall apply. A person having been convicted as an adult pursuant to this paragraph shall be tried as an adult for every subsequent offense.
C. 1. Any person fifteen (15), sixteen (16) or seventeen (17) years of age who is charged with:
1. Murder in the second degree;
2. Kidnapping or attempt thereof;
3. Manslaughter in the first degree;
4. Robbery with a dangerous weapon or a firearm or attempt thereof;
5. Robbery in the first degree or attempt thereof;
6. Robbery committed by two or more persons;
7. Rape by instrumentation or attempt thereof;
8. Forcible sodomy;
9. Lewd acts or proposals to a child under sixteen (16) years of age or any offense in violation of subsection A of Section 1123 of Title 21 of the Oklahoma Statutes;
10. Domestic abuse by strangulation;
11. Arson in the first degree or attempt thereof; or
12. Any offense in violation of Section 652 of Title 21 of the Oklahoma Statutes,
shall be held accountable for such acts as a youthful offender; provided, the person may be certified as a juvenile or as an adult as provided by the provisions of the Youthful Offender Act.
D. At the sole discretion of the district attorney, any person fifteen (15), sixteen (16) or seventeen (17) years of age who is charged with rape in the first degree or attempt thereof may be held accountable for his or her act as if the person was an adult or as a youthful offender. When charged as an adult, the person shall have all the statutory rights and protections of an adult accused of a crime. All proceedings shall be as for a criminal action and the provisions of Title 22 of the Oklahoma Statutes shall apply. A person having been convicted as an adult pursuant to this subsection shall be tried as an adult for every subsequent offense. When charged as a youthful offender, the person shall be held accountable for such acts as a youthful offender; provided, the person may be certified as a juvenile or as an adult as provided by the Youthful Offender Act.
E. Any person sixteen (16) or seventeen (17) years of age who is charged with:
1. Burglary in the first degree or attempted burglary in the first degree;
2. Battery or assault and battery on a state employee or contractor while in the custody or supervision of the Office of Juvenile Affairs;
3. Aggravated assault and battery of a police officer;
4. Intimidating a witness;
5. Trafficking in or manufacturing illegal drugs;
6. Assault and battery with a deadly weapon;
7. Maiming;
8. Residential burglary in the second degree after two or more adjudications that are separated in time for delinquency for committing burglary in the first degree or residential burglary in the second degree;
9. Rape in the second degree; or
10. Use of a firearm while in commission of a felony,
may be held accountable for such acts as a youthful offender; provided, the person may be certified as a juvenile or as an adult as provided by the Youthful Offender Act.
F. 1. For any charges listed in Sections A, C, D, or E of this section, the district attorney may elect to file a petition alleging the person to be delinquent or may file an information charging the person as a youthful offender. The district attorney shall immediately notify the Office of Juvenile Affairs upon the filing of any youthful offender charges.
2. After an information has been filed charging a person as a youthful offender under Sections A, C, D, or E of this section, or as an adult under subsection B of this section, the district attorney may elect to amend or dismiss the information and refile any or all charges in a delinquent petition.
3. Upon the filing of an information, the person's complete juvenile record shall be made available to the district attorney and the person's attorney.
G. 1. Upon the filing of an adult criminal information against such accused a person, a warrant shall be issued which shall set forth the rights of the accused person, and the rights of the parents, guardian, or next friend of the accused person to be present at the preliminary hearing, and to have an attorney present and to make application for certification of such accused person as a youthful offender to the district court for the purpose of prosecution as a youthful offender.
2. The warrant shall be personally served together with a certified copy of the information on the accused person and on a custodial parent, guardian, or next friend of the accused person. The court may inquire of the accused as to the whereabouts of his or her parents, guardian, or next friend in order to avoid unnecessary delay in the proceedings.
