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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
SENATE BILL 1593 By: Brooks
AS INTRODUCED
An Act relating to the Oklahoma Juvenile Code ;
amending 10A O.S. 2021, Section 2 -7-504, which
relates to the retention of custody, jurisdiction,
and the discharge of delinquent children; increasing
the age for which the Office of J uvenile Affairs may
retain custody of delinquent children; and providing
an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 10A O.S. 2021, Section 2 -7-504, is
amended to read as follows:
Section 2-7-504. A. Except as otherwise provided by law, all
children adjudicated delinquent an d committed to the Office of
Juvenile Affairs shal l be discharged at such t ime as the Office
determines there is a reas onable probability that it is no longer
necessary, either for the rehab ilitation and treatment of the child,
or for the protection of the public, that the Office retain legal
custody. Following a hearing, the co urt may also order that a child
adjudged delinquent and committed to the Office shall be discharged
by the Office provided the child is on parole status and the court
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deems the discharge in the best interest of the child and public .
The Office shall give a fifteen-day notice to the court and the
district attorney before discharging from legal custody any child
committed and confined in a secure facility.
B. Except as otherwise prov ided by law, all children adjudged
delinquent and committed to the Office o f Juvenile Affairs and not
discharged under subsection A of this section shall be discharged
when the child becomes eighteen (18) years of age, unless the Office
is authorized by the court to retain custody of the child until
nineteen (19) twenty (20) years of age. Upon the court’s own motion
or motion of the Office or the district attorney, which must be
filed prior to the date the child becomes eighteen (18) years of
age, the court, after notice to the delinquent child and to the
parents and attorney of the child, may authorize the Office to
retain custody of the child until the child reaches nineteen (19)
twenty (20) years of age in order for the child to complete the
previously adopted plan of rehabilitation or achieve reasonabl e
treatment objectives. If the court sustains a motion to retain
custody, the delinquent child during the extended period shall be
considered as a child for purposes of receiving services from the
Office and for the purposes of secure detention. If a chi ld is in a
juvenile detention facility pending pl acement and the cour t has
ordered or the Office has requested that the Office retain custod y
of the child until the child reaches nineteen (19) twenty (20) years
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of age, the Office shall notify the juvenile detention facility at
least five (5) days prior to the child ’s eighteenth birthday that
the child will be remaining in the juvenile detentio n facility
pending placement. If a criminal offense is committed by the
individual during the extended period, the offense shall be
considered as having been committed by an ad ult. Except to the
extent necessary to effectuate the purposes of this section , an
individual after age eighteen (18) years is considered an adu lt for
purposes of other applicable law.
C. The Office of Juvenile Affairs shall not place a child under
ten (10) years of age in an institution maintained for delinquent
children.
D. The court may retain jurisdiction over a child adjudged
delinquent beyond the age of eighteen (18) years to the extent
necessary for the child to complete payment of court costs. T he
court may institute contempt proceedings pursuant to Sections 565
through 567 of Title 21 of the Oklahoma Statutes against any person
adjudged delinquent and ordered to pay court costs who neg lects or
refuses to pay such court costs. Any child referred to in this
subsection over whom the court retains jurisdiction solely for
payment of court costs shall not be considered to be in the custody
of or under the supervision of the Office of Juvenil e Affairs.
E. Following a hearing, the court may order that any child
shall be discharged by the Office of Juvenile Affairs provided the
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child is on parole status and the court deems the discharge in the
best interest of the child and public. The Office of Juvenile
Affairs shall give a fifteen -day notice to the di strict attorney
before discharging from legal custody any child committed and
confined in a secure facility.
SECTION 2. This act shall become effective November 1, 2022.
58-2-2509 PW 1/20/2022 1:39:24 PM