Oklahoma 2022 Regular Session

Oklahoma House Bill HB2311 Compare Versions

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Version 2 (New)

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1		-	An Act
2		-	ENROLLED HOUSE
3		-	BILL NO. 2311 By: Lawson, Munson, Brewer,
4		-	Virgin and Pittman of the
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	28	+	ENGROSSED SENATE AMENDMENT
	29	+	TO
	30	+	ENGROSSED HOUSE
	31	+	BILL NO. 2311 By: Lawson and Munson of the
5	32		House
6	33
7	34		and
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9	36		Haste of the Senate
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15		-	An Act relating to the Oklahoma Juvenile Code;
	42	+	An Act relating to children; amending 10A O.S. 2011,
	43	+	Sections 2-2-403, 2-3-101, as last amended by Section
	44	+	1, Chapter 22, O.S.L. 2020, 2-5-204, as amended by
	45	+	Section 4, Chapter 155, O.S.L. 2018 and 2 -5-209, as
	46	+	amended by Section 9, Chapter 155, O.S.L. 2018 (10A
	47	+	O.S. Supp. 2020, Sections 2-3-101, 2-5-204 and 2-5-
	48	+	209), which relate to detention of children in adult
	49	+	facilities; providing for incarceration of juveniles
	50	+	sentenced as adults; prohibiting detainment of
	51	+	children in adult facilities; providing exceptions;
	52	+	requiring hearing and certain findings before
	53	+	confinement of child in adult facility; establishing
	54	+	factors for court to consider; affording certain
	55	+	rights and protections to child; providing for
	56	+	detention of youthful offenders; and providing an
	57	+	effective date.
	58	+
	59	+
	60	+	AUTHOR: Add the following House Coauthors: Brewer and Virgin
	61	+
	62	+
	63	+
	64	+	AMENDMENT NO. 1. Page 1, strike the title, enac ting clause and
	65	+	entire bill and insert
	66	+
	67	+
	68	+	”An Act relating to the Oklahoma Juvenile Code;
16	69		amending 10A O.S. 2011, Sections 2 -2-403, 2-3-101, as
17	70		last amended by Section 1, Chapter 22, O.S.L. 2020,
18	71		2-5-204, as amended by Section 4, Chapter 155, O.S.L.
19	72		2018 and 2-5-209, as amended by Section 9, Chapter
20	73		155, O.S.L. 2018 (10A O.S. Supp. 2020, Sections 2 -3-
21	74		101, 2-5-204 and 2-5-209), which relate to detention
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22	101		of children in adult facilities; providing for
23	102		incarceration of juveniles sentenced as adults;
24	103		prohibiting detainment of children in adult
25	104		facilities; providing exceptions; requiring hearing
26	105		and certain findings before confinement of child in
27	106		adult facility; establishing factors for court to
28	107		consider; affording certain rights and protections to
29	108		child; providing for detention of youthful offenders;
30	109		and providing an effective date.
31	110
32	111
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34		-
35		-	SUBJECT: Oklahoma Juvenile Code
36		-
37	113		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
38		-
39	114		SECTION 1. AMENDATORY 10A O.S. 2011, Section 2 -2-403, is
40	115		amended to read as follows:
41		-
42	116		Section 2-2-403. A. Except as otherwise provided by law, if a
43	117		child is charged with a delinquent act as a result of an offense
44	118		which would be a felony if committed by an adult, the court on its
45	119		own motion or at the request of the district attorney shall conduct
46		-	a preliminary hearing to determine whether or not there is ~~ENR. H. B. NO. 2311 Page 2~~
	120	+	a preliminary hearing to determine whether or not there is
47	121		prosecutive merit to the complaint. If the court finds that
48	122		prosecutive merit exists, it shall continue the hearing for a
49	123		sufficient period of time to conduct an investigation and further
50	124		hearing to determine if the child should be held accountable for
51	125		acts of the child as if the child were an adult if the child should
52	126		be found to have committed the alleged act or omission.
53		-
54	127		Consideration shall be given to:
55		-
56	128		1. The seriousness of the alleged offense to the c ommunity, and
57	129		whether the alleged offense was committed in an aggressive, violent,
58	130		premeditated or willful manner;
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59	156
60	157		2. Whether the offense was against persons or property, greater
61	158		weight being given to transferring the accused person to the adult
62	159		criminal justice system for offenses against persons and, if
63	160		personal injury resulted, the degree of personal injury;
64		-
65	161		3. The sophistication and maturity of the juvenile and
66	162		capability of the juvenile of distinguishing right from wrong as
67	163		determined by consideratio n of a psychological evaluation of the
68	164		juvenile, home, environmental situation, emotional attitude and
69	165		pattern of living;
70		-
71	166		4. The record and previous history of the accused person,
72	167		including previous contacts with community agencies, law enforcement
73	168		agencies, schools, juvenile or criminal courts and other
74	169		jurisdictions, prior periods of probation or prior commitments to
75	170		juvenile institutions;
76		-
77	171		5. The prospects for adequate protection of the public;
78		-
79	172		6. The likelihood of reasonable rehabilitation of the juve nile
80	173		if the juvenile is found to have committed the alleged offense, by
81	174		the use of procedures and facilities currently available to the
82	175		juvenile court; and
83		-
84	176		7. Whether the offense occurred while the juvenile was escaping
85	177		or in an escape status from an inst itution for delinquent children.
86		-
87	178		After the investigation and hearing, the court may in its
88	179		discretion proceed with the juvenile proceeding, or it shall state
89	180		its reasons in writing and shall certify, based on clear and
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90	207		convincing evidence, that the child s hall be held accountable for
91		-	acts of the child as if the child were an adult and shall be held ~~ENR. H. B. NO. 2311 Page 3~~
	208	+	acts of the child as if the child were an adult and shall be held
92	209		for proper criminal proceedings for the specific offense charged, by
93	210		any other division of the court which would have trial jurisdiction
94	211		of the offense if commit ted by an adult. The juvenile proceeding
95	212		shall not be dismissed until the criminal proceeding has commenced
96	213		and if no criminal proceeding commences within thirty (30) days of
97	214		the date of the certification, unless stayed pending appeal, the
98	215		court shall proceed with the juvenile proceeding and the
99	216		certification shall lapse.
100		-
101	217		If not included in the original summons, notice of a hearing to
102	218		consider whether a child should be certified for trial as an adult
103	219		shall be given to all persons who are required to be ser ved with a
104	220		summons at the commencement of a juvenile proceeding, but
105	221		publication in a newspaper when the address of a person is unknown
106	222		is not required. The purpose of the hearing shall be clearly stated
107	223		in the notice.
108		-
109	224		B. Prior to the entry of any order of certification, any child
110	225		in custody shall have the same right to be released upon bail as
111	226		would an adult under the same circumstances. Subsequent to the
112	227		entry of an order that a child stand trial as an adult, the child
113	228		shall have all the statutory and constitutional rights and
114	229		protections of an adult accused of a crime but shall, while awaiting
115	230		trial and for the duration of the trial, be detained in a jail cell
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116	257		or ward entirely separate from prisoners who are eighteen (18) years
117	258		of age or over. Upon conviction, the juvenile may be incarcerated
118	259		with the adult population in an adult jail, adult lockup, adult
119	260		detention facility or other adult facility if that facility is
120	261		licensed by the State Department of Health to detain children under
121	262		eighteen (18) years of age while the person is awaiting housing by
122	263		the Department of Corrections . If, prior to the entry of any order
123	264		of certification, the child becomes eighteen (18) years of age, the
124	265		child may be detained in a county jail or released on bail. If a
125	266		child is certified to stand trial as an adult, the court shall make
126	267		every effort to avoid duplication of the adult preliminary hearing
127	268		and the prosecutorial hearing in the juvenile certification process.
128	269		The parties may jointly stipulate to the court that the record for
129	270		the prosecutorial merit hearing in the juvenile proceeding be used
130	271		for all or part of the preliminary hearing.
131		-
132	272		C. Any child who has been certified to stand trial as an adult
133	273		pursuant to any order entered by any competent court of this state
134	274		or any other state shall be tried as an adult in all subsequent
135		-	criminal prosecutions, and shall not be subject to the ~~jurisdic tion ENR. H. B. NO. 2311 Page 4~~
	275	+	criminal prosecutions, and shall not be subject to the jurisdiction
136	276		of the juvenile court or be eligible to be tried as a youthful
137	277		offender in any further proceedings.
138		-
139	278		D. An order either certify ing a person as a child or an adult
140	279		pursuant to subsection A of this section or denying such
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141	306		certification shall be a final order, appealable when entered and
142	307		shall not be modified.
143		-
144	308		SECTION 2. AMENDATORY 10A O.S. 2011, Section 2 -3-101, as
145	309		last amended by Section 1, Chapter 22, O.S.L. 2020 (10A O.S. Supp.
146	310		2020, Section 2-3-101), is amended to read as follows:
147		-
148	311		Section 2-3-101. A. When a child is taken into custody
149	312		pursuant to the provisions of the Oklahoma Juvenile Code, the child
150	313		shall be detained only if it is necessary to assure the appearance
151	314		of the child in court or for the protection of the child or the
152	315		public.
153		-
154	316		1. a. No child twelve (12) years of age or younger shall be
155	317		placed in a juvenile detention facility unless all
156	318		alternatives have been exhausted and the child is
157	319		currently charged with a criminal offense that would
158	320		constitute a felony if committed by an adult and it
159	321		has been indicated by a risk -assessment screening that
160	322		the child requires detention. The detention of any
161	323		child twelve (12) years of age or younger shall be
162	324		judicially reviewed pursuant to subparagraph c of this
163	325		paragraph.
164		-
	326	+	b. Any child who is thirteen (13) or fourteen (14) years
	327	+	of age may be admitted to a juvenile detention
	328	+	facility only after all alternative s have been
	329	+	exhausted and the child is currently charged with a
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	356	+	criminal offense that would constitute a felony if
	357	+	committed by an adult and it has been indicated by a
	358	+	risk-assessment screening that the child requires
	359	+	detention.
	360	+	c. No preadjudicatory or pr edisposition detention or
	361	+	custody order shall remain in force and effect for
	362	+	more than thirty (30) days. The court, for good and
	363	+	sufficient cause shown, may extend the effective
	364	+	period of such an order for an additional period not
	365	+	to exceed sixty (60) day s. If the child is being
	366	+	detained for the commission of a murder, the court
	367	+	may, if it is in the best interests of justice, extend
	368	+	the effective period of such an order an additional
	369	+	sixty (60) days.