3. When personal service of a custodial parent, guardian, or next friend of the accused person cannot be effected completed, service may be made by certified mail to such the person's last-known address, requesting a return receipt from the addressee only. If delivery is refused, notice may be given by mailing the warrant and a copy of the accused's warrant information on the accused person by regular first-class mail to the address where the person to be notified refused delivery of the notice sent by certified mail. Where the address of a custodial parent, guardian or next friend is not known, or if the mailed copy of the accused's warrant and copy of the information on the accused person is returned for any reason other than refusal of the addressee to accept delivery, after a thorough search of all reasonably available sources to ascertain the whereabouts of a custodial parent, guardian, or next friend has been conducted, the court may order that notice of the hearing be given by publication one time in a newspaper of general circulation in the county. In addition, the The court may also order other means of service of notice that the court deems advisable or in the interests of justice.
4. Before service by publication is ordered, the court shall conduct an inquiry to determine whether a thorough search has been made of all reasonably available sources to ascertain the whereabouts of any party person for whom notice by publication is sought.
H. The court shall commence a the preliminary hearing within ninety (90) days of the filing of the information, pursuant to Section 258 of Title 22 of the Oklahoma Statutes, to determine whether the a crime was committed and whether if there is probable cause to believe the accused person committed a the crime. If the The requirement for the preliminary hearing to be held within ninety (90) days may be waived by the accused.
1. For a person charged under subsection A or B of Section 2–5–205 of this title, if the preliminary hearing is not commenced within ninety (90) days of the filing date of the accused person is charged information, the district court shall hold a hearing to determine the reasons for delay utilizing the procedure set out in Section 812.2 of Title 22 of the Oklahoma Statutes, to ensure the preliminary hearing is expedited, unless the ninety-day requirement has been waived by the accused.
2. For a person charged under subsection C, D, or E of Section 2–5–205 of this title, if the preliminary hearing is not commenced within ninety (90) days of the filing of the information, the district attorney shall be prohibited from seeking an adult sentence unless the ninety-day requirement has been waived by the accused. If
3. For an accused person charged under subsection A, B, C, D, or E of Section 2–5–205 of this title, if the whereabouts of the accused are unknown at the time of the filing of the information or if the accused is a fugitive, the State of Oklahoma shall make reasonable efforts to locate the accused in order to commence the proceedings. An accused who flees the jurisdiction of the court or purposely avoids apprehension for the charges, waives the right to have the preliminary hearing commenced within ninety (90) days of the filing of the information. An accused who fails to cooperate with providing information in locating the parents of the accused, guardian, or next friend for purpose of notice waives the right to have the preliminary hearing commence within ninety (90) days of the filing of the information. If the preliminary hearing did does not commence within ninety (90) days from the filing of the information due to the absence or inability to locate the accused, the preliminary hearing shall commence within ninety (90) days after the state has actual notice of the in-state location of the accused. If the accused is found out of state, the court shall set the hearing within ninety (90) days after the accused has been returned to the State of Oklahoma. An accused who fails to cooperate with providing information in locating his or her parent, guardian, or next friend for purposes of notice waives the right to have the preliminary hearing commence within ninety (90) days of the filing of the information.
SECTION 6. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 2–5–206A of Title 10A, unless there is created a duplication in numbering, reads as follows:
<< OK ST T. 10A § 2–5–206A >>
A. 1. When the attorney for the accused person determines there is good cause to believe the accused should have been charged as a delinquent and not as youthful offender, the attorney for the accused shall file a motion for certification as a juvenile. The motion for certification as a juvenile shall be filed prior to the start of the preliminary hearing. No motion for certification as a juvenile may be filed after the preliminary hearing has begun.
2. If a motion for certification as a juvenile has been filed, the court shall order a certification study to be conducted, unless waived by the accused with the approval of the court. Any such certification study shall be completed by the Office of Juvenile Affairs. Upon ordering the certification study, the court shall determine if the parent, guardian, next friend, or other person legally obligated to care for and support the child has the ability to pay costs for the study and if so, the court may order payment of such costs to the Office of Juvenile Affairs in an amount not to exceed 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.
