Req. No. 5120 Page 1 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
HOUSE BILL 2311 By: Lawson
AS INTRODUCED
An Act relating to children; amending 10A O.S. 2011,
Sections 2-2-403, 2-3-101, as last amended by Section
1, Chapter 22, O.S.L. 2020, 2-5-204, as amended by
Section 4, Chapter 155, O.S.L. 2018 and 2 -5-209, as
amended by Section 9, Chapter 155, O.S.L. 2018 (10A
O.S. Supp. 2020, Sections 2-3-101, 2-5-204 and 2-5-
209), which relate to detention of children in adult
facilities; providing for incarceration of juveniles
sentenced as adults; prohibiting detainment of
children in adult facilities; providing exceptions;
requiring hearing and certain findings before
confinement of child in adult facility; establishing
factors for court to consider; a ffording certain
rights and protections to child; providing for
detention of youthful offenders; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 10A O.S. 2011 , Section 2-2-403, is
amended to read as follows:
Section 2-2-403. A. Except as otherwise provided by law, if a
child is charged with a delinquent act as a result of an offense
which would be a felony if committed by an adult, the court on its
own motion or at the request of the district attorney shall conduct
a preliminary hearing to determine whether or not there is
Req. No. 5120 Page 2 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
prosecutive merit to the complaint. If the court finds that
prosecutive merit exists, it shall continue the hearing for a
sufficient period of time to conduct an investigation and further
hearing to determine if the child should be held accountable for
acts of the child as if the child were an adult if the child should
be found to have committed the alleged act or omission.
Consideration shall be given to:
1. The seriousness of the alleged offense to the community, and
whether the alleged offense was committed in an aggressive, violent,
premeditated or willful manner;
2. Whether the offense was against persons or property, greater
weight being given to transferring the accused person to the adult
criminal justice system for offenses against persons and, if
personal injury resulted, the degree of personal injury;
3. The sophistication and maturity of the juvenile and
capability of the juveni le of distinguishing right from wrong as
determined by consideration of a psychological evaluation of the
juvenile, home, environmental situation, emotional attitude and
pattern of living;
4. The record and previous history of the accused person,
including previous contacts with community agencies, law enforcement
agencies, schools, juvenile or criminal courts and other
jurisdictions, prior periods of probation or prior commitments to
juvenile institutions;
Req. No. 5120 Page 3 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
5. The prospects for adequate protection of the public;
6. The likelihood of reasonable rehabilitation of the juvenile
if the juvenile is found to have committed the alleged offense, by
the use of procedures and facilities currently available to the
juvenile court; and
7. Whether the offense occurred while the juvenile was escaping
or in an escape status from an institution for delinquent children.
After the investigation and hearing, the court may in its
discretion proceed with the juvenile proceeding, or it shall state
its reasons in writing and shal l certify, based on clear and
convincing evidence, that the child shall be held accountable for
acts of the child as if the child were an adult and shall be held
for proper criminal proceedings for the specific offense charged, by
any other division of the court which would have trial jurisdiction
of the offense if committed by an adult. The juvenile proceeding
shall not be dismissed until the criminal proceeding has commenced
and if no criminal proceeding commences within thirty (30) days of
the date of the certification, unless stayed pending appeal, the
court shall proceed with the juvenile proceeding and the
certification shall lapse.
If not included in the original summons, notice of a hearing to
consider whether a child should be certified for trial a s an adult
shall be given to all persons who are required to be served with a
summons at the commencement of a juvenile proceeding, but
Req. No. 5120 Page 4 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
publication in a newspaper when the address of a person is unknown
is not required. The purpose of the hearing shall be clearly stated
in the notice.