	370	+	d. Whenever the court orders a child to be held in a
	371	+	juvenile detention facility, an order for secure
	372	+	detention shall remain in force and effect for not
	373	+	more than fifteen (15) days after such order. Upon an
	374	+	application of the district attorney and after a
	375	+	hearing on such application, the court, for good and
	376	+	sufficient cause shown, may extend the effective
	377	+	period of such an order for an additional period not
	378	+	to exceed fifteen (15) days after such hearing. The
	379	+	total period of preadjudicatory or predisposition
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	406	+	shall not exceed the ninety -day limitation as
	407	+	specified in subparagraph a of this paragraph. The
	408	+	child shall be present at the hearing on the
	409	+	application for extension unless, as authorized and
	410	+	approved by the court, the attorney for the child is
	411	+	present at the hearing and the child is available to
	412	+	participate in the hearing via telephone conference
	413	+	communication. For the purpose of this paragraph,
	414	+	“telephone conference communication” means use of a
	415	+	telephone device that allows all parties, including
	416	+	the child, to hear and be heard by the other parties
	417	+	at the hearing. After the hearing, the court may
	418	+	order continued detention in a juvenile detention
	419	+	center, may order the child detained in an alternative
	420	+	to secure detention or may order the release of the
	421	+	child from detention.
	422	+	2. No child alleged or adjudi cated to be deprived or in need of
	423	+	supervision or who is or appears to be a minor in need of treatment
	424	+	as defined by the Inpatient Mental Health and Substance Abuse
	425	+	Treatment of Minors Act, shall be confined in any jail, adult
	426	+	lockup, or adult detention fa cility. No child shall be transported
	427	+	or detained in association with criminal, vicious, or dissolute
	428	+	persons.
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	455	+	3. Except as otherwise authorized by this section a child who
	456	+	has been taken into custody as a deprived child, a child in need of
	457	+	supervision, or who appears to be a minor in need of treatment, may
	458	+	not be placed in any detention facility pending court proceedings,
	459	+	but must be placed in shelter care or foster care or, with regard to
	460	+	a child who appears to be a minor in need of treatment, a behavio ral
	461	+	health treatment facility in accordance with the provisions of the
	462	+	Inpatient Mental Health and Substance Abuse Treatment of Minors Act,
	463	+	or released to the custody of the parents of the child or some other
	464	+	responsible party. Provided, this shall not pr eclude runaway
	465	+	juveniles from other states, with or without delinquent status, to
	466	+	be held in a detention facility in accordance with the Interstate
	467	+	Compact for Juveniles in Sections 2 -9-101 through 2-9-116 of this
	468	+	title and rules promulgated by the Interst ate Commission.
	469	+	B. No child shall be placed in secure detention unless:
	470	+	1. The child is an escapee from any delinquent placement;
	471	+	2. The child is a fugitive from another jurisdiction with a
	472	+	warrant on a delinquency charge or confirmation of delinquency
	473	+	charges by the home jurisdiction;
	474	+	3. The child is seriously assaultive or destructive towards
	475	+	others or self;
	476	+	4. The child is currently charged with any criminal offense
	477	+	that would constitute a felony if committed by an adult or a
	478	+	misdemeanor and:
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	505	+	a. is on probation or parole on a prior delinquent
	506	+	offense,
	507	+	b. is on preadjudicatory community supervision, or
	508	+	c. is currently on release status on a prior delinquent
	509	+	offense;
	510	+	5. The child has willfully failed or there is reason to believe
	511	+	that the child will w illfully fail to appear for juvenile court
	512	+	proceedings;
	513	+	6. A warrant for the child has been issued on the basis that:
	514	+	a. the child is absent from court -ordered placement
	515	+	without approval by the court,
	516	+	b. the child is absent from designated placement by th e
	517	+	Office of Juvenile Affairs without approval by the
	518	+	Office of Juvenile Affairs,
	519	+	c. there is reason to believe the child will not remain
	520	+	at said placement, or
	521	+	d. the child is subject to an administrative transfer or
	522	+	parole revocation proceeding.
	523	+	C. A child who has violated a court order and has had the order
	524	+	revoked or modified pursuant to Section 2 -2-503 of this title may be
	525	+	placed into an Office -of-Juvenile-Affairs-designated sanction
	526	+	detention bed or an Office -of-Juvenile-Affairs-approved sanction
	527	+	program.
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	554	+	D. Priority shall be given to the use of juvenile detention
	555	+	facilities for the detention of juvenile offenders through
	556	+	provisions requiring the removal from detention of a juvenile with a
	557	+	lower priority status if an empty detention bed is not availabl e at
	558	+	the time of referral of a juvenile with a higher priority status and
	559	+	if the juvenile with a higher priority status would be more of a
	560	+	danger to the public than the juvenile with the lower priority
	561	+	status.
	562	+	E. Juvenile detention facilities shall be the initial placement
	563	+	for all persons under eighteen (18) years of age. No child shall be
	564	+	placed in secure detention in an adult jail, adult lockup, adult
	565	+	detention facility or other adult facility except as provided in
	566	+	this section.
	567	+	1. Any child who is at least fifteen (15) years of age who is
	568	+	charged with murder in the first degree may be detained in an adult
	569	+	jail, adult lockup, adult detention facility or other adult facility
	570	+	only after a hearing in which the child is provided representation
	571	+	and the court makes a written finding that it is in the interest of
	572	+	justice that the child be placed in an adult jail, adult lockup,
	573	+	adult detention facility or other adult facility.
	574	+	2. In determining whether it is in the interest of justice that
	575	+	a child who is at lea st fifteen (15) years of age and who is charged
	576	+	with murder in the first degree be placed in an adult jail, adult
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	601	+	24
	602	+
	603	+	lockup, adult detention facility or other adult facility, the court
	604	+	shall consider:
	605	+	a. the age of the child,
	606	+	b. the physical and mental maturi ty of the child,
	607	+	c. the present mental state of the child, including
	608	+	whether the child presents an imminent risk of harm to
	609	+	the child,
	610	+	d. the nature and circumstances of the alleged offense,
	611	+	e. the child’s history of prior delinquent acts,
	612	+	f. the relative ability of the available adult and
	613	+	juvenile detention facilities to not only meet the
	614	+	specific needs of the child but also to protect the
	615	+	safety of the public as well as other detained youth,
	616	+	and
	617	+	g. any other relevant factors.
	618	+	3. If a court determines tha t it is in the interest of justice
	619	+	that the child be placed in an adult jail, adult lockup, adult
	620	+	detention facility or other adult facility:
	621	+	a. the court shall hold a hearing not less frequently
	622	+	than once every thirty (30) days, or in the case of a
	623	+	rural jurisdiction, which is any jurisdiction not
	624	+	located in a metropolitan statistical area, as defined
	625	+	by the United States Office of Management and Budget,
	626	+	not less frequently than once every forty -five (45)
	627	+
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	629	+	2
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	651	+	24
	652	+
	653	+	days, to review whether it is still in the interest of
	654	+	justice to permit the juvenile to be so held or have
	655	+	such sight and sound contact, and
	656	+	b. the child shall not be held in any adult jail or
	657	+	lockup for adults or be permitted to have sight or
	658	+	sound contact with adult inmates for more than one
	659	+	hundred eighty (180) days, unless the court, in
	660	+	writing, determines there is good cause for an
	661	+	extension or the child expressly waives this
	662	+	limitation.
	663	+	F. When a child is placed in an adult jail, adult lockup, adult
	664	+	detention facility or other adult facility, he or she shall be
	665	+	afforded the following rights and protections in order to address
	666	+	the child’s health and safety:
	667	+	1. A copy of the child’s most current mental health or suicide
	668	+	screening instrument approved by the Office of Juvenile Affairs
	669	+	shall be provided to the adult jail, adult lockup or adult detention
	670	+	facility at the time of the child’s transfer; and
	671	+	2. Adult jails, adult lockups, adult detention facilities or
	672	+	other adult facilities shall process requests for visits and allow
	673	+	approved visitors contact visits with the child within five (5)
	674	+	business days of the request.
	675	+	G. 1. Except as otherwise provided in this section, no child
	676	+	shall be placed in secure detention in a an adult jail, adult
	677	+
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	702	+
	703	+	lockup, or other adult detention facility or other adult facility
	704	+	unless:
	705	+	a. the child is detained for the commission of a crime
	706	+	that would constitute a felony if committed by an
	707	+	adult, and
	708	+	b. the child is awaiting an initial court appearance, and
	709	+	c. the initial court appearance of the child is scheduled
	710	+	within twenty-four (24) hours after being taken into
	711	+	custody, excluding weekends and holidays, and
	712	+	d. the court of jurisdiction is outside of the Standard
	713	+	Metropolitan Statistical Area as defined by the Bureau
	714	+	of Census, and
	715	+	e. there is no existing acceptable alternati ve placement
	716	+	for the child, and
	717	+	f. the adult jail, adult lockup or adult detention
	718	+	facility provides sight and sound separation for
	719	+	juveniles, pursuant to standards required by
	720	+	subsection E of Section 2 -3-103 of this title, or and
	721	+	g.
	722	+	b. the adult jail, adult lockup or adult detention
	723	+	facility meets the requirements for licensure of
	724	+	juvenile detention facilities, as adopted by the
	725	+	Office of Juvenile Affairs, is appropriately licensed,
	726	+
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	751	+
	752	+	and provides sight and sound separation for juveniles,
	753	+	which includes:
	754	+	(1) total separation between juveniles and adult
	755	+	facility spatial areas such that there could be
	756	+	no haphazard or accidental contact between
	757	+	juvenile and adult residents in the respective
	758	+	facilities,
	759	+	(2) total separation in all juvenile and adult
	760	+	program activities within the facilities,
	761	+	including recreation, education, counseling,
	762	+	health care, dining, sleeping and general living
	763	+	activities, and
	764	+	(3) separate juvenile and adult staff, specifically
	765	+	direct care staff such as recreation, education
	766	+	and counseling.
	767	+	Specialized services staff, such as cooks,
	768	+	bookkeepers, and medical professionals who are not
	769	+	normally in contact with detainees or whose infrequent
	770	+	contacts occur under conditions of separation of
	771	+	juveniles and adults can serve both.
	772	+	2. Nothing in this se ction shall preclude a child who is
	773	+	detained for the commission of a crime that would constitute a
	774	+	felony if committed by an adult, or a child who is an escapee from a
	775	+	juvenile secure facility or from an Office of Juvenile Affairs group
	776	+
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	801	+
	802	+	home from being held in any jail certified by the State Department
	803	+	of Health, police station or similar law enforcement offices for up
	804	+	to six (6) hours for purposes of identification, processing or
	805	+	arranging for transfer to a secure detention or alternative to
	806	+	secure detention. Such holding shall be limited to the absolute
	807	+	minimum time necessary to complete these actions.
	808	+	a. The time limitations for holding a child in a jail for
	809	+	the purposes of identification, processing or
	810	+	arranging transfer established by this section shal l
	811	+	not include the actual travel time required for
	812	+	transporting a child from a jail to a juvenile
	813	+	detention facility or alternative to secure detention.
