Oklahoma 2022 Regular Session

Oklahoma Senate Bill SB217 Compare Versions

Version 1 (Old)

Version 2 (New)

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3		-
4		-	An Act
5		-	ENROLLED SENATE
6		-	BILL NO. 217 By: Howard of the Senate
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	28	+	ENGROSSED HOUSE AMENDME NT
	29	+	TO
	30	+	ENGROSSED SENATE BILL NO . 217 By: Howard of the Senate
7	31
8	32		and
9	33
10		-	~~Martinez and Roberts~~
11		-	~~(Dustin) of the House~~
	34	+	Moore of the House
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13	37
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16	40		An Act relating to the Oklahoma Juvenile Code ;
17	41		amending 10A O.S. 2021, Sections 2 -5-201, 2-5-202, 2-
18	42		5-203, 2-5-204, and 2-5-205, which relate to the
19	43		Youthful Offender Act; removing obsolete
20	44		implementation date; modifying definitions; stating
21	45		legislative intent; prohibiting requirement for
22	46		disclosure of certain i nformation; providing
23	47		exception; requiring d istrict attorney to provide
24	48		certain information to the Office of Juvenile Affairs
25	49		for certification study; requiring person to be
26	50		charged or prosecuted as an adult under certain
27	51		circumstances; modifying requirements and procedures
28	52		for charging as a juvenil e delinquent; modifying
29	53		requirements and procedures for c harging as a
30	54		youthful offender or adult; m odifying procedures for
31	55		appointment of counsel; specifying eligibility for
32	56		youthful offender statu s upon commission of certain
33	57		crimes; specifying procedures for charging person as
34	58		youthful offender or as an adult; establishing
35	59		certain presumption; a llowing waiver of certain
36	60		preliminary hearing within specified time period;
37	61		prohibiting adult sentence under certain
38	62		circumstances; providing for waiver of certain right
39	63		under certain circumstances; modifying procedures f or
40	64		certification as a juvenile; establishing procedures
41	65		for motions for certification as a juveni le;
42	66		requiring certification study; al lowing waiver of
43	67		certain study; authorizing fee for completion of
44	68		certain study; requiring court to consider certain
45	69		guidelines; requiring written order for decision on
46	70		certain motion; authorizing appeal of certain order
47		-
48		-	ENR. S. B. NO. 217 Page 2
49	71		to the Court of Criminal Appeals; prohibiting review
50	72		by trial court of certain certification order;
51	73		establishing procedures for motions for imposition of
52	74		adult sentence; requiring certification study ;
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53	101		allowing waiver of certain study; authorizing fee for
54	102		completion of certain study; requiring court to
55	103		consider certain guidelines; specifying burden of
56	104		proof for establishing eligibility for imposition of
57	105		adult sentence; requiring written order for decis ion
58	106		on certain motion; authorizing appeal of certain
59	107		order to the Court of Criminal Appeals; prohibiting
60	108		review by trial court of certain order; esta blishing
61	109		requirements for imposition of sentence for youthful
62	110		offender; specifying placement option s for youthful
63	111		offender; prohibiting certain sentence from exceeding
64	112		maximum term; requiring certain filing; requiring
65	113		rehabilitation plan upon certai n placement;
66	114		specifying required contents of rehabilitation plan;
67	115		establishing procedures for certain review heari ngs;
68	116		requiring certain notice; authorizing certain actions
69	117		by the court at certain review hearin gs; requiring
70	118		certain hearing prior to eighteenth birthday o f
71	119		youthful offender; requiring court to make certain
72	120		determinations; authorizing extension of jurisdiction
73	121		under certain circumstances; providing for final
74	122		disposition of youthful off ender; authorizing appeal
75	123		of certain order to the Court of Criminal Appea ls;
76	124		defining terms; establishing procedures for transfer
77	125		of youthful offender to the custody of the Department
78	126		of Corrections; specifying burden of proof for
79	127		certain finding; requiring written order for certain
80	128		transfer; requiring certain transfer order to be
81	129		recorded as an adult conviction ; requiring court to
82	130		provide certain information to Department of
83	131		Corrections upon transfer of custody of a youthful
84	132		offender; providing for application of certain
85	133		credits; establishing procedures for certain
86	134		expungement; defining term; amending 10 A O.S. 2021,
87	135		Sections 2-5-212 and 2-5-213, which relate to the
88	136		Youthful Offender Act; clarifying authori ty of the
89	137		Office of Juvenile Affairs for custody of youthful
90	138		offender; clarifying authority of court for certain
91		-
92		-	ENR. S. B. NO. 217 Page 3
93	139		reintegration; conforming language for certain
94	140		adjudications; modifying statutory references;
95	141		repealing 10A O.S. 2021, Sections 2-5-206, 2-5-207,
96	142		2-5-208, 2-5-209, and 2-5-210, which relate to the
97	143		Youthful Offender Act; providing for codification;
98	144		and providing an effective date.
99	145
100	146
101	147
102	148
103		-	SUBJECT: Youthful Offender Act
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	174	+	AUTHOR: Remove as principal House author Moore and substitute as
	175	+	principal House author Martinez
	176	+
	177	+
	178	+	AMENDMENT NO. 1. Strike the title, enacting clause, and entire bill
	179	+	and insert:
	180	+
	181	+
	182	+	"An Act relating to the Oklahoma Juvenile Code ;
	183	+	amending 10A O.S. 2021, Sections 2-5-201, 2-5-202,
	184	+	2-5-203, 2-5-204, and 2-5-205, which relate to the
	185	+	Youthful Offender Act; removing obsolete
	186	+	implementation date; modifying definitions; stating
	187	+	legislative intent; prohibiting requirement for
	188	+	disclosure of certain i nformation; providing
	189	+	exception; requiring district attorney to provide
	190	+	certain information to the Office of Juvenile
	191	+	Affairs for certification study; requiring person to
	192	+	be charged or prosecuted as an adult under certain
	193	+	circumstances; modifying requirements and procedures
	194	+	for charging as a juvenile delinquent; modifying
	195	+	requirements and procedures for c harging as a
	196	+	youthful offender or adult; modifying procedures for
	197	+	appointment of counsel; specifying eligibility for
	198	+	youthful offender statu s upon commission of certain
	199	+	crimes; specifying procedures for charging person as
	200	+	youthful offender or as an adult; establishing
	201	+	certain presumption; allowing waiver of certain
	202	+	preliminary hearing within specified time period;
	203	+	prohibiting adult sentence under certain
	204	+	circumstances; providing for waiver of certain right
	205	+	under certain circumstances; modifying procedures
	206	+	for certification as a juvenile; establishing
	207	+	procedures for motion s for certification as a
	208	+	juvenile; requiring certification study; al lowing
	209	+	waiver of certain study; authorizing fee for
	210	+	completion of certain study; requiring court to
	211	+	consider certain gui delines; requiring written order
	212	+	for decision on certain motion; authorizing appeal
	213	+	of certain order to the Court of Criminal Appeals;
	214	+	prohibiting review by trial court of certain
	215	+	certification order; establishing procedures for
	216	+	motions for imposition of adult sentence; requiring
	217	+	certification study; allowing waiver of certain
	218	+	study; authorizing fee for completion of certain
	219	+	study; requiring court to consider certain
	220	+	guidelines; specifying burden of proof for
	221	+
	222	+	ENGR. H. A. to ENGR. S. B. NO. 217 Page 4 1
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	247	+	establishing eligibility for impos ition of adult
	248	+	sentence; requiring written orde r for decision on
	249	+	certain motion; authorizing appeal of certain order
	250	+	to the Court of Criminal Appeals; prohibiting review
	251	+	by trial court of certain order; es tablishing
	252	+	requirements for imposition of sentence for youthful
	253	+	offender; specifying placement opt ions for youthful
	254	+	offender; prohibiting certain sentence from
	255	+	exceeding maximum term; requiring certain filing;
	256	+	requiring rehabilitation plan upon certai n
	257	+	placement; specifying required contents of
	258	+	rehabilitation plan; establishing procedures for
	259	+	certain review hearings; requiring certain notice;
	260	+	authorizing certain actions by the court at certain
	261	+	review hearings; requiring certain hearing prior to
	262	+	eighteenth birthday of youthful offender; requiring
	263	+	court to make certain determinations; authorizing
	264	+	extension of jurisdiction under certain
	265	+	circumstances; providing for final disposition of
	266	+	youthful offender; authorizing appeal of certain
	267	+	order to the Court of Crimi nal Appeals; defining
	268	+	terms; establishing procedures for transfer o f
	269	+	youthful offender to the cust ody of the Department
	270	+	of Corrections; specifying burden of proof for
	271	+	certain finding; requiring written order for certain
	272	+	transfer; requiring certain transfer order to be
	273	+	recorded as an adult conviction; requiring court to
	274	+	provide certain information to De partment of
	275	+	Corrections upon transfer of custody of a youthful
	276	+	offender; providing for application of certain
	277	+	credits; establishing procedures for certain
	278	+	expungement; defining term; amending 10 A O.S. 2021,
	279	+	Sections 2-5-212 and 2-5-213, which relate to the
	280	+	Youthful Offender Act; clarifying authori ty of the
	281	+	Office of Juvenile Affairs for custody of youthful
	282	+	offender; clarifying authority of court for certain
	283	+	reintegration; conforming language for certain
	284	+	adjudications; modifying statutory references;
	285	+	directing certain public official to appear at
	286	+	commutation hearings ; requiring signature on certain
	287	+	documents and meetin gs with victims or
	288	+	representative of victims; prohibiting submission of
	289	+	certain recommendati ons; repealing 10A O.S. 2021,
	290	+	Sections 2-5-206, 2-5-207, 2-5-208, 2-5-209, and 2-
	291	+	5-210, which relate to the Youthful Offender Act;
	292	+	providing for codification; and pro viding an
	293	+	effective date.
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104	319
105	320		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
106		-
107	321		SECTION 1. AMENDATORY 10A O.S. 2021, Section 2-5-201, is
108	322		amended to read as follows:
109		-
110	323		Section 2-5-201. Sections 2-5-201 through 2-5-213 of this title
111	324		shall be known and may be cited as the "Youthful Offender Act". The
112	325		Youthful Offender Act shall be implemented beginning January 1,
113	326		1998.