B. When ruling on a motion for certification as a juvenile, the court shall consider the following guidelines with greatest weight to be given to paragraphs 1, 2, and 3:
1. Whether the alleged offense was committed in an aggressive, violent, premeditated, or willful manner, and the accused person's level of involvement in the offense;
2. Whether the offense was against persons and if personal injury resulted, the degree of personal injury, and the statement or statements of the victim or victims;
3. The record and past history of the accused person including previous contacts with law enforcement agencies and juvenile or criminal courts, prior periods of probation, and commitments to juvenile institutions;
4. The sophistication, age, and maturity of the person and the capability of distinguishing right from wrong as determined by consideration of the person's psychological evaluation, home, environmental situation, emotional attitude, and pattern of living;
5. The prospects for adequate protection of the public if the accused is processed through the juvenile justice system as either a delinquent or youthful offender;
6. The reasonable likelihood of rehabilitation if the accused is found to have committed the offense, by the use of programs and facilities currently available to the court through the juvenile justice system; and
7. Whether the offense occurred while the accused was escaping or on escape status from a facility or placement for youthful offenders or delinquent children.
C. The court, in its decision on a motion for certification as a juvenile, shall issue a written order and prepare detailed findings of fact and conclusions of law as to each of the considerations in subsection B of this section, and shall state that the court has considered each of the guidelines in reaching its decision.
D. The order granting or denying the motion for certification as a juvenile shall be a final order, appealable to the Court of Criminal Appeals when entered.
E. An order certifying the accused person as a juvenile shall not be reviewable by the trial court.
SECTION 7. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 2–5–207A of Title 10A, unless there is created a duplication in numbering, reads as follows:
<< OK ST T. 10A § 2–5–207A >>
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.
2. The district attorney may file the motion for the imposition of an adult sentence no later than thirty (30) days following formal arraignment. If the motion is properly filed, such motion will be heard and ruled upon by the trial court.
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 6 of this act. Upon ordering the certification study, the court shall 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 ($1000.00). 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.
C. When ruling on a motion for the imposition of an adult sentence, the court shall consider the following guidelines with greatest weight to be given to paragraphs 1, 2, and 3:
1. Whether the alleged offense was committed in an aggressive, violent, premeditated, or willful manner, and the accused's level of involvement in the offense;
2. Whether the offense was against persons and, if personal injury resulted, the degree of personal injury, and the statement or statements of the victim or victims;
3. The record and past history of the accused person including previous contacts with law enforcement agencies and juvenile or criminal courts, prior periods of probation, and commitments to juvenile facilities or placements;
4. The sophistication, age, and maturity of the person and the capability of distinguishing right from wrong as determined by consideration of the person's psychological evaluation, home, environmental situation, emotional attitude, and pattern of living;
5. The prospects for adequate protection of the public if the accused person is processed through the juvenile justice system as either a delinquent or youthful offender;
6. The reasonable likelihood of rehabilitation if the accused is found to have committed the offense, using programs and facilities currently available to the court through the juvenile justice system; and
7. Whether the offense occurred while the accused person was escaping or on escape status from a facility or placement for youthful offenders or delinquent children.
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.
F. The order granting or denying the motion for the imposition of an adult sentence shall be a final order, appealable to the Court of Criminal Appeals when entered.
G. An order granting the district attorney's motion for the imposition of an adult sentence shall not be reviewable by the trial court.