	814	+	b. Whenever the time limitations established by this
	815	+	subsection are exceeded, this circumstance shall no t
	816	+	constitute a defense in a subsequent delinquency or
	817	+	criminal proceeding.
	818	+	3. Nothing in this section shall preclude detaining in a county
	819	+	jail or other adult detention facility an eighteen -year-old charged
	820	+	in a juvenile petition for whom certification to stand trial as an
	821	+	adult is prayed. However, if no certification motion is filed, the
	822	+	eighteen-year-old may remain in a juvenile detention facility as
	823	+	long as secure detention is required.
	824	+	4. Nothing in this section shall preclude detaining in a county
	825	+	jail or other adult detention facility a person provided for in
	826	+
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	851	+
	852	+	Section 2-3-102 of this title if written or electronically
	853	+	transmitted confirmation is received from the state seeking return
	854	+	of the individual that the person is a person provided for in
	855	+	Section 2-3-102 of this title and if, during the time of detention,
	856	+	the person is detained in a facility meeting the requirements of
	857	+	Section 2-3-103 of this title.
	858	+	5. Nothing in this section shall preclude detaining a person,
	859	+	whose age is not immediately ascer tainable and who is being detained
	860	+	for the commission of a felony, in a jail certified by the State
	861	+	Department of Health, a police station or similar law enforcement
	862	+	office for up to twenty -four (24) hours for the purpose of
	863	+	determining whether or not the person is a child, if:
	864	+	a. there is a reasonable belief that the person is
	865	+	eighteen (18) years of age or older,
	866	+	b. there is a reasonable belief that a felony has been
	867	+	committed by the person,
	868	+	c. a court order for such detention is obtained from a
	869	+	judge of the district court within six (6) hours of
	870	+	initially detaining the person,
	871	+	d. there is no juvenile detention facility that has space
	872	+	available for the person and that is within thirty
	873	+	(30) miles of the jail, police station, or law
	874	+	enforcement office in whic h the person is to be
	875	+	detained, and
	876	+
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	900	+	24
	901	+
	902	+	e. during the time of detention the person is detained in
	903	+	a facility meeting the requirements of subparagraph g
	904	+	b of paragraph 1 of this subsection.
	905	+	The time limitation provided for in this paragraph shall include the
	906	+	time the person is detained prior to the issuance of the court
	907	+	order.
	908	+	The time limitation provided for in this paragraph shall not include
	909	+	the actual travel time required for transporting the person to the
	910	+	jail, police station, or similar law enforcement off ice. If the
	911	+	time limitation established by this paragraph is exceeded, this
	912	+	circumstance shall not constitute a defense in any subsequent
	913	+	delinquency or criminal proceeding.
	914	+	F. H. Nothing contained in this section shall in any way reduce
	915	+	or eliminate the liability of a county as otherwise provided by law
	916	+	for injury or damages resulting from the placement of a child in a
	917	+	an adult jail, adult lockup, or other adult detention facility or
	918	+	other adult facility.
	919	+	G. I. Any juvenile detention facility shall be a vailable for
	920	+	use by any eligible Indian child as that term is defined by the
	921	+	Oklahoma Indian Child Welfare Act, providing that the use of the
	922	+	juvenile detention facility meets the requirements of the Oklahoma
	923	+	Juvenile Code. The Indian tribe may contract w ith any juvenile
	924	+	detention facility for the providing of detention services.
	925	+
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	950	+
	951	+	H. J. Each member of the staff of a juvenile detention facility
	952	+	shall satisfactorily complete a training program provided or
	953	+	approved by the Office of Juvenile Affairs.
	954	+	I. K. Whenever a juvenile is placed in any adult jail, adult
	955	+	lockup, or other adult detention facility or other adult facility,
	956	+	the Office of Juvenile Affairs shall have access to all facilities
	957	+	which detain such juveniles and shall have access to any data
	958	+	regarding such juveniles. The Office of Juvenile Affairs shall have
	959	+	access to all adult jails, adult lockups, adult detention facilities
	960	+	or other adult facilities in this state, including all data
	961	+	maintained by such facilities, to assure compliance with this
	962	+	section. The Board of Juvenile Affairs shall promulgate rules as
	963	+	necessary to implement the provisions of this section.
	964	+	SECTION 3. AMENDATORY 10A O.S. 2011, Section 2 -5-204, as
	965	+	amended by Section 4, Chapter 155, O.S.L. 2018 (10A O.S . Supp. 2020,
	966	+	Section 2-5-204), is amended to read as follows:
	967	+	Section 2-5-204. A. A child who is arrested for an offense
	968	+	pursuant to subsection A or B of Section 2 -5-206 of this title, or
	969	+	who is certified as a youthful offender pursuant to Section 2 -5-205
	970	+	of this title, shall be charged by information in the same manner as
	971	+	provided for adults.
	972	+	B. If the child is not otherwise represented by counsel and
	973	+	requests an attorney prior to or during interrogation, or whenever
	974	+	charged by information, as provided in subsection A of this section,
	975	+
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	978	+	3
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	1000	+
	1001	+	the court shall appoint an attorney, who shall not be a district
	1002	+	attorney, for the child regardless of any attempted waiver by the
	1003	+	parent, legal guardian, or other legal custodian of the child of the
	1004	+	right of the child to be represented by counsel. Counsel shall be
	1005	+	appointed by the court only upon determination by the court that the
	1006	+	parent, legal guardian or legal custodian is found to be indigent.
	1007	+	C. When a person is certified to stand trial as an adult or a
	1008	+	youthful offender as provided by the Youthful Offender Act, the
	1009	+	accused person shall have all the statutory and constitutional
	1010	+	rights and protections of an adult accused of a crime. All
	1011	+	proceedings shall be as for a criminal action and the provisions of
	1012	+	Title 22 of the Oklahoma Statutes shall apply, except as provided
	1013	+	for in the Youthful Offender Act.
	1014	+	D. All youthful offender court records for a person who is
	1015	+	certified to stand trial as an adult or youthful offender shall be
	1016	+	considered adult records and shall not be subject to the provisions
	1017	+	of Chapter 6 of the Oklahoma Juvenile Code; provided, however, all
	1018	+	reports, evaluations, motions, records, exhibits or documents
	1019	+	regarding the educational history, mental health or medical
	1020	+	treatment or condition of the offender th at are submitted to the
	1021	+	court or admitted into evidence during the hearing on the motion for
	1022	+	certification as a youthful offender to the juvenile system or
	1023	+	motion for imposition of an adult sentence shall be confidential and
	1024	+	shall be filed or admitted unde r seal, except that such records
	1025	+
	1026	+	ENGR. S. A. TO ENGR. H. B. NO. 2311 Page 21 1
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	1050	+
	1051	+	shall be provided to the Office of Juvenile Affairs. Any testimony
	1052	+	regarding the reports, evaluations, motions, records, exhibits or
	1053	+	documents shall be given in camera and shall not be open to the
	1054	+	general public; provided, all persons having a direct interest in
	1055	+	the case as provided in paragraph 1 of subsection A of Section 2 -2-
	1056	+	402 of this title shall be allowed to be present during the
	1057	+	testimony but shall be admonished not to discuss the testimony
	1058	+	following the hearing. A ll reports, evaluations, motions, records,
	1059	+	exhibits or documents shall be released from under seal by order of
	1060	+	the court if the youthful offender is sentenced to the custody or
	1061	+	supervision of the Department of Corrections by the court pursuant
	1062	+	to paragraph 1 of subsection B of Section 2 -5-209 or paragraph 5 of
	1063	+	subsection B of Section 2 -5-210 of this title or if the juvenile or
	1064	+	youthful offender is later charged as an adult with a felony crime.
	1065	+	E. Proceedings against a youthful offender shall be heard by
	1066	+	any judge of the district court.
	1067	+	F. Upon arrest and detention of a person subject to the
	1068	+	provisions of Section 2 -5-205 or 2-5-206 of this title, the person
	1069	+	has the same right to be released on bail as would an adult in the
	1070	+	same circumstances and, if detained, may be detained in a county
	1071	+	jail if separated by sight and sound from the adult population as
	1072	+	otherwise authorized by law. If no such county jail is available,
	1073	+	then such person may be detained at a juvenile detention facility.
	1074	+	The sheriff, chief of po lice, or juvenile or adult detention
	1075	+
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	1100	+
	1101	+	facility operator shall forthwith notify the Office of Juvenile
	1102	+	Affairs of any such arrest and detention .
	1103	+	G. Upon certification for the imposition of an adult sentence,
	1104	+	a verdict of guilty or entry of a plea of guilty or nolo contendere
	1105	+	by a youthful offender who has been certified for the imposition of
	1106	+	an adult sentence as provided by Section 2 —5-208 of this title, the
	1107	+	person may be detained as an adult and, if incarcerated, may be
	1108	+	incarcerated with the adult populatio n in an adult jail, adult
	1109	+	lockup, adult detention facility or other adult facility if that
	1110	+	facility is licensed by the State Department of Health to detain
	1111	+	children under eighteen (18) years of age while the person is
	1112	+	awaiting housing by the Department of Corrections.
	1113	+	H. A child or youthful offender shall be tried as an adult in
	1114	+	all subsequent criminal prosecutions, and shall not be subject to
	1115	+	the jurisdiction of the juvenile court as a juvenile delinquent or
	1116	+	youthful offender processes in any further proc eedings if:
	1117	+	1. The child or youthful offender has been certified to stand
	1118	+	trial as an adult pursuant to any certification procedure provided
	1119	+	by law and is subsequently convicted of the alleged offense or
	1120	+	against whom the imposition of judgment and sentenc e has been
	1121	+	deferred; or
	1122	+	2. The youthful offender has been certified for the imposition
	1123	+	of an adult sentence as provided by Section 2 -5-208 of this title
	1124	+
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	1149	+
	1150	+	and is subsequently convicted of the alleged offense or against whom
	1151	+	the imposition of judgment and se ntencing has been deferred.
	1152	+	I. Except as otherwise provided in the Youthful Offender Act, a
	1153	+	person who has been certified as a youthful offender shall be
	1154	+	prosecuted as a youthful offender in all subsequent criminal
	1155	+	proceedings until the youthful offender has attained eighteen (18)
	1156	+	years of age.
	1157	+	All proceedings for the commission of a crime committed after a
	1158	+	youthful offender has reached eighteen (18) years of age shall be
	1159	+	adult proceedings.