114		-
115	327		SECTION 2. AMENDATORY 10A O.S. 2021, Section 2 -5-202, is
116	328		amended to read as follows:
117		-
118	329		Section 2-5-202. A. For the purposes of the You thful Offender
119	330		Act:
120		-
121	331		1. "Youthful offender" means a person:
122		-
123	332		a. thirteen (13) or fourteen (14) years of age who is
124	333		charged with murder in the first degree and cert ified
125	334		as a youthful offender as provided by Section 2 -5-205
126	335		of this title,
127		-
128	336		b. fifteen (15), sixteen (16), or seventeen (17) years of
129	337		age and charged with a crime l isted in subsection A C
130	338		of Section 2-5-206 2-5-205 of this title, and
131		-
132	339		c. sixteen (16) or seventeen (17 ) years of age and
133	340		charged with a crime listed i n subsection B E of
134	341		Section 2-5-206 2-5-205 of this title,
135		-
136		-	ENR. S. B. NO. 217 Page 4
137		-
138	342		if the offense was committed on or after January 1, 1998 November 1,
139	343		2022; provided, the state shall not base the timing of the filing of
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140	370		any charges solely on the applicability of the Youthful Offender
141	371		Act;
142		-
143	372		2. "Sentenced as a youthf ul offender" means the imposition of a
144	373		court order making disposition of a youthful offender a s provided by
145	374		Section 2-5-209 of this title which shall constitute an adult
146	375		criminal sentence if the youthful offender is tra nsferred to the
147	376		custody or supervisio n of the Department of Corrections; and
148		-
149	377		3. "Next friend" means an individual or executive of an
150	378		organization who has assumed a parental role without formal legal
151	379		proceedings, but to all objective observers is readily i dentified as
152	380		custodian or guardian in fact;
153		-
154	381		4. "Certification as an adult" means a person for whom the
155	382		court has granted a motion for the imposition of an adult s entence
156	383		pursuant to subsection C of Section 7 of this act;
157		-
158	384		5. "Certification as a ju venile" means a person for whom the
159	385		court has granted a motion for certification as a juvenile pursuant
160	386		to subsection B of Section 6 of this act;
161		-
162	387		6. "Certification study" means a report prepared for the court
163	388		by the Office of Juvenile Affairs that includes but is not limited
164	389		to information related t o the circumstances of an offense, any
165	390		injury that may have occurre d, the history of the perso n in the
166	391		juvenile justice system, and a psychological evaluation. Such study
167	392		shall address the guidelines established in subsection B of Section
168	393		6 of this act; and
169	394
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170	420		7. "Juvenile delinquent" means a person who is accused of
171	421		committing an act which could be prosecuted under subsection A, B,
172	422		C, D, or E of Section 2-5-205 of this title and against whom the
173	423		district attorney has cho sen to file a petition alleging the p erson
174	424		as delinquent.
175		-
176	425		B. It is the purpose of the Youthful Offender A ct to better
177	426		ensure the public safety by hold ing youths accountable for the
178	427		commission of serious crim es, while affording courts methods of
179		-
180		-	ENR. S. B. NO. 217 Page 5
181	428		rehabilitation for those youths the courts dete rmine, at their
182	429		discretion, may be amenable to such methods. It is t he further
183	430		purpose of the Youthful Offender Act to allow those youthful
184	431		offenders whom the courts find to be amenable to rehabilitation by
185	432		the methods prescribed in the Youthful Offender Act to be placed in
186	433		the custody or under the supervision of the Offic e of Juvenile
187	434		Affairs for the purpose of accessing the rehabilitative programs
188	435		provided by that Office .
189		-
190	436		C. It is the intent of the Legislature to ful ly utilize the
191	437		Youthful Offender Act as a means to protect the public while
192	438		rehabilitating and holding youth accountable for seriou s crimes.
193	439		The Legislature finds that eligible seventeen -year-olds should have
194	440		the opportunity to be processed as youthful of fenders as provided by
195	441		law and held accountable through the provisions of the Youthful
196	442		Offender Act for custody, institutional plac ement, supervision,
197	443		extended jurisdiction within the Office of Juvenile Affa irs (OJA),
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198	470		and the ability to transfer youthful o ffenders to the Department of
199	471		Corrections when incarceration or additional supervision is required
200	472		beyond the maximum age allowed i n the OJA. No older youth should be
201	473		deemed ineligible or d enied consideration as a youthful offender who
202	474		is otherwise lawfully eligible based upon the age of the youth being
203	475		seventeen (17) years, but it is the intent of the Legisl ature that
204	476		such youthful offender shall not remain in the custody or under the
205	477		supervision of the OJA beyond the youthful offender's maximum age of
206	478		eighteen (18) years and six (6) months or until nineteen (19) years
207	479		of age if jurisdiction has been ex tended as provided in subsectio n D
208	480		of Section 9 of this act. To deny access to an otherwise eligible
209	481		older youth without cause is to circumvent the origina l intent of
210	482		the Legislature in creati ng the Youthful Offender Act.
211		-
212	483		D. Unless otherwise provided by law, w hen a court determines
213	484		that a youthful offender has successfully completed his or her
214	485		treatment and rehabilitation plan and is discharged by the court
215	486		without a court judgment of guilt an d the case dismissed with
216	487		prejudice, the arrest or adjudication recor d does not have to be
217	488		disclosed for the purposes of employment, civil rights, or any
218	489		regulation, license, questionnaire, application, or any other public
219	490		purpose. Any prohibition regarding possession of firearms pursuant
220	491		to Section 1283 of Title 21 of the Oklahoma Statutes shall still be
221	492		applicable.
222	493
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225	519		E. In any case for which the court orders a cert ification
226	520		study, the district attorney shall provide to the Office of Juvenile
227	521		Affairs (OJA) a copy of any police report and all other relevant
228	522		documents or information in the possession of the district attorney
229	523		or any other law enforcement agenc y that has reported to the
230	524		district attorney in the case, which should be considered in
231	525		preparing the ordered report. The police reports, any report from
232	526		the Oklahoma State Bureau of Investigatio n, and any other relevant
233		-	documents or information as available, shall be provided to the OJA
	527	+	documents or information, as available, shall be provided to the OJA
234	528		within five (5) business days o f the issuance of the order.
235		-
236	529		F. In any case for which the court orders a certification
237	530		study, the attorney for the youth is ordered to provide to OJA the
238	531		names and contact information of the youth's parents, guardians, or
239	532		next friend, along with any relev ant documents or information the
240	533		youth requests OJA to consider in the preparation of the ordered
241	534		report. The names and contact information and any other documents
242	535		or information shall be provided to OJA within five (5) business
243	536		days of the issuance of th e order.
244		-
245	537		SECTION 3. AMENDATORY 10A O.S. 2021, Section 2-5-203, is
246	538		amended to read as follows:
247		-
248	539		Section 2-5-203. A. 1. A child who is charged with having
249	540		violated any a state statute or municipal ordinance other than as
250	541		provided in Sections Section 2-5-205 and 2-5-206 of this title shall
251	542		not be tried in a criminal action as a n adult or a youthful
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252	569		offender, but in a juvenile proceeding, unless previously
253	570		adjudicated as a youthful offe nder or sentenced as an adult under
254	571		the provisions of the Youthful Offender Act or certified as an adult
255	572		pursuant to Section 2-2-403 of this title.
256		-
257	573		2. However, when When multiple offenses occur within the same
258	574		course of conduct within the same county and the person is
259	575		prosecuted for at least one offense as a youthful offender or as an
260	576		adult pursuant to subsection A, B, C, D, or E of Section 2-5-205 or
261	577		2-5-206 of this title, then all the charges may be prosecuted under
262	578		the same action pursuant to the provis ions of the Youthful Offender
263	579		Act, if so ordered by the court. The decision to join the cases
264	580		shall not be appealable as a final order. If the offense or
265	581		offenses listed in subsection A, B, C, D, or E of Section 2-5-205 or
266	582		Section 2-5-206 of this title is are subsequently dismissed for any
267		-
268		-	ENR. S. B. NO. 217 Page 7
269	583		reason, or if a verdict of not guilty is returned, then any
270	584		remaining pending charges shall be transferred to the j uvenile
271	585		court.
272		-
273	586		B. If, during the pendency of a criminal or quasi-criminal
274	587		charge against any person action under the Youthful Offender Act, it
275	588		shall be ascertained that the person was a child at the time of
276	589		committing the alleged offense and had not reached the age
277	590		requirement for filing charges under subsection A, B, C, D, or E of
278	591		Section 2-5-205 of this title, the district court or municipal court
279	592		shall immediately transfer the case, together with all the papers,
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280	619		documents and testimony connected therewi th, to the juvenile
281	620		division of the district court. The division making such transfer
282	621		shall order the child to be taken forthwith to the place of
283	622		detention designated by the juvenile division, to that division
284	623		itself, or release such child to the custody of some suitable person
285	624		to be brought before the juvenile division.
286		-
287	625		C. Nothing in this section shall be construed to prevent the
288	626		exercise of concurrent jurisdiction by another division of the
289	627		district court or by municipal courts in cases involving childr en
290	628		wherein the child is charged with the violation of a state or
291	629		municipal traffic law or ordinance.
292		-
293	630		D. 1. If a person commits an act which could have been charged
294	631		under subsection A, B, C, D, or E of Section 2-5-205 of this title
295	632		but, through no fault of the state, the crime was not reported or
296	633		did not become known to the district attorney or law enforcem ent
297	634		until the person reached eighteen (18) years of age, the person
298	635		shall be held accountable for his or her act as an adult and shall
299	636		not be subject to the provision s of the Youthful Offender Act or the
300	637		provisions of the Juvenile Code for certification as a juvenile.
301		-
302	638		2. In the event a person who is charged as a youthful offender
303	639		with a crime listed in subsection A, B, C, D, or E of Section 2-5-
304	640		205 of this title willfully and purposefully avoids arrest after
305	641		reasonable attempts by law enforcement to appreh end on his or her
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306	668		warrant shall be prosecuted as an adult if apprehended after the
307	669		person turns eighteen (18) years of age.
308		-
309	670		SECTION 4. AMENDATORY 10A O.S. 2021, Section 2-5-204, is
310	671		amended to read as follows:
311		-
312		-	ENR. S. B. NO. 217 Page 8
313		-
314	672		Section 2-5-204. A. A child who is arrested for an offense
315	673		pursuant to subsection A or B of Section 2 -5-206 of this title, or
316	674		who is certified as a youthful offender p ursuant to subsection A, B,
317	675		C, D, or E of Section 2-5-205 of this title, shall may, depending on
318	676		the child's age and alleged crime, be charged by as a juvenile
319	677		delinquent, youthful offender, o r an adult. If charged as a
320	678		juvenile delinquent, a petition shall be filed. If charged as a
321	679		youthful offender or adult, an information in the same manner as
322	680		provided for adults shall be filed. At any time after the ch ild is
323	681		charged as a youthful offende r or adult, the district attorney may
324	682		dismiss the information and file a juvenile delinquent petition.
325		-
326	683		B. If the child is not otherwise represented by counsel and
327	684		either the child, his or her parent, guardian , or next friend
328	685		requests an attorney prior to or during interrogation, or whenever
329	686		upon being charged by information, as provided in subsection A of
330	687		this section, the court shall appoint an attorney, who shall not be
331	688		a district attorney, for the child regardless of any attempted
332	689		waiver by the parent, legal guardian, or other legal custodian of
333	690		the child next friend of the right of the child to be represented by
334	691		counsel. Counsel shall be appointed by If the court only upon
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335	718		determination by appoints an attorney for a child for the
336	719		interrogation or at th e initial appearance, the court that the shall
337	720		review the appointment at a subsequent hearing to determine if the
338	721		child, parent, legal guardian, or legal custodian is found to be
339	722		indigent next friend qualifies for a cour t-appointed attorney.