SECTION 8. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 2–5–208A of Title 10A, unless there is created a duplication in numbering, reads as follows:
<< OK ST T. 10A § 2–5–208A >>
A. After consideration of the evidence and argument presented, the court shall impose a sentence. The court may sentence the youthful offender to the same range of punishment, except for capital offenses, as an adult who was convicted of the same offense or offenses. Any sentence imposed upon a youthful offender may be served in the supervision or custody of the Office of Juvenile Affairs until one of the following occurs:
1. The expiration of the sentence;
2. The youthful offender is discharged from supervision or custody of the Office of Juvenile Affairs by the court; or
3. The court transfers the youthful offender to the custody or supervision of the Department of Corrections.
In addition to the placement of the youthful offender in the supervision or custody of the Office of Juvenile Affairs, the court may issue orders regarding the youthful offender as provided by law for the disposition of an adjudicated juvenile delinquent as long as the age of the youthful offender does not exceed nineteen (19) years of age.
B. A youthful offender adjudication is not an adult conviction, nor shall any youthful offender adjudication prevent the youthful offender from exercising any right or privilege under law.
C. The sentence imposed by the court on a youthful offender who is transferred to the custody or supervision of the Department of Corrections shall not exceed the maximum term of the original sentence.
D. Upon adjudicating a youthful offender, the court shall file a Judgment of Adjudication as a Youthful Offender. The Judgment of Adjudication shall reflect the date of adjudication, the adjudicated crimes, and the youthful offender sentence imposed.
E. Whenever a youthful offender is placed in the custody or under the supervision of the Office of Juvenile Affairs, the Office of Juvenile Affairs shall, within thirty (30) days of receiving notification of the placement, prepare and file with the court the written rehabilitation plan for the youthful offender. The rehabilitation plan shall ensure the protection of the public and shall include but not be limited to:
1. The placement decision, such as community, group home, secure care, or specialized placement;
2. The youthful offender's treatment and educational needs;
3. The measurable objectives required for the youthful offender's successful completion of the rehabilitation plan;
4. The treatment objectives for the youthful offender's parent, guardian, or next friend; and
5. If the youthful offender is placed in a group home, secure care, or specialized placement, the preconditions for reintegration into the community.
SECTION 9. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 2–5–209A of Title 10A, unless there is created a duplication in numbering, reads as follows:
<< OK ST T. 10A § 2–5–209A >>
A. The court shall schedule a youthful offender review hearing no less than every six (6) months. Additional review hearings may be scheduled upon the motion of the court or for good cause shown at the request of the youthful offender's attorney, the district attorney, or the Office of Juvenile Affairs. Notice shall be given to the youthful offender, the counsel, parent or guardian of the youthful offender, the district attorney, and the Office of Juvenile Affairs at the time the motion for review is made or filed. At the review hearing, the court may:
1. Extend the jurisdiction of the court, and the Office of Juvenile Affairs, as specified in subsection B and C of this section;
2. Order a community-placed youthful offender, if less than eighteen (18) years of age, into a sanctions program operated or contracted by the Office of Juvenile Affairs, if available, if the court determines the youthful offender has failed to comply with the rehabilitation plan;
3. Revoke the youthful offender's community placement and place the youthful offender in the custody of the Office of Juvenile Affairs if such offender is less than eighteen (18) years of age, if the court determines the youthful offender has substantially failed to comply with the rehabilitation plan;
4. Discharge the youthful offender from the supervision or custody of the Office of Juvenile Affairs without a court judgment of guilt and dismiss the case; or
5. Transfer the youthful offender from the supervision or custody of the Office of Juvenile Affairs to the Department of Corrections pursuant to the provisions of paragraph 2 of subsection A of Section 10 of this act.
B. The court shall hold a hearing thirty (30) days prior to the youthful offender's eighteenth birthday, if the sentence has not expired, or the youthful offender has not been transferred to the custody or supervision of the Department of Corrections. At the hearing, the court shall make one of the following determinations to:
1. Extend the custody or supervision of Office of Juvenile Affairs, to continue the youthful offender's rehabilitation plan;
2. Discharge the adjudication without a court judgment of guilt and dismiss the case; or
3. Transfer the youthful offender into the custody or supervision of the Department of Corrections pursuant to paragraph 2 of subsection A of Section 10 of this act. The sentence imposed by the court on a youthful offender who is transferred to the custody or supervision of the Department of Corrections shall not exceed the maximum term of the original sentence.