	1160	+	SECTION 4. AMENDATORY 10A O.S. 2011, Sec tion 2-5-209, as
	1161	+	amended by Section 9, Chapter 155, O.S.L. 2018 (10A O.S. Supp. 2020,
	1162	+	Section 2-5-209), is amended to read as follows:
	1163	+	Section 2-5-209. A. Upon a verdict of guilty or a plea of
	1164	+	guilty or nolo contendere of a youthful offender and prior to the
	1165	+	imposition of a youthful offender sentence by the court:
	1166	+	1. A youthful offender presentence investigation shall be
	1167	+	conducted unless waived by the youthful offender with approval of
	1168	+	the court or unless an investigation is conducted pursuant to
	1169	+	subsection C of Section 2-5-208 of this title. All reports,
	1170	+	evaluations, motions, records, exhibits or documents regarding the
	1171	+	educational history, mental health or medical treatment or condition
	1172	+	of the offender that are submitted to the court or admitted into
	1173	+	evidence during the hearing on the motion for certification of the
	1174	+
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	1199	+
	1200	+	accused youthful offender to the juvenile system or motion for
	1201	+	imposition of an adult sentence are confidential and shall be filed
	1202	+	or admitted under seal, except that such records shall be p rovided
	1203	+	to the Office of Juvenile Affairs. Any testimony regarding the
	1204	+	reports, evaluations, motions, records, exhibits or documents shall
	1205	+	be given in camera and shall not be open to the general public;
	1206	+	provided, all persons having a direct interest in th e case as
	1207	+	provided in paragraph 1 of subsection A of Section 2 -2-402 of this
	1208	+	title shall be allowed to be present during the testimony but shall
	1209	+	be admonished not to discuss the testimony following the hearing.
	1210	+	All reports, evaluations, motions, records, exhibits or documents
	1211	+	shall be released from under seal by order of the court if the
	1212	+	youthful offender is sentenced to the custody or supervision of the
	1213	+	Department of Corrections by the court pursuant to paragraph 1 of
	1214	+	subsection B of Section 2-5-209 this section or paragraph 5 of
	1215	+	subsection B of Section 2 -5-210 of this title or if the juvenile or
	1216	+	youthful offender is later charged as an adult with a felony crime.
	1217	+	Any presentence investigation required by this section shall be
	1218	+	conducted by the Office of Ju venile Affairs; and
	1219	+	2. The court shall conduct a hearing and shall consider, with
	1220	+	the greatest weight given to subparagraphs a, b and c:
	1221	+	a. whether the offense was committed in an aggressive,
	1222	+	violent, premeditated or willful manner,
	1223	+
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	1249	+	b. whether the offense was against persons and, if
	1250	+	personal injury resulted, the degree of personal
	1251	+	injury,
	1252	+	c. the record and past history of the person, including
	1253	+	previous contacts with law enforcement agencies and
	1254	+	juvenile or criminal courts, prior periods of
	1255	+	probation and commitments to juvenile institutions,
	1256	+	d. the sophistication and maturity of the person and the
	1257	+	capability of distinguishing right from wrong as
	1258	+	determined by consideration of the psychological
	1259	+	evaluation, home, environmental situation, emotional
	1260	+	attitude and pattern of living of the person,
	1261	+	e. the prospects for adequate protection of the public if
	1262	+	the person is processed through the youthful offender
	1263	+	system or the juvenile system,
	1264	+	f. the reasonable likelihood of rehabilitation of the
	1265	+	person if found to have c ommitted the offense, by the
	1266	+	use of procedures and facilities currently available
	1267	+	to the juvenile, and
	1268	+	g. whether the offense occurred while the person was
	1269	+	escaping or on escape status from an institution for
	1270	+	youthful offenders or delinquent children.
	1271	+	B. 1. After the hearing and consideration of the report of the
	1272	+	presentence investigation, the court shall impose sentence as a
	1273	+
	1274	+	ENGR. S. A. TO ENGR. H. B. NO. 2311 Page 26 1
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	1298	+
	1299	+	youthful offender, and such youthful offender shall be subject to
	1300	+	the same type of sentencing procedures and duration of sentence,
	1301	+	except for capital offenses, including suspension or deferment, as
	1302	+	an adult convicted of a felony offense, except that any sentence
	1303	+	imposed upon the youthful offender shall be served in the custody or
	1304	+	under the supervision of the Office of Juvenile Affairs until the
	1305	+	expiration of the sentence, the youthful offender is discharged, or
	1306	+	the youthful offender reaches eighteen (18) years of age, whichever
	1307	+	first occurs. If an individual sentenced as a youthful offender
	1308	+	attains eighteen (18) years of age prior to the expiration of the
	1309	+	sentence, such individual shall be returned to the sentencing court.
	1310	+	At that time, the sentencing court shall make one of the following
	1311	+	determinations:
	1312	+	a. whether the youthful offender shall be returned to the
	1313	+	Office of Juvenile Affa irs to complete a treatment
	1314	+	program, provided that the treatment program shall not
	1315	+	exceed the youthful offender’s attainment of eighteen
	1316	+	(18) years and six (6) months of age. At the
	1317	+	conclusion of the treatment program, the individual
	1318	+	shall be returned to the sentencing court for a
	1319	+	determination under subparagraph b, c or d of this
	1320	+	paragraph,
	1321	+	b. whether the youthful offender shall be placed in the
	1322	+	custody of the Department of Corrections,
	1323	+
	1324	+	ENGR. S. A. TO ENGR. H. B. NO. 2311 Page 27 1
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	1349	+	c. whether the youthful offender shall be placed on
	1350	+	probation with the Department of Corrections, or
	1351	+	d. whether the youthful offender shall be discharged from
	1352	+	custody.
	1353	+	2. The sentence imposed shall not exceed the maximum sentence
	1354	+	already imposed in the originating sentence.
	1355	+	3. Upon the youthful offender attaining the age of eighteen
	1356	+	(18) years and six (6) months, the Office of Juvenile Affairs may
	1357	+	recommend that the youthful offender be returned to the custody or
	1358	+	supervision of the Office of Juvenile Affairs until the age of
	1359	+	nineteen (19) years to complete the reintegratio n phase of the
	1360	+	treatment program or community supervision as determined by the
	1361	+	Office of Juvenile Affairs. During any period of extension, a
	1362	+	youthful offender may be transferred to the Department of
	1363	+	Corrections as provided in paragraph 5 of subsection B o f Section 2-
	1364	+	5-210 of this title, whether the youthful offender is placed in an
	1365	+	out-of-home placement or in the community.
	1366	+	4. If the court has extended jurisdiction of the youthful
	1367	+	offender until nineteen (19) years of age, the youthful offender
	1368	+	shall remain in custody or under the supervision of the Office of
	1369	+	Juvenile Affairs until the youthful offender has been discharged or
	1370	+	sentenced by the court or until the youthful offender’s nineteenth
	1371	+	birthday, at which time the youthful offender shall be returned t o
	1372	+	the court for final disposition of the youthful offender’s case.
	1373	+
	1374	+	ENGR. S. A. TO ENGR. H. B. NO. 2311 Page 28 1
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	1399	+	The court shall have the same dispositional options as provided in
	1400	+	subparagraphs b, c and d of paragraph 1 of this subsection.
	1401	+	5. Any period of probation required by the sentencing court to
	1402	+	be served shall be supervised by:
	1403	+	a. the Office of Juvenile Affairs or designated
	1404	+	representative, if the youthful offender is under
	1405	+	eighteen (18) years of age, or
	1406	+	b. the Department of Corrections or designated
	1407	+	representative, upon the youthful offender attaining
	1408	+	eighteen (18) years of age.
	1409	+	6. In addition to or in lieu of the placement of the youthful
	1410	+	offender in the custody of or under the supervision of the Office of
	1411	+	Juvenile Affairs, the court may issue orders with regard to the
	1412	+	youthful offender as p rovided by law for the disposition of an
	1413	+	adjudicated juvenile delinquent as long as the age of the youthful
	1414	+	offender does not exceed nineteen (19) years.
	1415	+	7. It is the intent of the Oklahoma Legislature that youthful
	1416	+	offenders be held insofar as is practic al separate from the juvenile
	1417	+	delinquent population.
	1418	+	8. The Office of Juvenile Affairs may make recommendations to
	1419	+	the court concerning the disposition of the youthful offender.
	1420	+	9. Any order issued by the sentencing court under this
	1421	+	subsection shall be a final order, appealable when entered.
	1422	+
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	1448	+	C. A youthful offender who is seventeen (17) or eighteen (18)
	1449	+	years of age or older and who has been sentenced to the custody of
	1450	+	the Office of Juvenile Affairs may be detained in a county jail
	1451	+	pending placement in an Office of Juvenile Affairs facility ,
	1452	+	provided the county jail meets the jail standards promulgated by the
	1453	+	State Department of Health for juvenile offenders. The youthful
	1454	+	offender who is eighteen (18) years of age or older and may be held
	1455	+	in the general population of the county jail.
	1456	+	SECTION 5. This act shall become effective November 1, 2021. ”
	1457	+
	1458	+
	1459	+	Passed the Senate the 19th day of April, 2021.
	1460	+
	1461	+
	1462	+
	1463	+	Presiding Officer of the Senate
	1464	+
	1465	+
	1466	+	Passed the House of Representatives the ____ day of _______ ___,
	1467	+	2021.
	1468	+
	1469	+
	1470	+
	1471	+	Presiding Officer of the House
	1472	+	of Representatives
	1473	+
	1474	+	ENGR. H. B. NO. 2311 Page 1 1
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	1498	+
	1499	+	ENGROSSED HOUSE
	1500	+	BILL NO. 2311 By: Lawson and Munson of the
	1501	+	House
	1502	+
	1503	+	and
	1504	+
	1505	+	Haste of the Senate
	1506	+
	1507	+
	1508	+
	1509	+	An Act relating to children; amending 10A O.S. 2011,
	1510	+	Sections 2-2-403, 2-3-101, as last amended by Section
	1511	+	1, Chapter 22, O.S.L. 2020, 2-5-204, as amended by
	1512	+	Section 4, Chapter 155, O.S.L. 2018 and 2 -5-209, as
	1513	+	amended by Section 9, Chapter 155, O.S.L. 2018 (10A
	1514	+	O.S. Supp. 2020, Sections 2-3-101, 2-5-204 and 2-5-
	1515	+	209), which relate to detent ion of children in adult
	1516	+	facilities; providing for incarceration of juveniles
	1517	+	sentenced as adults; prohibiting detainment of
	1518	+	children in adult facilities; providing exceptions;
	1519	+	requiring hearing and certain findings before
	1520	+	confinement of child in adult fac ility; establishing
	1521	+	factors for court to consider; affording certain
	1522	+	rights and protections to child; providing for
	1523	+	detention of youthful offenders; and providing an
	1524	+	effective date.