B. Prior to the entry of any order of certification, any child
in custody shall have the same right to be released upon bail as
would an adult under the same circumstances. Subsequent to the
entry of an order that a child s tand trial as an adult, the child
shall have all the statutory and constitutional rights and
protections of an adult accused of a crime but shall, while awaiting
trial and for the duration of the trial, be detained in a jail cell
or ward entirely separate from prisoners who are eighteen (18) years
of age or over. Upon conviction, the juvenile may be incarcerated
with the adult population in an adult jail, adult lockup, adult
detention facility or other adult facility if that facility is
licensed by the Office of Juvenile Affairs to detain children under
eighteen (18) years of age while the person is awaiting housing by
the Department of Corrections . If, prior to the entry of any order
of certification, the child becomes eighteen (18) years of age, the
child may be detained in a county jail or released on bail. If a
child is certified to stand trial as an adult, the court shall make
every effort to avoid duplication of the adult preliminary hearing
and the prosecutorial hearing in the juvenile certification process.
The parties may jointly stipulate to the court that the record for
Req. No. 5120 Page 5 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
the prosecutorial merit hearing in the juvenile proceeding be used
for all or part of the preliminary hearing.
C. Any child who has been certified to stand trial as an adult
pursuant to any order entered by any competent court of this state
or any other state shall be tried as an adult in all subsequent
criminal prosecutions, and shall not be subject to the jurisdiction
of the juvenile court or be eligible to be tried as a youthf ul
offender in any further proceedings.
D. An order either certifying a person as a child or an adult
pursuant to subsection A of this section or denying such
certification shall be a final order, appealable when entered and
shall not be modified.
SECTION 2. AMENDATORY 10A O.S. 2011, Section 2 -3-101, as
last amended by Section 1 , Chapter 22, O.S.L. 2020 (10A O.S. Supp.
2020, Section 2-3-101), is amended to read as follows:
Section 2-3-101. A. When a child is taken into custody
pursuant to the provisions of the Oklahoma Juvenile Code, the child
shall be detained only if it is necessary to assure the appearance
of the child in court or for the protection of the child or the
public.
1. a. No child twelve (12) years of age or younger shall be
placed in a juvenile detention facility unless all
alternatives have been exhausted and the child is
currently charged with a criminal offense that would
Req. No. 5120 Page 6 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
constitute a felony if committed by an adult and it
has been indicated by a risk -assessment screening that
the child requires detention. The detention of any
child twelve (12) years of age or younger shall be
judicially reviewed pursuant to subparagraph c of this
paragraph.
b. Any child who is thirteen (13) or fourteen (14) years
of age may be admitted to a juvenile detention
facility only after all alternatives have been
exhausted and the child is currently charged with a
criminal offense that would constitute a felony if
committed by an adult and it has been indicated by a
risk-assessment screening that the child requires
detention.
c. No preadjudicatory or predisposition detention or
custody order shall remain in force and effect for
more than thirty (30) days. The court, for good and
sufficient cause shown, may extend the effective
period of such an order for an additional period not
to exceed sixty (60) days. If the child is being
detained for the commission of a murder, the court
may, if it is in the best interests of justice, extend
the effective period of such an order an additional
sixty (60) days.
Req. No. 5120 Page 7 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
d. Whenever the court orders a child to be held in a
juvenile detention facility, an order for secure
detention shall remain in force and effect for not
more than fifteen (15) days after such order. Upon an
application of the district attorney and after a
hearing on such application, the court, for good and
sufficient cause shown, may extend the effective
period of such an order for an additional period not
to exceed fifteen (15) days after such hearing. The
total period of preadjudicatory or predisposition
shall not exceed the ninety -day limitation as
specified in subparagraph a of this paragraph. The
child shall be present at the hearing on the
application for extension unless, as authorized and
approved by the court, the attorney for the ch ild is
present at the hearing and the child is available to
participate in the hearing via telephone conference
communication. For the purpose of this paragraph,
"telephone conference communication" means use of a
telephone device that allows all parties, including
the child, to hear and be heard by the other parties
at the hearing. After the hearing, the court may
order continued detention in a juvenile detention
center, may order the child detained in an alternative
Req. No. 5120 Page 8 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
to secure detention or may order the release of the
child from detention.