340		-
341	723		C. When a person is certified proceeds to stand trial as either
342	724		a youthful offender or as an adult or a youthful offender as
343	725		provided by the Youthful Off ender Act, the accused person sh all have
344	726		all the statutory and constitutional ri ghts and protections of an
345	727		adult accused of a crime. All proceedings shall be as for a
346	728		criminal action and the provisions of Title 22 of the Oklahoma
347	729		Statutes shall apply, exc ept as provided for in the Youth ful
348	730		Offender Act.
349		-
350	731		D. All youthful offender cour t records for a person who is
351	732		certified to stand trial as an adult or youthful offender shall be
352	733		considered adult records and shall not be subject to the provisions
353	734		of Chapter 6 of the Oklahoma Juvenile Code; provided, however, all
354	735		reports, evaluations, mo tions, records, exhibits or documents
355		-
356		-	ENR. S. B. NO. 217 Page 9
357	736		regarding the educational history, mental health or medical
358	737		treatment or condition of the offender person that are submitted to
359	738		the court or admitted into evidence during the hearing on the motion
360	739		for certification as a juvenile or a youthful offender to the
361	740		juvenile system or on the motion for imposition of an adult sentence
362	741		shall be confidential and shall be filed or admitted under seal,
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363	768		except that such records sha ll be provided to the Office of Juvenile
364	769		Affairs. Any testimony regarding the reports, e valuations, motions,
365	770		records, exhibits or documents shall be given in camer a and shall
366	771		not be open to the general public; provided, all persons having a
367	772		direct interest in the case as provided in paragraph 1 of subsectio n
368	773		A of Section 2-2-402 of this title shall be allowed to be present
369	774		during the testimony but shall be admonishe d not to discuss the
370	775		testimony following the hearing. All reports, evaluations, motions,
371	776		records, exhibits or documents shall be released from u nder seal by
372	777		order of the court if t he youthful offender is sentenced to the
373	778		custody or supervision of the Depa rtment of Correction s by the court
374	779		pursuant to paragraph 1 of subsection B of Section 2 -5-209 or
375	780		paragraph 5 of subsection B of Section 2 -5-210 of this title or if
376	781		the juvenile or youthful offender is later charged as an adult with
377	782		a felony crime.
378		-
379	783		E. Proceedings against a yo uthful offender shall be heard by
380	784		any judge of the district court.
381		-
382	785		F. Upon arrest and detention of a person subject to the
383	786		provisions of Section 2-5-205 or 2-5-206 of this title the Youthful
384	787		Offender Act, the person has the same right to be released on ba il
385	788		as would an adult in the same circu mstances.
386		-
387	789		G. Upon certification for the imposition of an adult sentence,
388	790		a verdict of guilty or entry of a plea of guilty or nolo contendere
389	791		by a youthful offender who has been certified for the im position of
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390	818		an adult sentence as provided by Section 2—5-208 2-5-207 of this
391	819		title, the person may be detained in an adult jail, adult lockup,
392	820		adult detention facility or other adul t facility if that facility is
393	821		licensed by the State Department of Health t o detain children un der
394	822		eighteen (18) years of age while the perso n is awaiting housing by
395	823		the Department of Corrections.
396		-
397	824		H. A child or youthful offender shall be tried as an adult in
398	825		all subsequent criminal prosecutions, and shall not be subject to
399		-
400		-	ENR. S. B. NO. 217 Page 10
401	826		the jurisdiction of the j uvenile court as a juvenile delinquent or
402	827		youthful offender processes in any further proceedings if:
403		-
404	828		1. The child or youthfu l offender has been certified to sta nd
405	829		trial as an adult pursuant to any certification procedure provided
406	830		by law and is subsequentl y convicted of the alleged offense or
407	831		against whom the imposition of judgment and sentence has been
408	832		deferred; or
409		-
410	833		2. The youthful offender has been certified for the imposition
411	834		of an adult sentence as provided by Section 2-5-208 2-5-207 of this
412	835		title and is subsequently convicted of the alleged offense or
413	836		against whom the imposition of judgment and sentencing has been
414	837		deferred.
415		-
416	838		I. Except as otherwise provided in the Youthful Offender Act, a
417	839		person who has been certifi ed as a youthful offender shall be
418	840		prosecuted as a youthful offender in all subsequent crimin al
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419	867		proceedings until the youthful offender has attained eighteen (18)
420	868		years of age.
421		-
422	869		All proceedings for the commission of a crime committed after a
423	870		youthful offender has reached eighteen (18) years of a ge shall be
424	871		adult proceedings.
425		-
426	872		SECTION 5. AMENDATORY 10A O.S. 2021, Section 2-5-205, is
427	873		amended to read as follows:
428		-
429	874		Section 2-5-205. A. Any person thirteen (13) or fourteen (14)
430	875		years of age who is charged with murder in the first degree shall be
431	876		held accountable for the act as if the person were an adu lt;
432	877		provided, the person may be certified as a youthful offender or a
433	878		juvenile as provided by this section, unless the person is subject
434	879		to the provisions of subsection H of Section 2-5-204 of this title.
435		-
436	880		B. Any person fifteen (15), sixteen (16) or sevent een (17)
437	881		years of age who is charged with murder in the first degree or rape
438	882		in the first degree or attempt thereof at that time shall be held
439	883		accountable for his or her act as if the person was an adult an d
440	884		shall not be subject to the provisions of the Yo uthful Offender Act
441	885		or the provisions of the Juvenile Code for certification as a
442	886		juvenile. The person shall have all the statutory rights and
443		-
444		-	ENR. S. B. NO. 217 Page 11
445	887		protections of an adult accused of a crime. All proceedings s hall
446	888		be as for a criminal action and the provision s of Title 22 of the
447	889		Oklahoma Statutes sh all apply. A person having been convicted as an
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448	916		adult pursuant to this paragraph shall be tried as an adult for
449	917		every subsequent offense.
450		-
451	918		C. 1. Any person fifteen (15), sixteen (16) or seventeen (17)
452	919		years of age who is charged with:
453		-
454	920		1. Murder in the second de gree;
455		-
456	921		2. Kidnapping or attempt ther eof;
457		-
458	922		3. Manslaughter in the first degree;
459		-
460	923		4. Robbery with a dangerous wea pon or a firearm or attempt
461	924		thereof;
462		-
463	925		5. Robbery in the first degree or attempt thereof;
464		-
465	926		6. Robbery committed by two or more persons;
466		-
467	927		7. Rape by instrumentation or attempt thereof ;
468		-
469	928		8. Forcible sodomy;
470		-
471	929		9. Lewd acts or proposals to a child under sixteen (16) years
472	930		of age or any offense in violation of subsection A of Section 1123
473	931		of Title 21 of the Oklahoma Statutes;
474		-
475	932		10. Domestic abuse by strangulation;
476		-
477	933		11. Arson in the first deg ree or attempt thereof; or
478		-
479	934		12. Any offense in violation of Section 652 of Title 21 of the
480	935		Oklahoma Statutes,
481		-
482	936		shall be held accountable for suc h acts as a youthful offende r;
483	937		provided, the person may be certified as a juv enile or as an adult
484	938		as provided by the provisions of the Youthful Offender Act.
485	939
486		-
487		-	ENR. S. B. NO. 217 Page 12
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488	965		D. At the sole discretion of the district attorne y, any person
489	966		fifteen (15), sixteen (16) or seve nteen (17) years of age who is
490	967		charged with rape in the first degree or attem pt thereof may be held
491	968		accountable for his or her act as if the person was an adult or as a
492	969		youthful offender. When charged as an adult, the person shall have
493	970		all the statutory rights and protections of an adult accused of a
494	971		crime. All proceedings shall be as for a criminal action and the
495	972		provisions of Title 22 of the Oklahoma Statutes shall apply. A
496	973		person having been convicted as an adult pursuant to this subsection
497	974		shall be tried as an adult for every s ubsequent offense. When
498	975		charged as a youthful of fender, the person shall be held accountable
499	976		for such acts as a youthful offender; provided, the person may be
500	977		certified as a juven ile or as an adult as provided b y the Youthful
501	978		Offender Act.
502		-
503	979		E. Any person sixteen (16) or seventeen (17) years of age who
504	980		is charged with:
505		-
506	981		1. Burglary in the first degree or attempted burglary in the
507	982		first degree;
508		-
509	983		2. Battery or assault and battery on a state employee or
510	984		contractor while in the custo dy or supervision of the Off ice of
511	985		Juvenile Affairs;
512		-
513	986		3. Aggravated assault a nd battery of a police officer;
514		-
515	987		4. Intimidating a witness;
516		-
517	988		5. Trafficking in or manufacturing illegal drugs;
518	989
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519	1015		6. Assault and battery with a deadly weapon;
520		-
521	1016		7. Maiming;
522		-
523	1017		8. Residential burglary in the secon d degree after two or more
524	1018		adjudications that are separated in time for delinquency for
525	1019		committing burglary in the first degree or residential burglary in
526	1020		the second degree;
527		-
528	1021		9. Rape in the second degree; or
529		-
530		-
531		-	ENR. S. B. NO. 217 Page 13
532	1022		10. Use of a firearm while in commission of a f elony,
533		-
534	1023		may be held accountable for such acts as a youthful offender;
535	1024		provided, the person may be certified as a juvenile or as an adult
536	1025		as provided by the Youthful Offender Act.
537		-
538		-	F. 1. For any charges listed in Sections A, C, D, or E of this
539		-	section, the district attorney may elect to file a petition al leging
540		-	the person to be delinquent or may file an inf ormation charging the
541		-	person as a youthful offender. The district attorney shall
542		-	immediately notify the Office of Juvenile Aff airs upon the filing of
543		-	any youthful offender charges.
544		-
	1026	+	F. 1. For any charges listed in subsection A, C, D, or E of
	1027	+	this section, the district attorney may elect to file a petition
	1028	+	alleging the person to be delinquent or may file an information
	1029	+	charging the person as a youthful offender. The district attorney
	1030	+	shall immediately notify the Office of Juvenile Aff airs upon the
	1031	+	filing of any youthful offender charges.
545	1032		2. After an information has been filed charging a person as a
546		-	youthful offender under ~~Sections~~ A, C, D, or E of this section, or
	1033	+	youthful offender under subsection A, C, D, or E of this section, or
547	1034		as an adult under subsection B of this section, the district
548	1035		attorney may elect to amend or dismis s the information and refile
549	1036		any or all charges i n a delinquent petition.
550	1037
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551	1063		3. Upon the filing of an information, the person's complete
552	1064		juvenile record shall be made available to th e district attorney and
553	1065		the person's attorney.
554		-
555	1066		G. 1. Upon the filing of an adult criminal information against
556	1067		such accused a person, a warrant shall be issued which shall set
557	1068		forth the rights of the accused person, and the rights of the
558	1069		parents, guardian, or next friend of the accused person to be
559	1070		present at the preliminary hear ing, and to have an attorney present
560	1071		and to make application for certification of such accused person as
561	1072		a youthful offender to the district court for the purpose of
562	1073		prosecution as a youthful offender.