	1525	+
	1526	+
	1527	+
	1528	+
	1529	+	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
	1530	+	SECTION 6. AMENDATORY 10A O.S. 2011, Section 2 -2-403, is
	1531	+	amended to read as follows:
	1532	+	Section 2-2-403. A. Except as otherwise provided by law, if a
	1533	+	child is charged with a delinquent act as a result of an offense
	1534	+	which would be a felony if commi tted by an adult, the court on its
	1535	+	own motion or at the request of the district attorney shall conduct
	1536	+	a preliminary hearing to determine whether or not there is
	1537	+	prosecutive merit to the complaint. If the court finds that
	1538	+
	1539	+	ENGR. H. B. NO. 2311 Page 2 1
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	1563	+
	1564	+	prosecutive merit exists, it shal l continue the hearing for a
	1565	+	sufficient period of time to conduct an investigation and further
	1566	+	hearing to determine if the child should be held accountable for
	1567	+	acts of the child as if the child were an adult if the child should
	1568	+	be found to have committed t he alleged act or omission.
	1569	+	Consideration shall be given to:
	1570	+	1. The seriousness of the alleged offense to the community, and
	1571	+	whether the alleged offense was committed in an aggressive, violent,
	1572	+	premeditated or willful manner;
	1573	+	2. Whether the offense was a gainst persons or property, greater
	1574	+	weight being given to transferring the accused person to the adult
	1575	+	criminal justice system for offenses against persons and, if
	1576	+	personal injury resulted, the degree of personal injury;
	1577	+	3. The sophistication and maturity of the juvenile and
	1578	+	capability of the juvenile of distinguishing right from wrong as
	1579	+	determined by consideration of a psychological evaluation of the
	1580	+	juvenile, home, environmental situation, emotional attitude and
	1581	+	pattern of living;
	1582	+	4. The record and pre vious history of the accused person,
	1583	+	including previous contacts with community agencies, law enforcement
	1584	+	agencies, schools, juvenile or criminal courts and other
	1585	+	jurisdictions, prior periods of probation or prior commitments to
	1586	+	juvenile institutions;
	1587	+	5. The prospects for adequate protection of the public;
	1588	+
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	1614	+	6. The likelihood of reasonable rehabilitation of the juvenile
	1615	+	if the juvenile is found to have committed the alleged offense, by
	1616	+	the use of procedures and facilities currently available to the
	1617	+	juvenile court; and
	1618	+	7. Whether the offense occurred while the juvenile was escaping
	1619	+	or in an escape status from an institution for delinquent children.
	1620	+	After the investigation and hearing, the court may in its
	1621	+	discretion proceed with the juvenile proceeding, or i t shall state
	1622	+	its reasons in writing and shall certify, based on clear and
	1623	+	convincing evidence, that the child shall be held accountable for
	1624	+	acts of the child as if the child were an adult and shall be held
	1625	+	for proper criminal proceedings for the specific offense charged, by
	1626	+	any other division of the court which would have trial jurisdiction
	1627	+	of the offense if committed by an adult. The juvenile proceeding
	1628	+	shall not be dismissed until the criminal proceeding has commenced
	1629	+	and if no criminal proceeding comme nces within thirty (30) days of
	1630	+	the date of the certification, unless stayed pending appeal, the
	1631	+	court shall proceed with the juvenile proceeding and the
	1632	+	certification shall lapse.
	1633	+	If not included in the original summons, notice of a hearing to
	1634	+	consider whether a child should be certified for trial as an adult
	1635	+	shall be given to all persons who are required to be served with a
	1636	+	summons at the commencement of a juvenile proceeding, but
	1637	+	publication in a newspaper when the address of a person is unknown
	1638	+
	1639	+	ENGR. H. B. NO. 2311 Page 4 1
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	1664	+	is not required. The purpose of the hearing shall be clearly stated
	1665	+	in the notice.
	1666	+	B. Prior to the entry of any order of certification, any child
	1667	+	in custody shall have the same right to be released upon bail as
	1668	+	would an adult under the same circumstances. Subse quent to the
	1669	+	entry of an order that a child stand trial as an adult, the child
	1670	+	shall have all the statutory and constitutional rights and
	1671	+	protections of an adult accused of a crime but shall, while awaiting
	1672	+	trial and for the duration of the trial, be detai ned in a jail cell
	1673	+	or ward entirely separate from prisoners who are eighteen (18) years
	1674	+	of age or over. Upon conviction, the juvenile may be incarcerated
	1675	+	with the adult population in an adult jail, adult lockup, adult
	1676	+	detention facility or other adult facility if that facility is
	1677	+	licensed by the Office of Juvenile Affairs to detain children under
	1678	+	eighteen (18) years of age while the person is awaiting housing by
	1679	+	the Department of Corrections . If, prior to the entry of any order
	1680	+	of certification, the child becomes eighteen (18) years of age, the
	1681	+	child may be detained in a county jail or released on bail. If a
	1682	+	child is certified to stand trial as an adult, the court shall make
	1683	+	every effort to avoid duplication of the adult preliminary hearing
	1684	+	and the prosecutorial hearing in the juvenile certification process.
	1685	+	The parties may jointly stipulate to the court that the record for
	1686	+	the prosecutorial merit hearing in the juvenile proceeding be used
	1687	+	for all or part of the preliminary hearing.
	1688	+
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	1714	+	C. Any child who has been certified to stand trial as an adult
	1715	+	pursuant to any order entered by any competent court of this state
	1716	+	or any other state shall be tried as an adult in all subsequent
	1717	+	criminal prosecutions, and shall not be subject to the jurisdiction
	1718	+	of the juvenile court or be eligible to be tried as a youthful
	1719	+	offender in any further proceedings.
	1720	+	D. An order either certifying a person as a child or an adult
	1721	+	pursuant to subsection A of this section or denying such
	1722	+	certification shall be a final order, appealable wh en entered and
	1723	+	shall not be modified.
	1724	+	SECTION 7. AMENDATORY 10A O.S. 2011, Section 2 -3-101, as
	1725	+	last amended by Section 1 , Chapter 22, O.S.L. 2020 (10A O.S. Supp.
	1726	+	2020, Section 2-3-101), is amended to read as follows:
	1727	+	Section 2-3-101. A. When a child is taken into custody
	1728	+	pursuant to the provisions of the Oklahoma Juvenile Code, the child
	1729	+	shall be detained only if it is necessary to assure the appearance
	1730	+	of the child in court or for the protection of the child or the
	1731	+	public.
	1732	+	1. a. No child twelve (12) years of age or younger shall be
	1733	+	placed in a juvenile detention facility unless all
	1734	+	alternatives have been exhausted and the child is
	1735	+	currently charged with a criminal offense that would
	1736	+	constitute a felony if committed by an adult an d it
	1737	+	has been indicated by a risk -assessment screening that
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	1764	+	the child requires detention. The detention of any
	1765	+	child twelve (12) years of age or younger shall be
	1766	+	judicially reviewed pursuant to subparagraph c of this
	1767	+	paragraph.
165	1768		b. Any child who is thirtee n (13) or fourteen (14) years
166	1769		of age may be admitted to a juvenile detention
167	1770		facility only after all alternatives have been
168	1771		exhausted and the child is currently charged with a
169	1772		criminal offense that would constitute a felony if
170	1773		committed by an adult and it has been indicated by a
171	1774		risk-assessment screening that the child requires
172	1775		detention.
173		-
174	1776		c. No preadjudicatory or predisposition detention or
175	1777		custody order shall remain in force and effect for
176	1778		more than thirty (30) days. The court, for good and
177	1779		sufficient cause shown, may extend the effective
178	1780		period of such an order for an additional period not
179	1781		to exceed sixty (60) days. If the child is being
180		-	detained for the commission of a murder, the court ~~ENR. H. B. NO. 2311 Page 5~~
	1782	+	detained for the commission of a murder, the court
181	1783		may, if it is in the best interests of justice, extend
182	1784		the effective period of such an order an additional
183	1785		sixty (60) days.
184		-
185	1786		d. Whenever the court orders a child to be held in a
186	1787		juvenile detention facility, an order for secure
	1788	+
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187	1814		detention shall remain in force and effect for not
188	1815		more than fifteen (15) days after such order. Upon an
189	1816		application of the district attorney and after a
190	1817		hearing on such application, the court, for good and
191	1818		sufficient cause shown, may extend the effective
192	1819		period of such an order for an additional period not
193	1820		to exceed fifteen (15) days after such hear ing. The
194	1821		total period of preadjudicatory or predisposition
195	1822		shall not exceed the ninety -day limitation as
196	1823		specified in subparagraph a of this paragraph. The
197	1824		child shall be present at the hearing on the
198	1825		application for extension unless, as authorized and
199	1826		approved by the court, the attorney for the child is
200	1827		present at the hearing and the child is available to
201	1828		participate in the hearing via telephone conference
202	1829		communication. For the purpose of this paragraph,
203	1830		"telephone conference communication" means use o f a
204	1831		telephone device that allows all parties, including
205	1832		the child, to hear and be heard by the other parties
206	1833		at the hearing. After the hearing, the court may
207	1834		order continued detention in a juvenile detention
208	1835		center, may order the child detained in an alte rnative
209	1836		to secure detention or may order the release of the
210	1837		child from detention.
211	1838
	1839	+	ENGR. H. B. NO. 2311 Page 8 1
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212	1864		2. No child alleged or adjudicated to be deprived or in need of
213	1865		supervision or who is or appears to be a minor in need of treatment
214	1866		as defined by the Inpatient Mental Health and Substance Abuse
215	1867		Treatment of Minors Act, shall be confined in any jail, adult
216	1868		lockup, or adult detention facility. No child shall be transported
217	1869		or detained in association with criminal, vicious, or dissolute
218	1870		persons.
219		-
220	1871		3. Except as otherwise authoriz ed by this section a child who
221	1872		has been taken into custody as a deprived child, a child in need of
222	1873		supervision, or who appears to be a minor in need of treatment, may
223	1874		not be placed in any detention facility pending court proceedings,
224	1875		but must be placed in shelter care or foster care or, with regard to
225		-	a child who appears to be a minor in need of treatment, a behavioral ~~ENR. H. B. NO. 2311 Page 6~~
	1876	+	a child who appears to be a minor in need of treatment, a behavioral
226	1877		health treatment facility in accordance with the provisions of the
227	1878		Inpatient Mental Health and Substance Abuse Treatment of Minors Act,
228	1879		or released to the custody of the parents of the child or some other
229	1880		responsible party. Provided, this shall not preclude runaway
230	1881		juveniles from other states, with or without delinquent status, to
231	1882		be held in a detention facility in accordance with the Interst ate
232	1883		Compact for Juveniles in Sections 2 -9-101 through 2-9-116 of this
233	1884		title and rules promulgated by the Interstate Commission.