2. No child alleged or adjudicated to be deprived or in need of
supervision or who is or appears to be a minor in need of treatment
as defined by the Inpatient Mental Health and Substance Abuse
Treatment of Minors Act, shall be confined in any jail, adult
lockup, or adult detention facility. No child shall be transported
or detained in association with criminal, vicious, or dissolute
persons.
3. Except as otherwise authorized by this section a child who
has been taken into custody as a deprived child, a child in need of
supervision, or who appears to be a minor in need of treatment, may
not be placed in any detention facility pending court proceedings,
but must be placed in shelter care or foster care or, with regard t o
a child who appears to be a minor in need of treatment, a behavioral
health treatment facility in accordance with the provisions of the
Inpatient Mental Health and Substance Abuse Treatment of Minors Act,
or released to the custody of the parents of the child or some other
responsible party. Provided, this shall not preclude runaway
juveniles from other states, with or without delinquent status, to
be held in a detention facility in accordance with the Interstate
Compact for Juveniles in Sections 2 -9-101 through 2-9-116 of this
title and rules promulgated by the Interstate Commission.
B. No child shall be placed in secure detention unless:
Req. No. 5120 Page 9 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1. The child is an escapee from any delinquent placement;
2. The child is a fugitive from another jurisdiction wit h a
warrant on a delinquency charge or confirmation of delinquency
charges by the home jurisdiction;
3. The child is seriously assaultive or destructive towards
others or self;
4. The child is currently charged with any criminal offense
that would constitute a felony if committed by an adult or a
misdemeanor and:
a. is on probation or parole on a prior delinquent
offense,
b. is on preadjudicatory community supervision, or
c. is currently on release status on a prior delinquent
offense;
5. The child has willfully failed or there is reason to believe
that the child will willfully fail to appear for juvenile court
proceedings;
6. A warrant for the child has been issued on the basis that:
a. the child is absent from court -ordered placement
without approval by the court,
b. the child is absent from designated placement by the
Office of Juvenile Affairs without approval by the
Office of Juvenile Affairs,
Req. No. 5120 Page 10 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
c. there is reason to believe the child will not remain
at said placement, or
d. the child is subject to an administrative transfer or
parole revocation proceeding.
C. A child who has violated a court order and has had the order
revoked or modified pursuant to Section 2 -2-503 of this title may be
placed into an Office -of-Juvenile-Affairs-designated sanction
detention bed or an Office -of-Juvenile-Affairs-approved sanction
program.
D. Priority shall be given to the use of juvenile detention
facilities for the detention of juvenile offenders through
provisions requiring the removal from detention of a juvenile wit h a
lower priority status if an empty detention bed is not available at
the time of referral of a juvenile with a higher priority status and
if the juvenile with a higher priority status would be more of a
danger to the public than the juvenile with the lo wer priority
status.
E. Juvenile detention facilities shall be the default placement
for all persons under seventeen (17) years of age . No child shall
be placed in secure detention in an adult jail, adult lockup, adult
detention facility or other adult facility except as provided in
this section.
1. Any child who is at least fifteen (15) years of age who is
charged with murder in the first degree may be detained in an adult
Req. No. 5120 Page 11 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
jail, adult lockup, adult detention facility or other adult facility
only after a hearing in which the child is provided representation
and a written court order stating that it is in the interest of
justice that the child be placed in an adult jail, adult lockup,
adult detention facility or other adult facility and if that
facility is licensed by the Office of Juvenile Affairs to detain
children under eighteen (18) years of age.