563		-
564	1074		2. The warrant shall be personally served together wi th a
565	1075		certified copy of the information on the accused person and on a
566	1076		custodial parent, guardian, or next friend of the accused person.
567	1077		The court may inquire of the accused as to the whereabouts of his or
568	1078		her parents, guardian, or next friend in order to avoid unnecessary
569	1079		delay in the proceedings.
570		-
571	1080		3. When personal service of a custodial parent, guardian, or
572	1081		next friend of the accused person cannot be effected completed,
573	1082		service may be made by certified mail t o such the person's last-
574		-
575		-	ENR. S. B. NO. 217 Page 14
576	1083		known address, requesting a return receipt from the addressee only.
577	1084		If delivery is refused, notice may be given by mailing the warrant
578	1085		and a copy of the accused's warrant information on the accused
579	1086		person by regular first-class mail to the addres s where the person
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580	1113		to be notified refused delivery of the notice sent by certified
581	1114		mail. Where the address of a custodial parent, gu ardian or next
582	1115		friend is not known, or if the mailed copy of the accused's warrant
583	1116		and copy of the information on the accused person is returned for
584	1117		any reason other than refusal of the addressee to acce pt delivery,
585	1118		after a thorough search of all reasonably available sources to
586	1119		ascertain the whereabouts of a custodial parent, gu ardian, or next
587	1120		friend has been conducted, the co urt may order that notice of the
588	1121		hearing be given by publication one time in a n ewspaper of general
589	1122		circulation in the county. In addition, the The court may also
590	1123		order other means of service of notice that the court deems
591	1124		advisable or in the interests of justice.
592		-
593	1125		4. Before service by publication is ordered, the court shall
594	1126		conduct an inquiry to determine whether a thorough search has been
595	1127		made of all reasonably available sources to ascertain the
596	1128		whereabouts of any party person for whom notice by publicat ion is
597	1129		sought.
598		-
599	1130		D. 1. The accused person shall file any motions for
600	1131		certification as a youthful offender or a juvenile before the start
601	1132		of the criminal preliminary hearing. If both a motion for
602	1133		certification as a youthful offender and a motion for certif ication
603	1134		as a juvenile are filed , they shall both be heard at the same time.
604	1135		No motion for certification as a youthful offender or certification
605	1136		as a juvenile may be filed after the time specified in this
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606	1163		subsection. Upon the filing of such motion, the co mplete juvenile
607	1164		record of the accused shall be made available to the district
608	1165		attorney and the accused person. All reports, evaluations, motions,
609	1166		records, exhibits or documents regarding the educati onal history,
610	1167		mental health or medical treatment or condi tion of the offender that
611	1168		are submitted to the court or admitted into evidence during the
612	1169		hearing on the motion for certification as a youthful offender to
613	1170		the juvenile system or motion for impositio n of an adult sentence
614	1171		are confidential and shall be file d or admitted under seal, excep t
615	1172		that such records shall be provided to the Office of Juvenile
616	1173		Affairs. Any testimony regarding the reports, evaluations, motions,
617	1174		records, exhibits or documents shal l be given in camera and shall
618		-
619		-	ENR. S. B. NO. 217 Page 15
620	1175		not be open to the general public; provided, all persons having a
621	1176		direct interest in the case as provided in paragraph 1 of subsection
622	1177		A of Section 2-2-402 of this title shall be allowed to be present
623	1178		during the testimony but shall be admonished not to discuss the
624	1179		testimony following the hearing. All reports, e valuations, motions,
625	1180		records, exhibits or documents shall be released from under seal by
626	1181		order of the court if the youthful offender is sentenced t o the
627	1182		custody or supervision of the Department of Corrections by the court
628	1183		pursuant to either paragraph 1 of subsection B of Section 2-5-209 or
629	1184		paragraph 5 of subsection B of Section 2-5-210 of this title or if
630	1185		the juvenile or youthful offender is later ch arged as an adult wit h
631	1186		a felony crime.
632	1187
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633	1213		2. 5. The person is presumed to be a youthful offender, and the
634	1214		proceedings shall continue under such presumption unl ess the court
635	1215		grants the person's motion for certifica tion as a juvenile pursuant
636	1216		to Section 6 of this act or grants the district at torney's motion
637	1217		for imposition of an adult s entence pursuant to Section 7 of this
638	1218		act.
639		-
640	1219		H. The court shall commence a the preliminary hearing within
641	1220		ninety (90) days of the filing of the information, pursuant to
642	1221		Section 258 of Title 22 of the Oklahoma Statutes, to determine
643	1222		whether the a crime was committed and whether if there is probable
644	1223		cause to believe the accused person committed a the crime. If the
645	1224		The requirement for the p reliminary hearing to be held within ninety
646	1225		(90) days may be waived by the acc used.
647		-
648	1226		1. For a person charged under subs ection A or B of Section 2 -5-
649	1227		205 of this title, if the preliminary hearing is not co mmenced
650	1228		within ninety (90) days of the filing date of the accused person is
651	1229		charged information, the district court shall hold a hearing to
652	1230		determine the reasons for delay utilizing the procedure set out in
653	1231		Section 812.2 of Title 22 of the Oklahoma Statute s, to ensure the
654	1232		preliminary hearing is expedited, unless the ninety-day requirement
655	1233		has been waived by the accused.
656		-
657	1234		2. For a person charged under subsection C , D, or E of Section
658	1235		2-5-205 of this title, if the preliminary hearing is not commenced
659	1236		within ninety (90) days of the filing of the information, the
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660	1263		district attorney shall be prohibited from seekin g an adult sentence
661		-
662		-	ENR. S. B. NO. 217 Page 16
663	1264		unless the ninety-day requirement has been waived by the accused.
664	1265		If
665		-
666	1266		3. For an accused person charged under subsection A, B, C, D,
667	1267		or E of Section 2-5-205 of this title, if the whereabouts of the
668	1268		accused are unknown at the time of the filing of the information o r
669	1269		if the accused is a fugitive, th e State of Oklahoma shall make
670	1270		reasonable efforts to locate the accused in order to commenc e the
671	1271		proceedings. An accused who flees the jurisdiction of the court or
672	1272		purposely avoids apprehension for the charges, waives the right to
673	1273		have the preliminary hea ring commenced within ninety (90) days of
674	1274		the filing of the information. An accused who fails to cooperate
675	1275		with providing information in locating the parents of the accused,
676	1276		guardian, or next friend for purpose of notice waives the right to
677	1277		have the preliminary hearing commence within ninety (90) days of the
678	1278		filing of the information . If the preliminary hearing did does not
679	1279		commence within ninety (90) days from the filing of the information
680	1280		due to the absence or inability to locate the accused, the
681	1281		preliminary hearing shall commence w ithin ninety (90) days after the
682	1282		state has actual notice of t he in-state location of the accused. If
683	1283		the accused is found out of state, the court shall set the hearing
684	1284		within ninety (90) days after the accused has been returned to the
685	1285		State of Oklahoma. An accused who fails to cooperate with providing
686	1286		information in locating his or her par ent, guardian, or next friend
	1287	+
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687	1313		for purposes of notice waives the right to have the prelimina ry
688	1314		hearing commence within ninety (90) days of the filing of the
689	1315		information.
690		-
691	1316		3. I. At the conclusion of the state's case at the criminal
692	1317		preliminary hearing, the state and if the accused has filed a motion
693	1318		for certification as a juvenile p ursuant to subsection A of th is
694	1319		section, or if the district attorney has filed a motion for the
695	1320		imposition of an adult sentence pursuant to Section 7 of this act,
696	1321		both the accused person and the district att orney may offer evidence
697	1322		to in support or oppose in opposition of the pending motion or
698	1323		motions for certification as a youthful offender or an alleged
699	1324		juvenile delinquent.
700		-
701	1325		E. J. The court shall rule on any motions properly filed motion
702	1326		for certification as a youthful offender or an alleged juvenile
703	1327		delinquent or motion for the imposition of an adult sentence before
704	1328		ruling on whether to bind the accus ed over for trial. When ruling
705		-
706		-	ENR. S. B. NO. 217 Page 17
707	1329		on a motion for certi fication as a youthful offender or juvenile,
708	1330		the court shall give consideration to the following guidelines with
709	1331		greatest weight to b e given to paragraphs 1, 2 and 3:
710		-
711	1332		1. Whether the alleged offense was committed in an aggressive,
712	1333		violent, premeditated or willful manner;
713		-
714	1334		2. Whether the offense was against persons, and, if personal
715	1335		injury resulted, the degree of personal injury , and the statements
716	1336		of the victim or victims;
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717	1362
718	1363		3. The record and past history of the accused person including
719	1364		previous contacts wit h law enforcement agencies and juvenile or
720	1365		criminal courts, prior periods of probation and commitments to
721	1366		juvenile institutions;
722		-
723	1367		4. The sophistication and maturity of the accused person and
724	1368		the capability of distinguishing right from wrong as determined b y
725	1369		consideration of the person's psychological evaluation, home,
726	1370		environmental situation, emotional attitude and pattern of living;
727		-
728	1371		5. The prospects for adequate protection of the public if the
729	1372		accused person is processed through the youthful offender syst em or
730	1373		the juvenile system;
731		-
732	1374		6. The reasonable likelihood of rehabilitation of the accused
733	1375		person if such person is found to have comm itted the alleged
734	1376		offense, by the use of procedures and facilities cu rrently available
735	1377		to the juvenile court; and
736		-
737	1378		7. Whether the offense occurred while the accused person was
738	1379		escaping or on escape status from an institution for yo uthful
739	1380		offenders or delinquent children.
740		-
741	1381		The court, in its decision on a motion for certificat ion as a
742	1382		youthful offender or juvenile, shall detail f indings of fact and
743	1383		conclusions of law to each of the above considerations, and shall
744	1384		state that the court h as considered each of the guidelines in
745	1385		reaching its decision.
746	1386
	1387	+	ENGR. H. A. to ENGR. S. B. NO. 217 Page 27 1
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747	1412		F. The order certifying a pers on as a youthful offender or an
748	1413		alleged juvenile delin quent or denying the request for certification
749		-
750		-	ENR. S. B. NO. 217 Page 18
751	1414		as either a youthful offender or an alleged juvenile delinque nt
752	1415		shall be a final order , appealable to the Court of Criminal Appeals
753	1416		when entered.
754		-
755	1417		G. An order certifying the accused person as a youthful
756	1418		offender or an alleged juvenile delinquent shall not be reviewable
757	1419		by the trial court.
758		-
759	1420		H. If the accused person i s prosecuted as an adult and is
760	1421		subsequently convicted of the alleged offense or against whom the
761	1422		imposition of judgment and sentencing has been def erred, the person
762	1423		may be incarcerated with the adult population and shall be
763	1424		prosecuted as an adult in all s ubsequent criminal procee dings.