234		-
235	1885		B. No child shall be placed in secure detention unless:
236		-
237	1886		1. The child is an escapee from any delinquent placement;
	1887	+
	1888	+	ENGR. H. B. NO. 2311 Page 9 1
	1889	+	2
	1890	+	3
	1891	+	4
	1892	+	5
	1893	+	6
	1894	+	7
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	1896	+	9
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	1898	+	11
	1899	+	12
	1900	+	13
	1901	+	14
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	1905	+	18
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	1907	+	20
	1908	+	21
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	1910	+	23
	1911	+	24
238	1912
239	1913		2. The child is a fugitive from another jurisdiction with a
240	1914		warrant on a delinquency charge or confirmation of delinquency
241	1915		charges by the home jurisdiction;
242		-
243	1916		3. The child is seriously assaultive or destructive towards
244	1917		others or self;
245		-
246	1918		4. The child is currently charge d with any criminal offense
247	1919		that would constitute a felony if committed by an adult or a
248	1920		misdemeanor and:
249		-
250	1921		a. is on probation or parole on a prior delinquent
251	1922		offense,
252		-
253	1923		b. is on preadjudicatory community supervision, or
254		-
255	1924		c. is currently on release status on a prior delinquent
256	1925		offense;
257		-
258	1926		5. The child has willfully failed or there is reason to believe
259	1927		that the child will willfully fail to appear for juvenile court
260	1928		proceedings;
261		-
262	1929		6. A warrant for the child has been issued on the basis that:
263		-
264	1930		a. the child is absent fr om court-ordered placement
265	1931		without approval by the court,
266		-
267	1932		b. the child is absent from designated placement by the
268	1933		Office of Juvenile Affairs without approval by the
269	1934		Office of Juvenile Affairs,
270		-	ENR. H. B. NO. 2311 Page 7
271	1935		c. there is reason to believe the child will not remain
272	1936		at said placement, or
273	1937
	1938	+	ENGR. H. B. NO. 2311 Page 10 1
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	1940	+	3
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	1962	+
274	1963		d. the child is subject to an administrative transfer or
275	1964		parole revocation proceeding.
276		-
277	1965		C. A child who has violated a court order and has had the order
278	1966		revoked or modified pursuant to Section 2 -2-503 of this title may be
279	1967		placed into an Offic e-of-Juvenile-Affairs-designated sanction
280	1968		detention bed or an Office -of-Juvenile-Affairs-approved sanction
281	1969		program.
282		-
283	1970		D. Priority shall be given to the use of juvenile detention
284	1971		facilities for the detention of juvenile offenders through
285	1972		provisions requiring the removal from detention of a juvenile with a
286	1973		lower priority status if an empty detention bed is not available at
287	1974		the time of referral of a juvenile with a higher priority status and
288	1975		if the juvenile with a higher priority status would be more of a
289	1976		danger to the public than the juvenile with the lower priority
290	1977		status.
291		-
292		-	E. Juvenile detention facilities shall be the initial placement
293		-	for all persons under eighteen (18) years of age. No child shall be
294		-	placed in secure detention in an adult jail, adult lockup, adult
	1978	+	E. Juvenile detention facilities shall be the default placement
	1979	+	for all persons under seventeen (17) years of age . No child shall
	1980	+	be placed in secure detention in an adult jail, adult lock up, adult
295	1981		detention facility or other adult facility except as provided in
296	1982		this section.
297		-
298	1983		1. Any child who is at least fifteen (15) years of age who is
299	1984		charged with murder in the first degree may be detained in an adult
300	1985		jail, adult lockup, adult detention facility or other adult facility
301	1986		only after a hearing in which the child is provided representation
302		-	and the court makes a written finding that it is in the interest of
	1987	+
	1988	+	ENGR. H. B. NO. 2311 Page 11 1
	1989	+	2
	1990	+	3
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	2007	+	20
	2008	+	21
	2009	+	22
	2010	+	23
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	2012	+
	2013	+	and a written court order stating that it is in the interest of
303	2014		justice that the child be placed in an adult jail, adult lockup,
304		-	adult detention facility or other adult facility.
305		-
	2015	+	adult detention facility or other adult facility and if that
	2016	+	facility is licensed by the Office of Juvenile Affairs to detain
	2017	+	children under eighteen (18) years of age.
306	2018		2. In determining whether it is in the interest of justice that
307	2019		a child who is at least fifteen (15) years of age and who is charged
308	2020		with murder in the first degree be placed in an adult jail, adult
309	2021		lockup, adult detention facility or other adult facility, the court
310	2022		shall consider:
311		-
312	2023		a. the age of the child,
313		-
314	2024		b. the physical and mental maturity of the child,
315		-	ENR. H. B. NO. 2311 Page 8
316	2025		c. the present mental state of the child, including
317	2026		whether the child presents an imminent risk of harm to
318		-	the child,
319		-
	2027	+	himself or herself,
320	2028		d. the nature and circumstances of the alleged offense,
321		-
322	2029		e. the child's history of prior delinquent acts,
323		-
324	2030		f. the relative ability of the avai lable adult and
325	2031		juvenile detention facilities to not only meet the
326	2032		specific needs of the child but also to protect the
327	2033		safety of the public as well as other detained youth,
328	2034		and
329		-
330	2035		g. any other relevant factors.
	2036	+
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331	2061
332	2062		3. If a court determines that it is in the inte rest of justice
333	2063		that the child be placed in an adult jail, adult lockup, adult
334	2064		detention facility or other adult facility:
335		-
336	2065		a. the court shall hold a hearing not less frequently
337	2066		than once every thirty (30) days, or in the case of a
338	2067		rural jurisdiction, which is any jurisdiction not
339		-	located in a metropolitan statistical area as defined
	2068	+	located in a metropolitan statistical area, as defined
340	2069		by the United States Office of Management and Budget,
341	2070		not less frequently than once every forty -five (45)
342	2071		days, to review whether it is still in the interest of
343		-	justice to permit the juvenile to be so held or have
344		-	such sight and sound contact, a nd
345		-
	2072	+	justice to permit the juvenile to be so held, and
346	2073		b. the child shall not be held in any adult jail or
347		-	lockup for adults or be permitted to have sight or
348		-	sound contact with adult inmates for more than one
349		-	hundred eighty (180) days, unless the court, in
350		-	writing, determines there is good cause for an
351		-	extension or the child expressly waives this
352		-	limitation.
353		-
	2074	+	lockup for adults for more than one hundred eighty
	2075	+	(180) days, unless the court, in writing, determines
	2076	+	there is good cause for an extension or the child
	2077	+	expressly waives this limitation.
354	2078		F. When a child is placed in an adult jail, adult lockup, adult
355	2079		detention facility or other adult facility, he or she shall be
356	2080		afforded the following rights and protections in order to address
357	2081		the child's health and safety:
358		-
359	2082		1. A copy of the child's most current mental health or suicide
360		-	screening instrument approved by the Office of Juvenile Affairs ~~ENR. H. B. NO. 2311 Page 9~~
	2083	+	screening instrument approved by the Office of Juvenile Affairs
361	2084		shall be provided to the adult jail, adult lockup or adult detention
362	2085		facility at the time of the child's transfer; and
	2086	+
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363	2111
364	2112		2. Adult jails, adult lockups, adult detention facilities or
365	2113		other adult facilities shall process requests for visits and allow
366	2114		approved visitors contact visits with the child within five (5)
367	2115		business days of the request.
368		-
369	2116		G. 1. Except as otherwise provided in this section, no child
370	2117		shall be placed in secure detention in a an adult jail, adult
371	2118		lockup, or other adult detention facility or other adult facility
372	2119		unless:
373		-
374	2120		a. the child is detained for the commission of a crime
375	2121		that would constitute a felony if committed by an
376	2122		adult, and
377		-
378	2123		b. the child is awaiting an initial court appearance, and
379		-
380	2124		c. the initial court appearance of the child is scheduled
381	2125		within twenty-four (24) hours after being taken into
382	2126		custody, excluding weekends and holidays, and
383		-
384	2127		d. the court of jurisdiction is outs ide of the Standard
385	2128		Metropolitan Statistical Area as defined by the Bureau
386	2129		of Census, and
387		-
388	2130		e. there is no existing acceptable alternative placement
389	2131		for the child, and
390		-
391	2132		f. the adult jail, adult lockup or adult detention
392	2133		facility provides sight and sound separ ation for
393	2134		juveniles, pursuant to standards required by
394	2135		subsection E of Section 2 -3-103 of this title, or and
395	2136
	2137	+	ENGR. H. B. NO. 2311 Page 14 1
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	2161	+
396	2162		g.
397		-
398	2163		b. the adult jail, adult lockup or adult detention
399	2164		facility meets the requirements for licensure of
400	2165		juvenile detention facilities, as adopted by the
401	2166		Office of Juvenile Affairs, is appropriately licensed,
402	2167		and provides sight and sound separation for juveniles,
403	2168		which includes:
404		-	ENR. H. B. NO. 2311 Page 10
405	2169		(1) total separation between juveniles and adult
406	2170		facility spatial areas such that there could be
407	2171		no haphazard or accidental c ontact between
408	2172		juvenile and adult residents in the respective
409	2173		facilities,
410		-
411	2174		(2) total separation in all juvenile and adult
412	2175		program activities within the facilities,
413	2176		including recreation, education, counseling,
414	2177		health care, dining, sleeping and general living
415	2178		activities, and
416		-
417	2179		(3) separate juvenile and adult staff, specifically
418	2180		direct care staff such as recreation, education
419	2181		and counseling.
420		-
421	2182		Specialized services staff, such as cooks,
422	2183		bookkeepers, and medical professionals who are not
423	2184		normally in contact with deta inees or whose infrequent
	2185	+
	2186	+	ENGR. H. B. NO. 2311 Page 15 1
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	2210	+
424	2211		contacts occur under conditions of separation of
425	2212		juveniles and adults can serve both.
426		-
427	2213		2. Nothing in this section shall preclude a child who is
428	2214		detained for the commission of a crime that would constitute a
429	2215		felony if committed by an adult, or a child who is an escapee from a
430	2216		juvenile secure facility or from an Office of Juvenile Affairs group
431	2217		home from being held in any jail certified by the State Department
432	2218		of Health, police station or similar law enforcement offices for up
433	2219		to six (6) hours for purposes of identification, processing or
434	2220		arranging for transfer to a secure detention or alternative to
435	2221		secure detention. Such holding shall be limited to the absolute
436	2222		minimum time necessary to complete these actions.
437		-
438	2223		a. The time limitations for holding a child in a jail for
439	2224		the purposes of identification, processing or
440	2225		arranging transfer established by this section shall
441	2226		not include the actual travel time required for
442	2227		transporting a child from a jail to a juvenile
443	2228		detention facility or alt ernative to secure detention.
444		-
445	2229		b. Whenever the time limitations established by this
446	2230		subsection are exceeded, this circumstance shall not
447	2231		constitute a defense in a subsequent delinquency or
448	2232		criminal proceeding.