2. In determining whether it is in the interest of justice that
a child who is at least fifteen (15) years of age and who is charged
with murder in the first degree be placed in an adult jail, adult
lockup, adult detention facility or other adult facility, the court
shall consider:
a. the age of the child,
b. the physical and mental maturity of the child,
c. the present mental state of the child, including
whether the child presents an imminent risk of harm to
himself or herself,
d. the nature and circumstances of the alleged offense,
e. the child's history of prior delinquent acts,
f. the relative ability of the available adult and
juvenile detention facilities to not only meet the
specific needs of the child but also to protect the
safety of the public as well as other detained youth,
and
Req. No. 5120 Page 12 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
g. any other relevant factors.
3. If a court determines that it is in the interest of justice
that the child be placed in a n adult jail, adult lockup, adult
detention facility or other adult facility:
a. the court shall hold a hearing not less frequently
than once every thirty (30) days, or in the case of a
rural jurisdiction, which is any jurisdiction not
located in a metropo litan statistical area, as defined
by the United States Office of Management and Budget,
not less frequently than once every forty -five (45)
days, to review whether it is still in the interest of
justice to permit the juvenile to be so held, and
b. the child shall not be held in any adult jail or
lockup for adults for more than one hundred eighty
(180) days, unless the court, in writing, determines
there is good cause for an extension or the child
expressly waives this limitation.
F. When a child is placed in an adult jail, adult lockup, adult
detention facility or other adult facility, he or she shall be
afforded the following rights and protections in order to address
the child's health and safety:
1. A copy of the child's most current mental health or s uicide
screening instrument approved by the Office of Juvenile Affairs
Req. No. 5120 Page 13 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
shall be provided to the adult jail, adult lockup or adult detention
facility at the time of the child's transfer; and
2. Adult jails, adult lockups, adult detention facilities or
other adult facilities shall process requests for visits and allow
approved visitors contact visits with the child within five (5)
business days of the request.
G. 1. Except as otherwise provided in this section, no child
shall be placed in secure detention in a an adult jail, adult
lockup, or other adult detention facility or other adult facility
unless:
a. the child is detained for the commission of a crime
that would constitute a felony if committed by an
adult, and
b. the child is awaiting an initial cour t appearance, and
c. the initial court appearance of the child is scheduled
within twenty-four (24) hours after being taken into
custody, excluding weekends and holidays, and
d. the court of jurisdiction is outside of the Standard
Metropolitan Statistical Area as defined by the Bureau
of Census, and
e. there is no existing acceptable alternative placement
for the child, and
f. the adult jail, adult lockup or adult detention
facility provides sight and sound separation for
Req. No. 5120 Page 14 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
juveniles, pursuant to standards re quired by
subsection E of Section 2 -3-103 of this title, or and
g.
b. the adult jail, adult lockup or adult detention
facility meets the requirements for licensure of
juvenile detention facilities, as adopted by the
Office of Juvenile Affairs, is appropria tely licensed,
and provides sight and sound separation for juveniles,
which includes:
(1) total separation between juveniles and adult
facility spatial areas such that there could be
no haphazard or accidental contact between
juvenile and adult residents i n the respective
facilities,
(2) total separation in all juvenile and adult
program activities within the facilities,
including recreation, education, counseling,
health care, dining, sleeping and general living
activities, and
(3) separate juvenile and ad ult staff, specifically
direct care staff such as recreation, education
and counseling.
Specialized services staff, such as cooks,
bookkeepers, and medical professionals who are not
Req. No. 5120 Page 15 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
normally in contact with detainees or whose infrequent
contacts occur under conditions of separation of
juveniles and adults can serve both.
2. Nothing in this section shall preclude a child who is
detained for the commission of a crime that would constitute a
felony if committed by an adult, or a child who is an escapee from a
juvenile secure facility or from an Office of Juvenile Affairs group
home from being held in any jail certified by the State Department
of Health, police station or similar law enforcement offices for up
to six (6) hours for purposes of identification, pr ocessing or
arranging for transfer to a secure detention or alternative to
secure detention. Such holding shall be limited to the absolute
minimum time necessary to complete these actions.
a. The time limitations for holding a child in a jail for
the purposes of identification, processing or
arranging transfer established by this section shall
not include the actual travel time required for
transporting a child from a jail to a juvenile
detention facility or alternative to secure detention.
b. Whenever the time limitations established by this
subsection are exceeded, this circumstance shall not
constitute a defense in a subsequent delinquency or
criminal proceeding.