C. The court shall hold a hearing thirty (30) days prior to the youthful offender attaining the age of eighteen (18) years and six (6) months, if the sentence has not expired, or the youthful offender has not been transferred to the custody or supervision of the Department of Corrections. At the hearing, the court shall make one of the following determinations:
1. At the recommendation of the Office of Juvenile Affairs, the court may extend the youthful offender's custody or supervision to the age of nineteen (19) to allow him or her to complete the reintegration phase of the treatment program or community supervision. During this extension, the youthful offender may be transferred to the Department of Corrections pursuant to paragraph 2 of subsection A of Section 10 of this act;
2. Discharge the adjudication without a court judgement of guilt and dismiss the case; or
3. Transfer the youthful offender into the custody or supervision of the Department of Corrections pursuant to paragraph 2 of subsection A of Section 10 of this act. The sentence imposed by the court on a youthful offender who is transferred to the custody or supervision of the Department of Corrections shall not exceed the maximum term of the original sentence.
D. If the court has extended jurisdiction of the youthful offender until nineteen (19) years of age, the youthful offender shall remain in the supervision or custody of the Office of Juvenile Affairs until he or she has been discharged or sentenced by the court or until his or her nineteenth birthday, at which time the youthful offender will be returned to the court for final disposition. The court shall have the same dispositional options as provided in paragraphs 2 and 3 of subsection B of this section. Any Motion to Transfer Custody to Department of Corrections shall be filed prior to the youthful offender's nineteenth birthday; provided, however, the hearing may occur after the nineteenth birthday to allow the youthful offender the latest possible time to be in compliance.
E. The Office of Juvenile Affairs may make recommendations to the court concerning the disposition of any youthful offender placed in the supervision or custody of the Office of Juvenile Affairs.
F. Any order issued by the sentencing court under subsection B, C, or D of this section shall be a final order, appealable when entered to the Court of Criminal Appeals.
G. 1. If authorized by the court, any hearing may be conducted as a virtual hearing or through telephonic communications.
2. For purposes of this subsection:
a. “telephonic communication” means participation by interactive telephonic communication which permits auditory communication between the court, the youthful offender, and all necessary participants, and
b. “virtual hearing” means a hearing held where participation is accomplished in whole or in part using a computer program which permits both visual and auditory communication between the court, the youthful offender, and all necessary participants.
SECTION 10. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 2–5–210A of Title 10A, unless there is created a duplication in numbering, reads as follows:
<< OK ST T. 10A § 2–5–210A >>
A. 1. Whenever the district attorney or the Office of Juvenile Affairs (OJA) believes that a youthful offender in the custody or supervision of OJA should be transferred to the custody or supervision of the Department of Corrections, the district attorney or OJA may file a motion requesting such transfer and the court shall set the motion for hearing. Notice of the motion and hearing shall be given to the youthful offender, the youthful offender's counsel, the parent or guardian of the youthful offender, and either the district attorney or OJA. OJA may make recommendations to the court concerning the transfer of a youthful offender to the Department of Corrections.
2. The Court may order the youthful offender transferred to the custody or supervision of the Department of Corrections only if the court finds by clear and convincing evidence that the youthful offender has:
a. failed to make substantial progress towards completing the treatment plan which the youthful offender is expected to have achieved,
b. established a pattern of disruptive behavior which is not conducive to the established policies and procedures of the program or facility or engaged in other types of behavior which has endangered the life or health of other residents or staff of the facility,
c. caused disruption in the facility, smuggled contraband into the facility, or participated or assisted others in smuggling contraband into the facility,
d. committed battery or assault and battery on an OJA employee or contractor of a juvenile facility,
e. committed battery, assault and battery, or endangered the life or health of another person,
f. committed a felony while in the custody or supervision of OJA as demonstrated by:
(1) the entry of a plea of guilty or nolo contendere,
(2) an adjudication, or a judgment and sentence following a verdict of guilty, or
(3) clear and convincing evidence, or
g. left a facility in which the youthful offender was being held without permission.