764		-
765	1425		SECTION 6. NEW LAW A new section of law to be codified
766	1426		in the Oklahoma Statutes as Section 2-5-206A of Title 10A, unless
767	1427		there is created a duplica tion in numbering, reads as follows:
768		-
769	1428		A. 1. When the attorney for the accused person determines
770	1429		there is good cause to believe the accused should have been charged
771	1430		as a delinquent and not as youthful of fender, the attorney for the
772	1431		accused shall file a motion for certification as a juvenile. The
773	1432		motion for certification as a juvenile shall be filed prior to the
774	1433		start of the preliminary hearing. No motion for certification as a
775	1434		juvenile may be filed afte r the preliminary hearing has be gun.
776	1435
	1436	+	ENGR. H. A. to ENGR. S. B. NO. 217 Page 28 1
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777	1461		2. If a motion for certification as a juvenile has been filed,
778	1462		the court shall order a certification study to be conducted, unless
779	1463		waived by the accused with the approva l of the court. Any such
780	1464		certification study sha ll be completed by the Office of Juvenile
781	1465		Affairs. Upon ordering the certification study, the court shall
782		-	determine if the parent, guardian, next friend, or other person
783		-	legally obligated to care for and support the child has the ability
784		-	to pay costs for the study and if so, the court may order payment of
785		-	such costs to the Office of Juvenile Affair s in an amount not to
786		-	exceed One Thousand Dollars ($1,000.00) . The court shall set a
787		-	reasonable date for the payment of the fee due to the Office of
788		-	Juvenile Affairs for the completion of the certification study. In
789		-	hardship cases, the court may establish a payment schedule.
790		-
791		-
792		-	ENR. S. B. NO. 217 Page 19
	1466	+	order the parent, guardian, next friend, or other person legally
	1467	+	obligated to care for and support the child, to pay a fee to the
	1468	+	Office of Juvenile Affairs of not less than One Hu ndred Dollars
	1469	+	($100.00), nor more than One Thousand Dollars ($1,000.00). The
	1470	+	court shall set a reasonable date for the payment of the fee due to
	1471	+	the Office of Juvenile Affair s for the completion of the
	1472	+	certification study. In hardship cases, the court ma y establish a
	1473	+	payment schedule.
793	1474		B. When ruling on a motion for certification as a juvenile, the
794	1475		court shall consider the following guidelines with greatest weight
795		-	to be given to paragraphs 1, 2, and 3:
796		-
	1476	+	to be given to paragraphs 1, 2, and 3 of this subsection:
797	1477		1. Whether the alleged offense was committed in an aggressive,
798	1478		violent, premeditated, or willful manner, and the accused person 's
799	1479		level of involvement in the offense;
800		-
801	1480		2. Whether the offense was against persons and if personal
802	1481		injury resulted, the degree of personal injury, a nd the statement or
803	1482		statements of the victim or victims;
804		-
805	1483		3. The record and past history of the accused person including
806	1484		previous contacts with law enforcement agencies and juvenile or
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807	1511		criminal courts, prior p eriods of probation, and commitments to
808	1512		juvenile institutions;
809		-
810	1513		4. The sophistication, age, and maturity of the person and the
811	1514		capability of distinguishing right f rom wrong as determined by
812	1515		consideration of the person's psychological evaluation, home,
813	1516		environmental situation, emotional attitude , and pattern of living;
814		-
815	1517		5. The prospects for adequate prote ction of the public if the
816	1518		accused is processed through the juvenile justice system as either a
817	1519		delinquent or youthful offender;
818		-
819	1520		6. The reasonable likelihood of rehabilitation if the accused
820	1521		is found to have committed the offense, by the use of programs and
821	1522		facilities currently available to the court through the juvenile
822	1523		justice system; and
823		-
824	1524		7. Whether the offense occurred while th e accused was escaping
825	1525		or on escape status from a facility or placement for youthful
826	1526		offenders or delinquent children.
827		-
828	1527		C. The court, in its decision on a motion for certifi cation as
829	1528		a juvenile, shall issue a written order and prepa re detailed
830	1529		findings of fact and conclusions of law as to each of the
831	1530		considerations in subsection B of this section, and shall state that
832	1531		the court has considered each of the guidelines in reachin g its
833	1532		decision.
834	1533
835		-
836		-	ENR. S. B. NO. 217 Page 20
	1534	+	ENGR. H. A. to ENGR. S. B. NO. 217 Page 30 1
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837	1559		D. The order granting or denying the motion for certification
838	1560		as a juvenile shall be a final order, appealable to the Court of
839	1561		Criminal Appeals when entered.
840		-
841	1562		E. An order certifying the accused person as a juvenile shall
842	1563		not be reviewable by the trial court.
843		-
844	1564		SECTION 7. NEW LAW A new section of law to be codified
845	1565		in the Oklahoma Statutes as Section 2-5-207A of Title 10A, unless
846	1566		there is created a duplication in num bering, reads as follows:
847		-
848	1567		A. Whenever the district attorney determines there is good
849	1568		cause to believe that the person charged as a youthfu l offender
850	1569		would not reasonably complete a plan of rehabilitation or the public
851	1570		would not be adequately protected if the person were to be sentenced
852	1571		as a youthful offender, the district attorney may file a motion for
853	1572		the imposition of an adult sentence. The district attorney may
854	1573		elect when to file the motion for the imposition of an adult
855	1574		sentence as set forth as follows:
856		-
857	1575		1. The district attorney may file the motion for the imposition
858	1576		of an adult sentence no later than fourteen (14) days prior to the
859	1577		start of the preliminary hearin g. If the motion is properly filed
860	1578		prior to preliminary hearing, the court shall rule on such motion
861	1579		prior to a ruling to bind the person over for trial. Once the
862	1580		motion for imposition of an adult sentence is heard by the court,
863	1581		such motion cannot be filed again and argued to the trial court
864	1582		after arraignment.
865	1583
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866	1609		2. The district attorney may fi le the motion for the imposition
867	1610		of an adult sentence no later than thirty (30) days following formal
868	1611		arraignment. If the motion is properl y filed, such motion will be
869	1612		heard and ruled upon by the trial court .
870		-
871	1613		3. If the accused's attorney indicates to the court that the
872	1614		accused wishes to plead guilty or nolo contendere to the charge or
873	1615		charges, the court shall notify the district attorney. The district
874	1616		attorney shall have ten (10) days after notification to file the
875	1617		motion for the imposition of an adult se ntence. If the motion is
876	1618		properly filed, such motion will be heard and ruled upon by the
877	1619		trial court.
878		-
879		-
880		-	ENR. S. B. NO. 217 Page 21
881	1620		B. If a motion for imposition of an adult sentence was proper ly
882	1621		filed, the court shall order a certificati on study to be prepared by
883	1622		the Office of Juveni le Affairs, unless waived by the accused with
884	1623		approval of the court unless previousl y prepared pursuant to Section
885	1624		6 of this act. Upon ordering the certification s tudy, the court
886	1625		shall order the parent, guard ian, next friend, or other person
887	1626		legally obligated to care for and support the accused, to pay a fee
888	1627		to the Office of Juvenile Aff airs of not less than One Hundred
889		-	Dollars ($100.00), nor more than One Thousand D ollars ($~~1000~~.00).
	1628	+	Dollars ($100.00), nor more than One Thousand D ollars ($1,000.00).
890	1629		The court shall set a reasonable date for the payment of the fee due
891	1630		to the Office of Juvenile Affairs for the completion of the
892	1631		certification study. In hardship cases, the court may establish a
893	1632		payment schedule.
894	1633
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895	1659		C. When ruling on a motion for the imposition of an adult
896	1660		sentence, the court shall consider the following guideli nes with
897		-	greatest weight to be given to paragraphs 1, 2, and 3:
898		-
	1661	+	greatest weight to be given to paragraphs 1, 2, and 3 of this
	1662	+	subsection:
899	1663		1. Whether the alleged offense was committed in an aggressive,
900	1664		violent, premeditated, or willful manner, and the accused's level of
901	1665		involvement in the offense;
902		-
903	1666		2. Whether the offense was agains t persons and, if personal
904	1667		injury resulted, the degree of personal injury, and the statement or
905	1668		statements of the victim or victims;
906		-
907	1669		3. The record and past hist ory of the accused person including
908	1670		previous contacts with law enforcement agencies and juvenil e or
909	1671		criminal courts, prior periods of probation , and commitments to
910	1672		juvenile facilities or placements ;
911		-
912	1673		4. The sophistication, age, and maturity of the person and the
913	1674		capability of distinguishing right from wrong as determined by
914	1675		consideration of the person's psychological evaluation, home,
915	1676		environmental situation, emotional atti tude, and pattern of living ;
916		-
917	1677		5. The prospects for adequate prote ction of the public i f the
918	1678		accused person is processed t hrough the juvenile justice system as
919	1679		either a delinquent or youthful offender;
920		-
921	1680		6. The reasonable likelihood of rehabilitation if the accused
922	1681		is found to have committed the offense, using programs and
923	1682
924		-	ENR. S. B. NO. 217 Page 22
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925	1708		facilities currently available to the court through the juvenile
926	1709		justice system; and
927		-
928	1710		7. Whether the offense occurred while the accused person was
929	1711		escaping or on escape status from a facility or placement for
930	1712		youthful offenders or delinquent children.
931		-
932	1713		D. After the hearing and consideration of the report of t he
933	1714		investigation, the court shall certify the person as e ligible for
934	1715		the imposition of an adult sentence only if the court finds by clear
935	1716		and convincing evidence that there is good cause to believe that the
936	1717		accused would not reasonably complete a plan of r ehabilitation or
937	1718		that the public would not be adequately pro tected if the accused
938	1719		were to be sentenced as a youthful offender.
939		-
940	1720		E. The court, in its decision on a motion for the imposition of
941	1721		an adult sentence, shall issue a written order and prepare detai led
942	1722		findings of fact and conclusions of law as to each of the
943	1723		considerations in subsections C and D of this section, and shall
944	1724		state that the court has considered each of the guidelines in
945	1725		reaching its decision.
946		-
947	1726		F. The order granting or denying the motion for the imposition
948	1727		of an adult sentence shall be a final or der, appealable to the Court
949	1728		of Criminal Appeals when entered.
950		-
951	1729		G. An order granting the district attorney 's motion for the
952	1730		imposition of an adult sentence shall not be reviewable by the trial
953	1731		court.
954	1732
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955	1758		SECTION 8. NEW LAW A new section of law to be codified
956	1759		in the Oklahoma Statutes as Section 2-5-208A of Title 10A, unless
957	1760		there is created a duplication in numb ering, reads as follows:
958		-
959	1761		A. After consideration of the evidence and argument presented,
960	1762		the court shall impose a sentence. The court may sentence the
961	1763		youthful offender to the same range of pun ishment, except for
962	1764		capital offenses, as an adult who was convicted of the same offense
963	1765		or offenses. Any sentence imposed upon a y outhful offender may be
964	1766		served in the supervision or custody of the Office of Juvenile
965	1767		Affairs until one of the following occ urs:
966		-
967		-
968		-	ENR. S. B. NO. 217 Page 23
969	1768		1. The expiration of the sentence;
970		-
971	1769		2. The youthful offender is discharged from supervision or
972	1770		custody of the Office of Juven ile Affairs by the court; or
973		-
974	1771		3. The court transfers the you thful offender to the custody or
975	1772		supervision of the Department of Corrections.