Req. No. 5120 Page 16 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
3. Nothing in this section shall preclude detaining in a county
jail or other adult detenti on facility an eighteen -year-old charged
in a juvenile petition for whom certification to stand trial as an
adult is prayed. However, if no certification motion is filed, the
eighteen-year-old may remain in a juvenile detention facility as
long as secure detention is required.
4. Nothing in this section shall preclude detaining in a county
jail or other adult detention facility a person provided for in
Section 2-3-102 of this title if written or electronically
transmitted confirmation is received from the state seeking return
of the individual that the person is a person provided for in
Section 2-3-102 of this title and if, during the time of detention,
the person is detained in a facility meeting the requirements of
Section 2-3-103 of this title.
5. Nothing in this section shall preclude detaining a person,
whose age is not immediately ascertainable and who is being detained
for the commission of a felony, in a jail certified by the State
Department of Health, a police station or similar law enforcement
office for up to twenty -four (24) hours for the purpose of
determining whether or not the person is a child, if:
a. there is a reasonable belief that the person is
eighteen (18) years of age or older,
b. there is a reasonable belief that a felony has been
committed by the person,
Req. No. 5120 Page 17 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
c. a court order for such detention is obtained from a
judge of the district court within six (6) hours of
initially detaining the person,
d. there is no juvenile detention facility that has space
available for the person and that i s within thirty
(30) miles of the jail, police station, or law
enforcement office in which the person is to be
detained, and
e. during the time of detention the person is detained in
a facility meeting the requirements of subparagraph g
b of paragraph 1 of this subsection.
The time limitation provided for in this paragraph shall include the
time the person is detained prior to the issuance of the court
order.
The time limitation provided for in this paragraph shall not include
the actual travel time require d for transporting the person to the
jail, police station, or similar law enforcement office. If the
time limitation established by this paragraph is exceeded, this
circumstance shall not constitute a defense in any subsequent
delinquency or criminal proc eeding.
F. H. Nothing contained in this section shall in any way reduce
or eliminate the liability of a county as otherwise provided by law
for injury or damages resulting from the placement of a child in a
Req. No. 5120 Page 18 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
an adult jail, adult lockup, or other adult detention facility or
other adult facility.
G. I. Any juvenile detention facility shall be available for
use by any eligible Indian child as that term is defined by the
Oklahoma Indian Child Welfare Act, providing that the use of the
juvenile detention facili ty meets the requirements of the Oklahoma
Juvenile Code. The Indian tribe may contract with any juvenile
detention facility for the providing of detention services.
H. J. Each member of the staff of a juvenile detention facility
shall satisfactorily comp lete a training program provided or
approved by the Office of Juvenile Affairs.
I. K. Whenever a juvenile is placed in any adult jail, adult
lockup, or other adult detention facility or other adult facility,
the Office of Juvenile Affairs shall have acces s to all facilities
which detain such juveniles and shall have access to any data
regarding such juveniles. The Office of Juvenile Affairs shall have
access to all adult jails, adult lockups, adult detention facilities
or other adult facilities in this st ate, including all data
maintained by such facilities, to assure compliance with this
section. The Board of Juvenile Affairs shall promulgate rules as
necessary to implement the provisions of this section.
SECTION 3. AMENDATORY 1 0A O.S. 2011, Section 2 -5-204, as
amended by Section 4, Chapter 155, O.S.L. 2018 (10A O.S. Supp. 20 20,
Section 2-5-204), is amended to read as follows:
Req. No. 5120 Page 19 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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 Section 2 -5-205
of this title, shall be charged by information in the same manner as
provided for adults.