The court, in its decision to transfer custody of the youthful offender to the custody of the Department of Corrections, shall issue a written order and make detailed findings of fact and conclusions of law addressing the grounds alleged in the motion of the district attorney or OJA.
B. An order transferring custody of a youthful offender to the Department of Corrections shall be deemed an adult conviction and shall be recorded as such in the court records and criminal history records of the offender. Such order shall be a final order, appealable when entered. In addition to a judgment and sentence for an adult conviction, the court shall provide to the Department of Corrections a detailed memorandum or historical statement of the Youthful Offender Act as applied to the offender being transferred to the Department of Corrections including the date of the offense, the date of the adjudication as a youthful offender, the date of the filing of the motion to transfer custody of the offender to the adult criminal system, and the date of the imposition of the adult sentence.
C. The court shall grant time-served credits against the adult sentence imposed for any youthful offender transferred to the Department of Corrections. For the purpose of calculating time served to be applied toward any sentence imposed upon a youthful offender, in the event a youthful offender has been placed in the custody or supervision of the Office of Juvenile Affairs, the offender shall receive day-for-day credit for the time spent in the custody or under the supervision of the Office of Juvenile Affairs. Upon commitment to the Department of Corrections, a youthful offender shall also receive other credits as provided by law for an adult inmate.
D. 1. If the court dismissed the youthful offender case, the person may file a motion to expunge the plea and the youthful offender adjudication and sentence from the record.
2. The court, after hearing the motion, and any objections, may grant the expungement of the youthful offender's record as provided by the procedures in subsection D of Section 991c of Title 22 of the Oklahoma Statutes, if the court finds that the youthful offender has reasonably completed the rehabilitation plan, that the expungement is in the best interest of the youthful offender, and that such dismissal will not jeopardize public safety.
3. The court, after hearing the motion and any objections, may order the expungement of all files and records over which the court has jurisdiction pertaining to the arrest and adjudication of the former youthful offender, and shall order the clerk of the court to expunge the entire file and record of the case or any files produced or created by a law enforcement agency in which the name of the former youthful offender is mentioned. The court may order the Office of Juvenile Affairs to expunge all records relating to the former youthful offender that are in the possession of the Office of Juvenile Affairs, except when the documents are necessary to maintain state or federal funding.
4. An expungement requested under paragraph 1 of this subsection may be granted regardless of any court action or inaction under paragraph 2 of this subsection.
5. Members of the judiciary, district attorneys, the youthful offender, counsel for the youthful offender, employees of juvenile bureaus and the Office of Juvenile Affairs who are assigned juvenile court intake responsibilities, and the Department of Corrections may access records that have been expunged pursuant to this subsection without a court order for the purpose of determining whether to dismiss an action, seek a voluntary probation, file a petition or information, or for purposes of sentencing or placement in a case where the person who is the subject of the sealed record is alleged to have committed a subsequent youthful offender act, a juvenile delinquent act, or any adult criminal offense. Provided, any record sealed pursuant to this section shall be ordered unsealed upon application of the prosecuting agency when the records are requested for use in any subsequent juvenile delinquent, youthful offender, or adult prosecution.