449		-	ENR. H. B. NO. 2311 Page 11
450	2233		3. Nothing in this section shall preclude deta ining in a county
451	2234		jail or other adult detention facility an eighteen -year-old charged
	2235	+
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	2260	+
452	2261		in a juvenile petition for whom certification to stand trial as an
453	2262		adult is prayed. However, if no certification motion is filed, the
454	2263		eighteen-year-old may remain in a j uvenile detention facility as
455	2264		long as secure detention is required.
456		-
457	2265		4. Nothing in this section shall preclude detaining in a county
458	2266		jail or other adult detention facility a person provided for in
459	2267		Section 2-3-102 of this title if written or electronically
460	2268		transmitted confirmation is received from the state seeking return
461	2269		of the individual that the person is a person provided for in
462	2270		Section 2-3-102 of this title and if, during the time of detention,
463	2271		the person is detained in a facility meeting the requiremen ts of
464	2272		Section 2-3-103 of this title.
465		-
466	2273		5. Nothing in this section shall preclude detaining a person,
467	2274		whose age is not immediately ascertainable and who is being detained
468	2275		for the commission of a felony, in a jail certified by the State
469	2276		Department of Health, a police station or similar law enforcement
470	2277		office for up to twenty -four (24) hours for the purpose of
471	2278		determining whether or not the person is a child, if:
472		-
473	2279		a. there is a reasonable belief that the person is
474	2280		eighteen (18) years of age or older,
475		-
476	2281		b. there is a reasonable belief that a felony has been
477	2282		committed by the person,
	2283	+
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478	2308
479	2309		c. a court order for such detention is obtained from a
480	2310		judge of the district court within six (6) hours of
481	2311		initially detaining the person,
482		-
483	2312		d. there is no juvenile detention facility that has space
484	2313		available for the person and that is within thirty
485	2314		(30) miles of the jail, police station, or law
486	2315		enforcement office in which the person is to be
487	2316		detained, and
488		-
489	2317		e. during the time of detention the person is detained in
490	2318		a facility meeting the requi rements of subparagraph g
491	2319		b of paragraph 1 of this subsection.
492		-	ENR. H. B. NO. 2311 Page 12
493	2320		The time limitation provided for in this paragraph shall include the
494	2321		time the person is detained prior to the issuance of the court
495	2322		order.
496		-
497	2323		The time limitation provided for in this paragraph sha ll not include
498	2324		the actual travel time required for transporting the person to the
499	2325		jail, police station, or similar law enforcement office. If the
500	2326		time limitation established by this paragraph is exceeded, this
501	2327		circumstance shall not constitute a defense i n any subsequent
502	2328		delinquency or criminal proceeding.
503		-
504	2329		F. H. Nothing contained in this section shall in any way reduce
505	2330		or eliminate the liability of a county as otherwise provided by law
506	2331		for injury or damages resulting from the placement of a child in a
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507	2358		an adult jail, adult lockup, or other adult detention facility or
508	2359		other adult facility.
509		-
510	2360		G. I. Any juvenile detention facility shall be available for
511	2361		use by any eligible Indian child as that term is defined by the
512	2362		Oklahoma Indian Child Welfare Act, providing that the use of the
513	2363		juvenile detention facility meets the requirements of the Oklahoma
514	2364		Juvenile Code. The Indian tribe may contract with any juvenile
515	2365		detention facility for the providing of detention services.
516		-
517	2366		H. J. Each member of the staff of a juvenile detention facility
518	2367		shall satisfactorily complete a training program provided or
519	2368		approved by the Office of Juvenile Affairs.
520		-
521	2369		I. K. Whenever a juvenile is placed in any adult jail, adult
522	2370		lockup, or other adult detention facility or other adult facility,
523	2371		the Office of Juvenile Affairs shall have access to all facilities
524	2372		which detain such juveniles and shall have access to any data
525	2373		regarding such juveniles. The Office of Juvenile Affairs shall have
526	2374		access to all adult jails, adult lockups, adult detention facilities
527	2375		or other adult facilities in this state, including all data
528	2376		maintained by such facilities, to assure compliance with this
529	2377		section. The Board of Juvenile Affairs shall promulgate rules as
530	2378		necessary to implement the provisions of this section.
531		-
532		-	SECTION 3. AMENDATORY 10A O.S. 2011, Section 2 -5-204, as
	2379	+	SECTION 8. AMENDATORY 10A O.S. 2011, Section 2 -5-204, as
533	2380		amended by Section 4, Chapter 155, O.S.L. 2018 (10A O.S. Supp. 20 20,
534	2381		Section 2-5-204), is amended to read as follows:
535	2382
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536	2408		Section 2-5-204. A. A child who is arrested for an offens e
537		-	pursuant to subsection A or B of Section 2 -5-206 of this title, or ~~ENR. H. B. NO. 2311 Page 13~~
	2409	+	pursuant to subsection A or B of Section 2 -5-206 of this title, or
538	2410		who is certified as a youthful offender pursuant to Section 2 -5-205
539	2411		of this title, shall be charged by information in the same manner as
540	2412		provided for adults.
541		-
542	2413		B. If the child is not other wise represented by counsel and
543	2414		requests an attorney prior to or during interrogation, or whenever
544	2415		charged by information, as provided in subsection A of this section,
545	2416		the court shall appoint an attorney, who shall not be a district
546	2417		attorney, for the child regardless of any attempted waiver by the
547	2418		parent, legal guardian, or other legal custodian of the child of the
548	2419		right of the child to be represented by counsel. Counsel shall be
549	2420		appointed by the court only upon determination by the court that the
550	2421		parent, legal guardian or legal custodian is found to be indigent.
551		-
552	2422		C. When a person is certified to stand trial as an adult or a
553	2423		youthful offender as provided by the Youthful Offender Act, the
554	2424		accused person shall have all the statutory and constitutional
555	2425		rights and protections of an adult accused of a crime. All
556	2426		proceedings shall be as for a criminal action and the provisions of
557	2427		Title 22 of the Oklahoma Statutes shall apply, except as provided
558	2428		for in the Youthful Offender Act.
559		-
560	2429		D. All youthful offender court rec ords for a person who is
561	2430		certified to stand trial as an adult or youthful offender shall be
562	2431		considered adult records and shall not be subject to the provisions
	2432	+
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563	2458		of Chapter 6 of the Oklahoma Juvenile Code; provided, however, all
564	2459		reports, evaluations, motions , records, exhibits or documents
565	2460		regarding the educational history, mental health or medical
566	2461		treatment or condition of the offender that are submitted to the
567	2462		court or admitted into evidence during the hearing on the motion for
568	2463		certification as a youthful o ffender to the juvenile system or
569	2464		motion for imposition of an adult sentence shall be confidential and
570	2465		shall be filed or admitted under seal, except that such records
571	2466		shall be provided to the Office of Juvenile Affairs. Any testimony
572	2467		regarding the reports , evaluations, motions, records, exhibits or
573	2468		documents shall be given in camera and shall not be open to the
574	2469		general public; provided, all persons having a direct interest in
575	2470		the case as provided in paragraph 1 of subsection A of Section 2 -2-
576	2471		402 of this title shall be allowed to be present during the
577	2472		testimony but shall be admonished not to discuss the testimony
578	2473		following the hearing. All reports, evaluations, motions, records,
579	2474		exhibits or documents shall be released from under seal by order of
580	2475		the court if the youthful offender is sentenced to the custody or
581	2476		supervision of the Department of Corrections by the court pursuant
582		-	to paragraph 1 of subsection B of Section 2 -5-209 or paragraph 5 of ~~ENR. H. B. NO. 2311 Page 14~~
	2477	+	to paragraph 1 of subsection B of Section 2 -5-209 or paragraph 5 of
583	2478		subsection B of Section 2 -5-210 of this title or if the juvenile o r
584	2479		youthful offender is later charged as an adult with a felony crime.
585		-
586	2480		E. Proceedings against a youthful offender shall be heard by
587	2481		any judge of the district court.
	2482	+
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588	2507
589	2508		F. Upon arrest and detention of a person subject to the
590	2509		provisions of Section 2 -5-205 or 2-5-206 of this title, the person
591	2510		has the same right to be released on bail as would an adult in the
592	2511		same circumstances and, if detained, may be detained in a county
593	2512		jail if separated by sight and sound from the adult population as
594	2513		otherwise authorized by l aw. If no such county jail is available,
595	2514		then such person may be detained at a juvenile detention facility.
596	2515		The sheriff, chief of police, or juvenile or adult detention
597	2516		facility operator shall forthwith notify the Office of Juvenile
598	2517		Affairs of any such a rrest and detention.
599		-
600	2518		G. Upon certification for the imposition of an adult sentence,
601	2519		a verdict of guilty or entry of a plea of guilty or nolo contendere
602	2520		by a youthful offender who has been certified for the imposition of
603	2521		an adult sentence as provided by Se ction 2—5-208 of this title, the
604	2522		person may be detained as an adult and, if incarcerated, may be
605	2523		incarcerated with the adult population in an adult jail, adult
606	2524		lockup, adult detention facility or other adult facility if that
607		-	facility is licensed by the ~~State Department~~ of ~~Health~~ to detain
	2525	+	facility is licensed by the Off ice of Juvenile Affairs to detain
608	2526		children under eighteen (18) years of age while the person is
609	2527		awaiting housing by the Department of Corrections .
610		-
611	2528		H. A child or youthful offender shall be tried as an adult in
612	2529		all subsequent criminal prosecutions, and shal l not be subject to
613	2530		the jurisdiction of the juvenile court as a juvenile delinquent or
614	2531		youthful offender processes in any further proceedings if:
	2532	+
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615	2557
616	2558		1. The child or youthful offender has been certified to stand
617	2559		trial as an adult pursuant to any certification procedure provided
618	2560		by law and is subsequently convicted of the alleged offense or
619	2561		against whom the imposition of judgment and sentence has been
620	2562		deferred; or
621		-
622	2563		2. The youthful offender has been certified for the imposition
623	2564		of an adult sentence as provided b y Section 2-5-208 of this title
624	2565		and is subsequently convicted of the alleged offense or against whom
625	2566		the imposition of judgment and sentencing has been deferred.
626		-	ENR. H. B. NO. 2311 Page 15
627	2567		I. Except as otherwise provided in the Youthful Offender Act, a
628	2568		person who has been certified as a youthful offender shall be
629	2569		prosecuted as a youthful offender in all subsequent criminal
630	2570		proceedings until the youthful offender has attained eighteen (18)
631	2571		years of age.
632		-
633	2572		All proceedings for the commission of a crime committed after a
634	2573		youthful offender has reached eighteen (18) years of age shall be
635	2574		adult proceedings.