B. If the child is not otherwise represented by counsel and
requests an attorney prior to or during interrogation, or whenever
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 of the
right of the child to be represented by counsel. Counsel shall be
appointed by the court only upon determination by the court that the
parent, legal guardian or legal custodian is found to be indigent.
C. When a person is certified to stand trial 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 crim e. 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 t rial as an adult or youthful offender shall be
considered adult records and shall not be subject to the provisions
Req. No. 5120 Page 20 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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 that are submitted to the
court or admitted into evidence during the hearing on the motion for
certification as a youthful offender to the juvenile system or
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 c ustody 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 ad ult with a felony crime.
E. Proceedings against a youthful offender shall be heard by
any judge of the district court.
Req. No. 5120 Page 21 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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 person
has the same right to be released on bail as would an adult in the
same circumstances and, if detained, may be detained in a county
jail if separated by sight and sound from the adult population as
otherwise authorized by law. If no such county jail is available,
then such person may be detained at a juvenile detention facility.
The sheriff, chief of police, or juvenile or adult detention
facility operator shall forthwith notify the Office of Juvenile
Affairs of any such arrest and detention .
G. Upon certification f or 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 of this title, the
person may be detained as an adult and, if incarcerated, may be
incarcerated with the adult population in an adult jail, adult
lockup, adult detention facility or other adult facility if that
facility is licensed by the Office of Juvenile Affairs 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 j uvenile court as a juvenile delinquent or
youthful offender processes in any further proceedings if:
Req. No. 5120 Page 22 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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 subsequentl y 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 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.
SECTION 4. AMENDATORY 10A O.S. 2011, Section 2 -5-209, as
amended by Section 9, Chapter 155, O.S.L. 2018 (10A O.S. Supp. 20 20,
Section 2-5-209), is amended to read as follows:
Section 2-5-209. A. Upon a ver dict of guilty or a plea of
guilty or nolo contendere of a youthful offender and prior to the
imposition of a youthful offender sentence by the court:
Req. No. 5120 Page 23 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1. A youthful offender presentence investigation shall be
conducted unless waived by the youthful offend er with approval of
the court or unless an investigation is conducted pursuant to
subsection C of Section 2 -5-208 of this title. All reports,
evaluations, motions, records, exhibits or documents regarding the
educational history, mental health or medical treatment or condition
of the offender that are submitted to the court or admitted into
evidence during the hearing on the motion for certification of the
accused youthful offender to the juvenile system or motion for
imposition of an adult sentence are co nfidential 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 shal l 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 d iscuss 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 this section or paragraph 5 of
subsection B of Section 2 -5-210 of this title or if the juvenile or
Req. No. 5120 Page 24 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
youthful offender is later charged as an adult with a felony crime.
Any presentence investigation required by this section shall be
conducted by the Office of Juvenile Affairs; and
2. The court shall conduct a hearing and shall consider, with
the greatest weight given to subparagraphs a, b and c:
a. whether the offense was co mmitted in an aggressive,
violent, premeditated or willful manner,
b. whether the offense was against persons and, if
personal injury resulted, the degree of personal
injury,
c. the record and past history of the person, including
previous contacts with la w enforcement agencies and
juvenile or criminal courts, prior periods of
probation and commitments to juvenile institutions,
d. the sophistication and maturity of the person and the
capability of distinguishing right from wrong as
determined by considerati on of the psychological
evaluation, home, environmental situation, emotional
attitude and pattern of living of the person,
e. the prospects for adequate protection of the public if
the person is processed through the youthful offender
system or the juvenil e system,
f. the reasonable likelihood of rehabilitation of the
person if found to have committed the offense, by the
Req. No. 5120 Page 25 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
use of procedures and facilities currently available
to the juvenile, and
g. whether the offense occurred while the person was
escaping or on escape status from an institution for
youthful offenders or delinquent children.