976		-
977	1773		In addition to the placement of the youthful offender in the
978	1774		supervision or custody of the Office of Juvenile Affai rs, the court
979	1775		may issue orders regarding the youthful offender as provided by law
980	1776		for the disposition of an adjudicated juve nile delinquent as long as
981	1777		the age of the youthful offender does not exceed nineteen (19) years
982	1778		of age.
983		-
984	1779		B. A youthful offender adju dication is not an adult conviction,
985	1780		nor shall any youthful of fender adjudication prevent the youthful
986	1781		offender from exercis ing any right or privilege under law.
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987	1807
988	1808		C. The sentence imposed by the court on a youthful offender wh o
989	1809		is transferred to the custody or supervision of the Department of
990	1810		Corrections shall not exc eed the maximum term of the original
991	1811		sentence.
992		-
993	1812		D. Upon adjudicating a youthful offender, the court shall file
994	1813		a Judgment of Adjudication as a Youthful Offender. The Judgment of
995	1814		Adjudication shall reflect the date of adjudication, the adjudicated
996	1815		crimes, and the youthful offender sentence imposed.
997		-
998	1816		E. Whenever a youthful offender is placed in the custody or
999	1817		under the supervision of the Office of Juvenile Affairs, t he Office
1000	1818		of Juvenile Affairs shall, within thirty (30) days of receiving
1001	1819		notification of the placement, prepare and file with the court the
1002	1820		written rehabilitation plan fo r the youthful offender. The
1003	1821		rehabilitation plan shall ensure the protection of the public and
1004	1822		shall include but not be limited to:
1005		-
1006	1823		1. The placement decisio n, such as community, group home,
1007	1824		secure care, or specialized placement ;
1008		-
1009	1825		2. The youthful offender's treatment and educational needs;
1010		-
1011		-
1012		-	ENR. S. B. NO. 217 Page 24
1013	1826		3. The measurable objectives required for the youthful
1014	1827		offender's successful completion of the rehabilitation plan;
1015		-
1016	1828		4. The treatment objecti ves for the youthful offender's parent,
1017	1829		guardian, or next friend; and
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1018	1855
1019	1856		5. If the youthful offender is placed in a group home, secure
1020	1857		care, or specialized placement , the preconditions for reintegration
1021	1858		into the community.
1022		-
1023	1859		SECTION 9. NEW LAW A new section of law to be codified
1024	1860		in the Oklahoma Statutes as Sectio n 2-5-209A of Title 10A, unless
1025	1861		there is created a duplication in numb ering, reads as follows:
1026		-
1027	1862		A. The court shall schedule a youthful offender review hearing
1028	1863		no less than every six (6) months. Additional review hearings may
1029	1864		be scheduled upon the motion of the court or for good cause shown at
1030	1865		the request of the youthful offender 's attorney, the district
1031	1866		attorney, or the Office of Juvenile Affairs. Notice shall be given
1032	1867		to the youthful offender, the counsel, parent or guardian of the
1033	1868		youthful offender, the district attorney, and the Office of Juvenil e
1034	1869		Affairs at the time the motion for rev iew is made or filed. At the
1035	1870		review hearing, the court may:
1036		-
1037	1871		1. Extend the jurisdiction of the court, and the Office of
1038		-	Juvenile Affairs, as specified in ~~subsection~~ B and C of this
	1872	+	Juvenile Affairs, as specified in subsections B and C of this
1039	1873		section;
1040		-
1041	1874		2. Order a community-placed youthful offender, if less than
1042	1875		eighteen (18) years of age, into a s anctions program operated or
1043	1876		contracted by the Office of Juvenile Affairs, if available, if the
1044	1877		court determines the youthful offender has failed to comply with the
1045	1878		rehabilitation plan;
1046	1879
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1047	1905		3. Revoke the youthful offender 's community placement and place
1048	1906		the youthful offender in the custody of the Office of Juvenile
1049	1907		Affairs if such offender is less than eighteen (18) years of age, if
1050	1908		the court determines the youthful offender has substant ially failed
1051	1909		to comply with the rehabilita tion plan;
1052		-
1053		-
1054		-	ENR. S. B. NO. 217 Page 25
1055	1910		4. Discharge the youthful offender from the supervision or
1056	1911		custody of the Office of Juvenile Affairs without a court judg ment
1057	1912		of guilt and dismiss the case ; or
1058		-
1059	1913		5. Transfer the youthful offender from t he supervision or
1060	1914		custody of the Office of Juvenile Affairs to the Departme nt of
1061	1915		Corrections pursuant to the provisions of paragraph 2 of subsection
1062	1916		A of Section 10 of this act.
1063		-
1064	1917		B. The court shall hold a hearing t hirty (30) days prio r to the
1065	1918		youthful offender's eighteenth birthday, if the sentence has not
1066	1919		expired, or the youthful offender has not been transferred to the
1067	1920		custody or supervision of the Department of Corrections. At the
1068	1921		hearing, the court shall make o ne of the following determinations
1069	1922		to:
1070		-
1071	1923		1. Extend the custody or supervision of Offic e of Juvenile
1072	1924		Affairs, to continue the youthful offender's rehabilitation plan;
1073		-
1074	1925		2. Discharge the adjudication without a court judg ment of guilt
1075	1926		and dismiss the case; or
1076		-
1077	1927		3. Transfer the youthful offender into the custody or
1078	1928		supervision of the Department o f Corrections pursuant to paragraph 2
	1929	+
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1079	1955		of subsection A of Section 10 of this act. The sentence imposed by
1080	1956		the court on a youthful offender who is transferred to the custod y
1081	1957		or supervision of the Department of Correctio ns shall not exceed the
1082	1958		maximum term of the original sentence.
1083		-
1084	1959		C. The court shall hold a hearing thirty (30) days prior to the
1085	1960		youthful offender attaining the age of eighteen (18) years and six
1086	1961		(6) months, if the sentence has not expired, or the youthful
1087	1962		offender has not been transferred to the custody or supervision of
1088	1963		the Department of Corrections. At the hearing, the court shall make
1089	1964		one of the following determinations :
1090		-
1091	1965		1. At the recommendation of the Off ice of Juvenile Affairs, the
1092	1966		court may extend the yout hful offender's custody or supervision to
1093	1967		the age of nineteen ( 19) to allow him or her to complete the
1094	1968		reintegration phase o f the treatment program or community
1095	1969		supervision. During this extension, the youthful offender may be
1096		-
1097		-	ENR. S. B. NO. 217 Page 26
1098	1970		transferred to the Departm ent of Corrections pursuant to paragraph 2
1099	1971		of subsection A of Section 10 of this act;
1100		-
1101	1972		2. Discharge the adjudication without a court judgement of
1102	1973		guilt and dismiss the case ; or
1103		-
1104	1974		3. Transfer the youthful of fender into the custody or
1105	1975		supervision of the Department of Corrections pursuant to paragraph 2
1106	1976		of subsection A of Section 10 of this act. The sentence imposed by
1107	1977		the court on a youthful offender who is transferred to the custody
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1108	2004		or supervision of the Dep artment of Corrections shall not exceed the
1109	2005		maximum term of the original sentence .
1110		-
1111	2006		D. If the court has extended jurisdiction of the youthful
1112	2007		offender until nineteen (19) years o f age, the youthful offender
1113	2008		shall remain in the supervision or custody of the Office of Juvenile
1114	2009		Affairs until he or she has been discharged or sentenced by t he
1115	2010		court or until his or her nineteenth birthday, at which time the
1116	2011		youthful offender will be ret urned to the court for final
1117	2012		disposition. The court shall have the same dispo sitional options as
1118	2013		provided in paragraphs 2 and 3 of subsection B of this section. Any
1119	2014		Motion to Transfer Cu stody to Department of Corrections shall be
1120	2015		filed prior to the youthful offender's nineteenth birthday;
1121	2016		provided, however, the hearing may occur a fter the nineteenth
1122	2017		birthday to allow the youthful offender the latest possible time to
1123	2018		be in compliance.
1124		-
1125	2019		E. The Office of Juvenile Affairs may make recommendations to
1126	2020		the court concerning the disposition of any youthful offender placed
1127	2021		in the supervision or custody of the Office of Juvenile Affairs.
1128		-
1129	2022		F. Any order issued by the senten cing court under subsection B,
1130	2023		C, or D of this section shall be a final order, appealable when
1131	2024		entered to the Court of Criminal Appeals .
1132		-
1133	2025		G. 1. If authorized by the court, an y hearing may be conducted
1134	2026		as a virtual hearing or through telephonic communicati ons.
1135		-
1136	2027		2. For purposes of this subsec tion:
	2028	+
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1137	2053
1138	2054		a. "telephonic communication" means participation by
1139	2055		interactive telephonic communication which permits
1140		-
1141		-	ENR. S. B. NO. 217 Page 27
1142	2056		auditory communication betwee n the court, the youthful
1143	2057		offender, and all necessary partici pants, and
1144		-
1145	2058		b. "virtual hearing" means a hearing held where
1146	2059		participation is accomplished in whole or in part
1147	2060		using a computer program which permits both visual and
1148	2061		auditory communication between the court, the youthful
1149	2062		offender, and all necessary participants.
1150		-
1151	2063		SECTION 10. NEW LAW A new se ction of law to be codified
1152	2064		in the Oklahoma Statutes as Secti on 2-5-210A of Title 10A, unless
1153	2065		there is created a duplication in numb ering, reads as follows:
1154		-
1155	2066		A. 1. Whenever the district attorney or the Office of Juvenil e
1156	2067		Affairs (OJA) believes that a youthful offender in the custody or
1157	2068		supervision of OJA should be transferred to the custody or
1158	2069		supervision of the Department of Corrections , the district attorney
1159	2070		or OJA may file a motion re questing such transfer and the cou rt
1160	2071		shall set the motion for hearing. Notice of the motion and hearing
1161	2072		shall be given to the y outhful offender, the youthful offender's
1162	2073		counsel, the parent or guardian of the youthful offender, and eith er
1163	2074		the district attorney or OJA. OJA may make recommendations to the
1164	2075		court concerning the transfer of a youthful offender to the
1165	2076		Department of Corrections.