636		-
637		-	SECTION 4. AMENDATORY 10A O.S. 2011, Section 2 -5-209, as
	2575	+	SECTION 9. AMENDATORY 10A O.S. 2011, Section 2 -5-209, as
638	2576		amended by Section 9, Chapter 155, O.S.L. 2018 (10A O.S. Supp. 20 20,
639	2577		Section 2-5-209), is amended to read as follows:
640		-
641	2578		Section 2-5-209. A. Upon a verdict of guilty or a plea of
642	2579		guilty or nolo contendere of a youthful offender and prior to the
643	2580		imposition of a youthful offender sentence by the court:
	2581	+
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644	2606
645	2607		1. A youthful offender presentence investigation shall be
646	2608		conducted unless waived by the youthful offender with approval of
647	2609		the court or unless an investigation is conducted pursuant to
648	2610		subsection C of Section 2 -5-208 of this title. All reports,
649	2611		evaluations, motions, records, exhibits or documents regarding the
650	2612		educational history, mental health or medical treatment or condition
651	2613		of the offender that are submitted to the court or admitted into
652	2614		evidence during the hearing on the motion for certification of the
653	2615		accused youthful offender to the juvenile system or moti on for
654	2616		imposition of an adult sentence are confidential and shall be filed
655	2617		or admitted under seal, except that such records shall be provided
656	2618		to the Office of Juvenile Affairs. Any testimony regarding the
657	2619		reports, evaluations, motions, records, exhibits o r documents shall
658	2620		be given in camera and shall not be open to the general public;
659	2621		provided, all persons having a direct interest in the case as
660	2622		provided in paragraph 1 of subsection A of Section 2 -2-402 of this
661	2623		title shall be allowed to be present during t he testimony but shall
662	2624		be admonished not to discuss the testimony following the hearing.
663	2625		All reports, evaluations, motions, records, exhibits or documents
664	2626		shall be released from under seal by order of the court if the
665	2627		youthful offender is sentenced to the custody or supervision of the
666	2628		Department of Corrections by the court pursuant to paragraph 1 of
667	2629		subsection B of Section 2-5-209 this section or paragraph 5 of
668	2630		subsection B of Section 2 -5-210 of this title or if the juvenile or
	2631	+
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669	2657		youthful offender is later c harged as an adult with a felony crime.
670	2658		Any presentence investigation required by this section shall be
671		-	conducted by the Office of Juvenile Affairs; and ENR. H. B. NO. 2311 Page 16
672		-
	2659	+	conducted by the Office of Juvenile Affairs; and
673	2660		2. The court shall conduct a hearing and shall consider, with
674	2661		the greatest weight given to subparagra phs a, b and c:
675		-
676	2662		a. whether the offense was committed in an aggressive,
677	2663		violent, premeditated or willful manner,
678		-
679	2664		b. whether the offense was against persons and, if
680	2665		personal injury resulted, the degree of personal
681	2666		injury,
682		-
683	2667		c. the record and past history of th e person, including
684	2668		previous contacts with law enforcement agencies and
685	2669		juvenile or criminal courts, prior periods of
686	2670		probation and commitments to juvenile institutions,
687		-
688	2671		d. the sophistication and maturity of the person and the
689	2672		capability of distinguishing right from wrong as
690	2673		determined by consideration of the psychological
691	2674		evaluation, home, environmental situation, emotional
692	2675		attitude and pattern of living of the person,
693		-
694	2676		e. the prospects for adequate protection of the public if
695	2677		the person is processed throug h the youthful offender
696	2678		system or the juvenile system,
697		-
698	2679		f. the reasonable likelihood of rehabilitation of the
699	2680		person if found to have committed the offense, by the
	2681	+
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700	2707		use of procedures and facilities currently available
701	2708		to the juvenile, and
702		-
703	2709		g. whether the offense occurred while the person was
704	2710		escaping or on escape status from an institution for
705	2711		youthful offenders or delinquent children.
706		-
707	2712		B. 1. After the hearing and consideration of the report of the
708	2713		presentence investigation, the court shall impose sentence as a
709	2714		youthful offender, and such youthful offender shall be subject to
710	2715		the same type of sentencing procedures and duration of sentence,
711	2716		except for capital offenses, including suspension or deferment, as
712	2717		an adult convicted of a felony offense, except that any sentence
713	2718		imposed upon the youthful offender shall be served in the custody or
714	2719		under the supervision of the Office of Juvenile Affairs until the
715	2720		expiration of the sentence, the youthful offender is discharged, or
716		-	the youthful offender reaches eighteen (18) years of age, whichever ~~ENR. H. B. NO. 2311 Page 17~~
	2721	+	the youthful offender reaches eighteen (18) years of age, whichever
717	2722		first occurs. If an individual sentenced as a youthful offender
718	2723		attains eighteen (18) years of age prior to the expiration of the
719	2724		sentence, such individual shall be returned to the sentencing court.
720	2725		At that time, the sentencing c ourt shall make one of the following
721	2726		determinations:
722		-
723	2727		a. whether the youthful offender shall be returned to the
724	2728		Office of Juvenile Affairs to complete a treatment
725	2729		program, provided that the treatment program shall not
726	2730		exceed the youthful offender's attainme nt of eighteen
	2731	+
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727	2757		(18) years and six (6) months of age. At the
728	2758		conclusion of the treatment program, the individual
729	2759		shall be returned to the sentencing court for a
730	2760		determination under subparagraph b, c or d of this
731	2761		paragraph,
732		-
733	2762		b. whether the youthful offender shall be placed in the
734	2763		custody of the Department of Corrections,
735		-
736	2764		c. whether the youthful offender shall be placed on
737	2765		probation with the Department of Corrections, or
738		-
739	2766		d. whether the youthful offender shall be discharged from
740	2767		custody.
741		-
742	2768		2. The sentence impose d shall not exceed the maximum sentence
743	2769		already imposed in the originating sentence.
744		-
745	2770		3. Upon the youthful offender attaining the age of eighteen
746	2771		(18) years and six (6) months, the Office of Juvenile Affairs may
747	2772		recommend that the youthful offender be retu rned to the custody or
748	2773		supervision of the Office of Juvenile Affairs until the age of
749	2774		nineteen (19) years to complete the reintegration phase of the
750	2775		treatment program or community supervision as determined by the
751	2776		Office of Juvenile Affairs. During any per iod of extension, a
752	2777		youthful offender may be transferred to the Department of
753	2778		Corrections as provided in paragraph 5 of subsection B of Section 2 -
754	2779		5-210 of this title, whether the youthful offender is placed in an
755	2780		out-of-home placement or in the community.
756	2781
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757	2807		4. If the court has extended jurisdiction of the youthful
758	2808		offender until nineteen (19) years of age, the youthful offender
759	2809		shall remain in custody or under the supervision of the Office of
760	2810		Juvenile Affairs until the youthful offender has been discharged o r
761		-	sentenced by the court or until the youthful offender' s nineteenth ~~ENR. H. B. NO. 2311 Page 18~~
	2811	+	sentenced by the court or until the youthful offender's nineteenth
762	2812		birthday, at which time the youthful offender shall be returned to
763	2813		the court for final disposition of the youthful offender's case.
764	2814		The court shall have the same dispositional options as provided in
765	2815		subparagraphs b, c and d of paragraph 1 of this subsection.
766		-
767	2816		5. Any period of probation required by the sentencing court to
768	2817		be served shall be supervised by:
769		-
770	2818		a. the Office of Juvenile Affairs or designated
771	2819		representative, if the youthful offen der is under
772	2820		eighteen (18) years of age, or
773		-
774	2821		b. the Department of Corrections or designated
775	2822		representative, upon the youthful offender attaining
776	2823		eighteen (18) years of age.
777		-
778	2824		6. In addition to or in lieu of the placement of the youthful
779	2825		offender in the custo dy of or under the supervision of the Office of
780	2826		Juvenile Affairs, the court may issue orders with regard to the
781	2827		youthful offender as provided by law for the disposition of an
782	2828		adjudicated juvenile delinquent as long as the age of the youthful
783	2829		offender does not exceed nineteen (19) years.
784	2830
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	2846	+	16
	2847	+	17
	2848	+	18
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	2850	+	20
	2851	+	21
	2852	+	22
	2853	+	23
	2854	+	24
	2855	+
785	2856		7. It is the intent of the Oklahoma Legislature that youthful
786	2857		offenders be held insofar as is practical separate from the juvenile
787	2858		delinquent population.
788		-
789	2859		8. The Office of Juvenile Affairs may make recommendations to
790	2860		the court concerning the disposition of the youthful offender.
791		-
792	2861		9. Any order issued by the sentencing court under this
793	2862		subsection shall be a final order, appealable when entered.
794		-
795	2863		C. A youthful offender who is seventeen (17) or eighteen (18)
796	2864		years of age or olde r and who has been sentenced to the custody of
797	2865		the Office of Juvenile Affairs may be detained in a county jail
798	2866		pending placement in an Office of Juvenile Affairs facility ,
799	2867		provided the county jail meets the jail standards promulgated by the
800	2868		State Department of Health for juvenile offenders. The youthful
801	2869		offender who is eighteen (18) years of age or older and may be held
802	2870		in the general population of the county jail.
803		-
804		-	SECTION 5. This act shall become effective November 1, 2021.
805		-
806		-	ENR. H. B. NO. 2311 Page 19
807		-
808		-	Passed the House of Representatives the 3rd day of May, 2021.
	2871	+	SECTION 10. This act shall become effective November 1, 202 1.
	2872	+
	2873	+	ENGR. H. B. NO. 2311 Page 29 1
	2874	+	2
	2875	+	3
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	2892	+	20
	2893	+	21
	2894	+	22
	2895	+	23
	2896	+	24
	2897	+
	2898	+	Passed the House of Representatives the 1st day of March, 2021.
809	2899
810	2900
811	2901
812	2902
813	2903		Presiding Officer of the House
814	2904		of Representatives
815	2905
816	2906
817		-	Passed the Senate the ~~19th~~ day of ~~April~~, 2021.
	2907	+	Passed the Senate the ___ day of __________, 2021.
818	2908
819	2909
820	2910
821	2911
822	2912		Presiding Officer of the Senate
823	2913
824		-
825		-	OFFICE OF THE GOVERNOR
826		-	Received by the Office of the Governor this ____________________
827		-	day of ___________________, 20_______, at _______ o'clock _______ M.
828		-	By: _________________________________
829		-	Approved by the Governor of the State of Oklahoma this _________
830		-	day of ___________________, 20_______, at _______ o'clock _______ M.
831		-
832		-
833		-	_________________________________
834		-	Governor of the State of Oklahoma
835		-
836		-	OFFICE OF THE SECRETARY OF STATE
837		-	Received by the Office of the Secretary of State this __________
838		-	day of ___________________, 20_______, at _______ o'clock _______ M.
839		-	By: _________________________________