B. 1. After the hearing and consideration of the report of the
presentence investigation, the court shall impose sentence as a
youthful offender, and such youthful offen der shall be subject to
the same type of sentencing procedures and duration of sentence,
except for capital offenses, including suspension or deferment, as
an adult convicted of a felony offense, except that any sentence
imposed upon the youthful offender shall be served in the custody or
under the supervision of the Office of Juvenile Affairs until the
expiration of the sentence, the youthful offender is discharged, or
the youthful offender reaches eighteen (18) years of age, whichever
first occurs. If an individual sentenced as a youthful offender
attains eighteen (18) years of age prior to the expiration of the
sentence, such individual shall be returned to the sentencing court.
At that time, the sentencing court shall make one of the following
determinations:
a. whether the youthful offender shall be returned to the
Office of Juvenile Affairs to complete a treatment
program, provided that the treatment program shall not
exceed the youthful offender's attainment of eighteen
Req. No. 5120 Page 26 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
(18) years and six (6) months of age. At the
conclusion of the treatment program, the individual
shall be returned to the sentencing court for a
determination under subparagraph b, c or d of this
paragraph,
b. whether the youthful offender shall be placed in the
custody of the Departm ent of Corrections,
c. whether the youthful offender shall be placed on
probation with the Department of Corrections, or
d. whether the youthful offender shall be discharged from
custody.
2. The sentence imposed shall not exceed the maximum sentence
already imposed in the originating sentence.
3. Upon the youthful offender attaining the age of eighteen
(18) years and six (6) months, the Office of Juvenile Affairs may
recommend that the youthful offender be returned to the custody or
supervision of the Off ice of Juvenile Affairs until the age of
nineteen (19) years to complete the reintegration phase of the
treatment program or community supervision as determined by the
Office of Juvenile Affairs. During any period of extension, a
youthful offender may be transferred to the Department of
Corrections as provided in paragraph 5 of subsection B of Section 2 -
5-210 of this title, whether the youthful offender is placed in an
out-of-home placement or in the community.
Req. No. 5120 Page 27 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
4. If the court has extended jurisdiction of the youthful
offender until nineteen (19) years of age, the youthful offender
shall remain in custody or under the supervision of the Office of
Juvenile Affairs until the youthful offender has been discharged or
sentenced by the court or until the youthfu l offender's nineteenth
birthday, at which time the youthful offender shall be returned to
the court for final disposition of the youthful offender's case.
The court shall have the same dispositional options as provided in
subparagraphs b, c and d of para graph 1 of this subsection.
5. Any period of probation required by the sentencing court to
be served shall be supervised by:
a. the Office of Juvenile Affairs or designated
representative, if the youthful offender is under
eighteen (18) years of age, or
b. the Department of Corrections or designated
representative, upon the youthful offender attaining
eighteen (18) years of age.
6. In addition to or in lieu of the placement of the youthful
offender in the custody of or under the supervision of the Office of
Juvenile Affairs, the court may issue orders with regard to 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.
Req. No. 5120 Page 28 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
7. It is the intent of the Oklahoma Legislature that youthful
offenders be held insofar as is practical separate from the juvenile
delinquent population.
8. The Office of Juvenile Affairs may make recommendations to
the court concerning the disposition of the youthfu l offender.
9. Any order issued by the sentencing court under this
subsection shall be a final order, appealable when entered.
C. A youthful offender who is seventeen (17) or eighteen (18)
years of age or older and who has been sentenced to the custody o f
the Office of Juvenile Affairs may be detained in a county jail
pending placement in an Office of Juvenile Affairs facility ,
provided the county jail meets the jail standards promulgated by the
State Department of Health for juvenile offenders. The yout hful
offender who is eighteen (18) years of age or older and may be held
in the general population of the county jail.
SECTION 5. This act shall become effective November 1, 202 1.
58-1-5120 CMA 12/07/20