1166	2077
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1167	2103		2. The Court may order the youthful offender transferred to the
1168	2104		custody or supervision of the Department of Correctio ns only if the
1169	2105		court finds by clear and convincing evidence that the yo uthful
1170	2106		offender has:
1171		-
1172	2107		a. failed to make substantial prog ress towards completing
1173	2108		the treatment plan which the youthful offender is
1174	2109		expected to have achieved,
1175		-
1176	2110		b. established a pattern of disruptive behavior which is
1177	2111		not conducive to the established policies a nd
1178	2112		procedures of the program or facility or engaged i n
1179	2113		other types of behavior which has endangered the life
1180	2114		or health of other residents or staff of the facility ,
1181		-
1182		-
1183		-	ENR. S. B. NO. 217 Page 28
1184	2115		c. caused disruption in the facility , smuggled contraband
1185	2116		into the facility, or participated or assisted others
1186	2117		in smuggling contraband into th e facility,
1187		-
1188	2118		d. committed battery or assault and battery on an OJA
1189	2119		employee or contractor of a juvenile facilit y,
1190		-
1191	2120		e. committed battery, assault and battery, or endangered
1192	2121		the life or health of another perso n,
1193		-
1194	2122		f. committed a felony while in the custod y or supervision
1195	2123		of OJA as demonstrated by:
1196		-
1197	2124		(1) the entry of a plea of guilty or nolo con tendere,
1198		-
1199	2125		(2) an adjudication, or a judgment and sentence
1200	2126		following a verdict of guilty, or
1201	2127
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1202	2153		(3) clear and convincing evidenc e, or
1203		-
1204	2154		g. left a facility in which the youthful offender was
1205	2155		being held without permission.
1206		-
1207	2156		The court, in its decision to transfer custody o f the youthful
1208	2157		offender to the custody of the Department of Corrections, shall
1209	2158		issue a written order and make detaile d findings of fact and
1210	2159		conclusions of law addressing the grou nds alleged in the motion of
1211	2160		the district attorney or OJA.
1212		-
1213	2161		B. An order transferring custody of a youthful offender to the
1214	2162		Department of Corrections shall be d eemed an adult conviction and
1215	2163		shall be recorded as such in the court records and criminal history
1216	2164		records of the offender. Such order shall be a final order,
1217	2165		appealable when entered. In addition to a judgment and sentence for
1218	2166		an adult conviction, the cou rt shall provide to the Department o f
1219	2167		Corrections a detailed memorandum or historical statement o f the
1220	2168		Youthful Offender Act as applied to the offender being transferred
1221	2169		to the Department of Corrections including the date of the offense,
1222	2170		the date of the adjudication as a youthful offender, the date of the
1223	2171		filing of the motion to transfer custody of th e offender to the
1224	2172		adult criminal system, and the date of the imposition of the adult
1225	2173		sentence.
1226		-
1227		-	ENR. S. B. NO. 217 Page 29
1228		-
1229	2174		C. The court shall grant time -served credits against the adult
1230	2175		sentence imposed for any youthful o ffender transferred to the
1231	2176		Department of Corrections. For the purpose of calculating time
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1232	2203		served to be applied toward any sentence imposed upon a youthful
1233	2204		offender, in the event a youthful offender has been placed in th e
1234	2205		custody or supervision of the Offic e of Juvenile Affairs, the
1235	2206		offender shall receive day -for-day credit for the time spent in the
1236	2207		custody or under the supervision of the Offi ce of Juvenile Affairs.
1237	2208		Upon commitment to the Department of Corrections, a you thful
1238	2209		offender shall also receive oth er credits as provided by law for an
1239	2210		adult inmate.
1240		-
1241	2211		D. 1. If the court dismissed the youthful offender case, the
1242	2212		person may file a motion to expunge the plea and the youthful
1243	2213		offender adjudication and sentence from the record.
1244		-
1245	2214		2. The court, after hearing the motion, and any objections, may
1246	2215		grant the expungement of the youthful offender's record as provided
1247	2216		by the procedures in subsection D of Section 991c of Title 22 of the
1248	2217		Oklahoma Statutes, if the court finds that th e youthful offender has
1249	2218		reasonably completed the rehabilitation plan, that the expungement
1250	2219		is in the best interest of the youthful offender, and that such
1251	2220		dismissal will not je opardize public safety.
1252		-
1253	2221		3. The court, after hearing the motion and any objectio ns, may
1254	2222		order the expungement of all files and records over which the court
1255	2223		has jurisdiction pertaining to the arrest and adjudication of the
1256	2224		former youthful offender, and shal l order the clerk of the court to
1257	2225		expunge the entire file and record of the case or any files produced
1258	2226		or created by a law enforcement agency in which the name of the
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1259	2253		former youthful offender is mentioned. The court may order the
1260	2254		Office of Juvenile Affair s to expunge all records relating to the
1261	2255		former youthful offender that are in th e possession of the Office of
1262	2256		Juvenile Affairs, except when the documents are necessary to
1263	2257		maintain state or federal funding.
1264		-
1265	2258		4. An expungement requested under paragraph 1 of this
1266	2259		subsection may be granted regardless of any court action or inaction
1267	2260		under paragraph 2 of this subsection.
1268		-
1269		-
1270		-	ENR. S. B. NO. 217 Page 30
1271	2261		5. Members of the judiciary, district attorneys, the youthful
1272	2262		offender, counsel for the youthful offender, emplo yees of juvenile
1273	2263		bureaus and the Office of Juvenile Affairs who are assigned juvenile
1274	2264		court intake responsibili ties, and the Department of Correctio ns may
1275	2265		access records that have been expunged pursuant to thi s subsection
1276	2266		without a court order for the purp ose of determining whether to
1277	2267		dismiss an action, seek a voluntary probation, file a petition or
1278	2268		information, or for purposes of sentencing or placem ent in a case
1279	2269		where the person who is the subject of the seal ed record is alleged
1280	2270		to have committed a subseq uent youthful offender act, a j uvenile
1281	2271		delinquent act, or any adult criminal offense. Provided, any record
1282	2272		sealed pursuant to this section shall be ordered unsealed upon
1283	2273		application of the prosecuting a gency when the records are requested
1284	2274		for use in any subsequent juvenile delinquent, youthful offender, or
1285	2275		adult prosecution.
1286	2276
	2277	+	ENGR. H. A. to ENGR. S. B. NO. 217 Page 45 1
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1287	2302		6. As used in this subsection, "expunge" means the sealing of
1288	2303		criminal records.
1289		-
1290	2304		SECTION 11. AMENDATORY 10A O.S. 2021, Section 2-5-212,
1291	2305		is amended to read as follows:
1292		-
1293	2306		Section 2-5-212. A. Whenever a youthful offender is committ ed
1294	2307		to the custody of the Offi ce of Juvenile Affairs, the Office of
1295	2308		Juvenile Affairs may:
1296		-
1297	2309		1. Place shall have the legal responsibility and a uthority to
1298	2310		place a youthful offender in:
1299		-
1300	2311		1. In a secure facility or other in stitution or facility
1301	2312		maintained by the state for delinquents or youthfu l offenders;
1302		-
1303	2313		2. Place the youthful offender in In a group home or community
1304	2314		residential facility for del inquents or youthful offenders; or
1305		-
1306	2315		3. Place the youthful offender under Under community
1307	2316		supervision prior to or after a period of placement in one or more
1308	2317		of the facilities referred to in parag raphs 1 and 2 of this
1309	2318		subsection. The Office of Juvenile Affai rs may place a youthful
1310	2319		offender in his or her own home, or an independent liv ing or other
1311	2320		similar living arrangement within the community of the residence of
1312	2321		the youthful offender only upon th e approval of the court; provided,
1313		-
1314		-	ENR. S. B. NO. 217 Page 31
1315	2322		the court shall not prohibit the reintegration of the youthful
1316	2323		offender into the community except upon fin ding that the youthful
1317	2324		offender has not reasonably completed the rehabilitation plan
1318	2325		objectives established as prec onditions for reintegration into the
	2326	+
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1319	2352		community or that the publ ic would not be adequately protected if
1320	2353		the youthful offender is reintegrated into the community; or
1321		-
1322	2354		4. Place the youthful offender in a sanction program if the
1323	2355		youthful offender fails to comp ly with a written plan of
1324	2356		rehabilitation or fails substantially to achieve reasonable
1325	2357		treatment objectives while in community or other nonsec ure programs.
1326		-
1327	2358		B. The court shall not prohi bit the reintegration of the
1328	2359		youthful offender into the community except upon finding that the
1329	2360		youthful offender has not re asonably completed the rehabilitation
1330	2361		plan objectives established as preconditions for rei ntegration into
1331	2362		the community or that the public would not be adequately protect ed
1332	2363		if the youthful offender is reintegrated into the community.
1333		-
1334	2364		C. Placement of the youthful offe nder pursuant to this section
1335	2365		or any other provision of law shall b e the responsibility of the
1336	2366		Office of Juvenile Affairs and shall occur as soon as reasonably
1337	2367		possible but not more than forty -five (45) days following the filing
1338	2368		and adoption of the written rehabilitation plan as provided in
1339	2369		Section 2-5-210 8 of this title act. This placement time period m ay
1340	2370		be extended upon the declaration of an emergency by the Board of
1341	2371		Juvenile Affairs. For th e purposes of this section, "emergency"
1342	2372		means any situation t hat places the health, safety and well-being of
1343	2373		the residents or staff in imminent peril. The court s hall not have
1344	2374		authority to require order a specific placement of a youthful
	2375	+
	2376	+	ENGR. H. A. to ENGR. S. B. NO. 217 Page 47 1
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	2400	+
1345	2401		offender in a time frame which would require the removal of any
1346	2402		other juvenile or youthful offender from such placement.
1347		-
1348	2403		C. D. The Office of Juvenile Affa irs shall be responsible for
1349	2404		the care and control custody of a youthful offender who has been
1350	2405		placed in the custody of the Office of Juvenile Affairs, and shall
1351	2406		have the duty and the authority to provide food, clothing, shelter,
1352	2407		ordinary medical care, e ducation, discipline and in an emergency to
1353	2408		authorize surgery or other extraordinar y care. The medical care,
1354	2409		surgery and extraordinary care shall be charged to the appropriate
1355	2410		agency where the youthful offender qualifies for the care under law,
1356	2411		rule, regulation or administrative order or decision. Nothing in
1357		-
1358		-	ENR. S. B. NO. 217 Page 32
1359	2412		this section shall abrogate the right of a youthful offender to any
1360	2413		benefits provided through public funds nor the parent 's statutory
1361	2414		duty or responsibility to provide said necessities; further, no
1362	2415		person, agency or institution sha ll be liable in a civil suit for
1363	2416		damages for authorizing or not authorizing surgery or extraordinary
1364	2417		care in an emergency, as determined by competent medical authority.
1365	2418		A youthful offender placed in the custody of the Office of Juvenile
1366	2419		Affairs who has attained eighteen (18) years of age or older may
1367	2420		authorize and consent to the medical care sought on behalf of the
1368	2421		youthful offender by the Office of Ju venile Affairs and to be
1369	2422		provided to the youthful offender by a qualified h ealth care
1370	2423		professional. No st ate employee shall be liable for the costs of
	2424	+
	2425	+	ENGR. H. A. to ENGR. S. B. NO. 217 Page 48 1
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	2449	+
1371	2450		any medical care or behavioral health services provided to any child
1372	2451		in the custody of the Office of Juv enile Affairs.