6. As used in this subsection, “expunge” means the sealing of criminal records.
<< OK ST T. 10A § 2–5–212 >>
SECTION 11. AMENDATORY 10A O.S. 2021, Section 2–5–212, is amended to read as follows:
Section 2–5–212. A. Whenever a youthful offender is committed to the custody of the Office of Juvenile Affairs, the Office of Juvenile Affairs may:
1. In a secure facility or other institution or facility maintained by the state for delinquents or youthful offenders;
2. Place the youthful offender in In a group home or community residential facility for delinquents or youthful offenders; or
3. Place the youthful offender under Under community supervision prior to or after a period of placement in one or more of the facilities referred to in paragraphs 1 and 2 of this subsection. The Office of Juvenile Affairs may place a youthful offender in his or her own home, or an independent living or other similar living arrangement within the community of the residence of the youthful offender only upon the approval of the court; provided, the court shall not prohibit the reintegration of the youthful offender into the community except upon finding that the youthful offender has not reasonably completed the rehabilitation plan objectives established as preconditions for reintegration into the community or that the public would not be adequately protected if the youthful offender is reintegrated into the community; or
B. The court shall not prohibit the reintegration of the youthful offender into the community except upon finding that the youthful offender has not reasonably completed the rehabilitation plan objectives established as preconditions for reintegration into the community or that the public would not be adequately protected if the youthful offender is reintegrated into the community.
C. Placement of the youthful offender pursuant to this section or any other provision of law shall be the responsibility of the Office of Juvenile Affairs and shall occur as soon as reasonably possible but not more than forty-five (45) days following the filing and adoption of the written rehabilitation plan as provided in Section 2–5–210 8 of this title act. This placement time period may be extended upon the declaration of an emergency by the Board of Juvenile Affairs. For the purposes of this section, “emergency” means any situation that places the health, safety and well-being of the residents or staff in imminent peril. The court shall not have authority to require order a specific placement of a youthful offender in a time frame which would require the removal of any other juvenile or youthful offender from such placement.
1. Be entitled to the rights afforded juvenile delinquents pertaining to any due process afforded delinquents in regard to movement from a nonsecure to a secure placement; and
2. As appropriate to the age and circumstances of the youthful offender, be provided education, employment, and employment skills and vocational and technical or higher education services, apprenticeship programs and similar opportunities.
<< OK ST T. 10A § 2–5–213 >>
SECTION 12. AMENDATORY 10A O.S. 2021, Section 2–5–213, is amended to read as follows:
Section 2–5–213. A. Upon the motion of a person who has been convicted adjudicated and sentenced as a youthful offender and who has been subsequently transferred to the adult system pursuant to Section 2–5–210 10 of this title act, with the recommendation of the sentencing court, the Governor may grant a full and complete pardon and restore citizenship to any person who has been convicted and sentenced as a youthful offender an adult and who has completed the sentence or been discharged from parole.
B. Upon the motion of a person convicted as a youthful offender, and three (3) years after the expiration of the sentence of the youthful offender, the court may set aside the conviction if:
1. The court has previously found that the person has reasonably complied with the rehabilitation plan and objectives;
2. The person was discharged from supervision by the Office of Juvenile Affairs, or was granted early discharge from such supervision by the court; or
3. The person has completed the sentence imposed as a result of his first conviction as a youthful offender and has no subsequent convictions.
If a conviction is set aside pursuant to this subsection, the youthful offender shall thereafter be released from all penalties and disabilities resulting from the offense for which such person was convicted, including but not limited to, any disqualification for any employment or occupational license, or both, created by any other provision of law. The court may in addition order any law enforcement agency over whom the court has jurisdiction to produce all files and records pertaining to said arrest and conviction of the youthful offender and shall order the clerk of the court to destroy the entire file and record of the case, including docket sheets, index entries, court records, summons, warrants or records in the office of the clerk or which have been produced by a law enforcement agency in which the name of the youthful offender is mentioned. The court may order probation officers and counselors to destroy all records, reports, and social and clinical studies relating to said youthful offender that are in their possession except when said documents are necessary to maintain state or federal funding.
<< Repealed: OK ST T. 10A §§ 2–5–206, 2–5–207, 2–5–208, 2–5–209, 2–5–210 >>
SECTION 13. REPEALER 10A O.S. 2021, Sections 2–5–206, 2–5–207, 2–5–208, 2–5–209, and 2–5–210, are hereby repealed.
SECTION 14. This act shall become effective November 1, 2022.
Approved May 26, 2022.
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