1373		-
1374	2452		D. E. A youthful offender in the custody of the Office of
1375	2453		Juvenile Affairs shall:
1376		-
1377	2454		1. Be entitled to the rights afforded j uvenile delinquents
1378	2455		pertaining to any due process afforded delinquents in regard to
1379	2456		movement from a nonsecure to a se cure placement; and
1380		-
1381	2457		2. As appropriate to the age and circumstances of the you thful
1382	2458		offender, be provided educ ation, employment, and employ ment skills
1383	2459		and vocational and technical or higher education services,
1384	2460		apprenticeship programs and similar opportunit ies.
1385		-
1386	2461		E. F. The Office of Juvenile Affairs shall have standing to
1387	2462		seek review, including an appellate review, of any order directing
1388	2463		the Office of Juvenile Affairs to take any action with regard to a
1389	2464		youthful offender placed in the custody or under the su pervision of
1390	2465		the Office of Juvenile Affairs.
1391		-
1392	2466		SECTION 12. AMENDATORY 10A O.S. 2021, Section 2 -5-213,
1393	2467		is amended to read as follows:
1394		-
1395	2468		Section 2-5-213. A. Upon the motion o f a person who has been
1396	2469		convicted adjudicated and sentenced as a youthful offender and who
1397	2470		has been subsequently t ransferred to the adult system pursuant to
1398	2471		Section 2-5-210 10 of this title act, with the recommendation of the
1399	2472		sentencing court, the Governor may grant a full and complete pardon
1400	2473		and restore citizenship to any person who has been convicted and
1401	2474
1402		-	ENR. S. B. NO. 217 Page 33
	2475	+	ENGR. H. A. to ENGR. S. B. NO. 217 Page 49 1
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1403	2500		sentenced as a youthful offender an adult and who has completed the
1404	2501		sentence or been discharged fr om parole.
1405		-
1406	2502		B. Upon the motion of a person convicted as a youthful
1407	2503		offender, and three (3) years after the expiratio n of the sentence
1408	2504		of the youthful offe nder, the court may set aside t he conviction if:
1409		-
1410	2505		1. The court has previously found that the person ha s
1411	2506		reasonably complied with the rehabilitation plan and objectives;
1412		-
1413	2507		2. The person was discharged from supervision by the Office of
1414	2508		Juvenile Affairs, or wa s granted early discharge from such
1415	2509		supervision by the court; or
1416		-
1417	2510		3. The person has completed the sent ence imposed as a result of
1418	2511		his first conviction as a y outhful offender and has no subsequent
1419	2512		convictions.
1420		-
1421	2513		If a conviction is set aside pursuant to this s ubsection, the
1422	2514		youthful offender shall thereafter be released from all penalties
1423	2515		and disabilities resu lting from the offense for which such person
1424	2516		was convicted, including but not limited to, any disqualification
1425	2517		for any employment or occupational license, or both, created by any
1426	2518		other provision of law. The court may in addition order any law
1427	2519		enforcement agency over whom the court has jurisdiction to produce
1428	2520		all files and records pertaining to said arrest and convictio n of
1429	2521		the youthful offender and shall o rder the clerk of the court to
1430	2522		destroy the entire file and record of the case, including docket
1431	2523		sheets, index entries, court records, summons, warrants or re cords
	2524	+
	2525	+	ENGR. H. A. to ENGR. S. B. NO. 217 Page 50 1
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1432	2550		in the office of the clerk or which have been produced by a law
1433	2551		enforcement agency in which t he name of the youthful offende r is
1434	2552		mentioned. The court may order probation officers and counselors to
1435	2553		destroy all records, reports, and social and clinica l studies
1436	2554		relating to said youthful offender that are in thei r possession
1437	2555		except when said document s are necessary to maintain sta te or
1438	2556		federal funding.
1439		-
1440		-	SECTION 13. REPEALER 10A O.S. 2021, Sections 2-5-206, 2-
	2557	+	SECTION 13. NEW LAW A new section of law to be codified
	2558	+	in the Oklahoma Statutes as Section 332.2A of Title 57, unless there
	2559	+	is created a duplication in numbering, reads as follows:
	2560	+	A. The Governor shall be required to attend and appear, in
	2561	+	person, at all Stage Two Commutation Hearings held by the Pardon and
	2562	+	Parole Board at the time and date designated by the Board.
	2563	+	B. While reviewing recommendations for commutations submitted
	2564	+	by the Pardon and Parole Board, the Governor shall be required to
	2565	+	provide his or her signature on every document including, but not
	2566	+	limited to, the recommendation for commutation, commutation
	2567	+	application, protest letters submitted on behalf of th e victim or
	2568	+	representatives of the victim, and letters of support submitted on
	2569	+	behalf of the applicant .
	2570	+	C. Prior to approving or denying any recommendation for
	2571	+	commutation, the Governor shall personally meet with the victim or
	2572	+	representative of the victim to allow said victim or representative
	2573	+	of the victim to discuss the criminal case, victim impact
	2574	+
	2575	+	ENGR. H. A. to ENGR. S. B. NO. 217 Page 51 1
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	2600	+	statements, or letters of protest previously submitted to the Pardon
	2601	+	and Parole Board.
	2602	+	D. The Pardon and Parole Board shall be prohibited from
	2603	+	submitting to the Governor recommendations for commutation for
	2604	+	persons who have been sentenced to death.
	2605	+	SECTION 14. REPEALER 10A O.S. 2021, Sections 2-5-206, 2-
1441	2606		5-207, 2-5-208, 2-5-209, and 2-5-210, are hereby repealed.
1442		-
1443		-	SECTION 14. This act shall become effective November 1, 2022.
1444		-
1445		-
1446		-	ENR. S. B. NO. 217 Page 34
1447		-	Passed the Senate the 19th day of May, 2022.
	2607	+	SECTION 15. This act shall become effective November 1, 2022."
	2608	+	Passed the House of Representatives the 28th day of April, 2022.
	2609	+
	2610	+
	2611	+
	2612	+
	2613	+
	2614	+	Presiding Officer of the House of
	2615	+	Representatives
	2616	+
	2617	+
	2618	+	Passed the Senate the ____ day of _______ ___, 2022.
	2619	+
	2620	+
1448	2621
1449	2622
1450	2623
1451	2624		Presiding Officer of the Senate
1452	2625
1453	2626
1454		-	Passed the House of Representatives the 19th day of May, 2022.
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	2651	+
	2652	+	ENGROSSED SENATE
	2653	+	BILL NO. 217 By: Howard of the Senate
	2654	+
	2655	+	and
	2656	+
	2657	+	Moore of the House
	2658	+
	2659	+
	2660	+
	2661	+
	2662	+	An Act relating to the Oklahoma Juvenile Code ;
	2663	+	amending 10A O.S. 2021, Sections 2-5-201, 2-5-202, 2-
	2664	+	5-203, 2-5-204, and 2-5-205, which relate to the
	2665	+	Youthful Offender Act; removing obsolete
	2666	+	implementation date; modifying definitions; stating
	2667	+	legislative intent; prohibiting requirement for
	2668	+	disclosure of certain i nformation; providing
	2669	+	exception; requiring d istrict attorney to provide
	2670	+	certain information to the Office of Juvenile Affairs
	2671	+	for certification study; requiring person to be
	2672	+	charged or prosecuted as an adult under certain
	2673	+	circumstances; modifying requirements and procedures
	2674	+	for charging as a juvenil e delinquent; modifying
	2675	+	requirements and procedures for c harging as a
	2676	+	youthful offender or adult; modifying procedures for
	2677	+	appointment of counsel; specifying eligibility for
	2678	+	youthful offender statu s upon commission of certain
	2679	+	crimes; specifying procedures for charging person as
	2680	+	youthful offender or as an adult; establishing
	2681	+	certain presumption; a llowing waiver of certain
	2682	+	preliminary hearing within specified time period;
	2683	+	prohibiting adult sentence under certain
	2684	+	circumstances; providing for waiver of certain right
	2685	+	under certain circumstances; modifying procedures f or
	2686	+	certification as a juvenile; establishing procedures
	2687	+	for motions for certification as a juveni le;
	2688	+	requiring certification study; al lowing waiver of
	2689	+	certain study; authorizing fee for completion of
	2690	+	certain study; requiring court to consider certain
	2691	+	guidelines; requiring written order for decision on
	2692	+	certain motion; authorizing appeal of certain order
	2693	+	to the Court of Criminal Appeals; prohibiting review
	2694	+	by trial court of certain certification order;
	2695	+	establishing procedures for motions for imposition of
	2696	+	adult sentence; requiring certification study;
	2697	+	allowing waiver of certain study; authorizing fee for
	2698	+	completion of certain study; requiring court to
	2699	+
	2700	+	ENGR. S. B. NO. 217 Page 2 1
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	2725	+	consider certain guidelines; specifying burden of
	2726	+	proof for establishing eligibility for impos ition of
	2727	+	adult sentence; requiring written order for decision
	2728	+	on certain motion; authorizing appeal of certain
	2729	+	order to the Court of Criminal Appeals; prohibiting
	2730	+	review by trial court of certain order; esta blishing
	2731	+	requirements for imposition of sentence for youthful
	2732	+	offender; specifying placement option s for youthful
	2733	+	offender; prohibiting certain sentence from exceeding
	2734	+	maximum term; requiring certain filing; requiring
	2735	+	rehabilitation plan upon certain placement;
	2736	+	specifying required contents of rehabilitation p lan;
	2737	+	establishing procedures for certain review hearings;
	2738	+	requiring certain notice; authorizing certain actions
	2739	+	by the court at certain review hearin gs; requiring
	2740	+	certain hearing prior to eighteenth birthday o f
	2741	+	youthful offender; requiring court to make certain
	2742	+	determinations; authorizing extension of jurisdiction
	2743	+	under certain circumstances; providing for final
	2744	+	disposition of youthful off ender; authorizing appeal
	2745	+	of certain order to the Court of Criminal Appea ls;
	2746	+	defining terms; establishing procedures for transfer
	2747	+	of youthful offender to the custody of the Department
	2748	+	of Corrections; specifying burden of proof for
	2749	+	certain finding; requiring written order for certain
	2750	+	transfer; requiring certain transfer order to be
	2751	+	recorded as an adult conviction; requiring court to
	2752	+	provide certain information to Department of
	2753	+	Corrections upon transfer of custody of a youthful
	2754	+	offender; providing for application of certain
	2755	+	credits; establishing procedures for certain
	2756	+	expungement; defining term; amending 10 A O.S. 2021,
	2757	+	Sections 2-5-212 and 2-5-213, which relate to the
	2758	+	Youthful Offender Act; clarifying authori ty of the
	2759	+	Office of Juvenile Affairs for custody of youthful
	2760	+	offender; clarifying authority of court for certain
	2761	+	reintegration; conforming language for certain
	2762	+	adjudications; modifying statutory references;
	2763	+	repealing 10A O.S. 2021, Sections 2-5-206, 2-5-207,
	2764	+	2-5-208, 2-5-209, and 2-5-210, which relate to the
	2765	+	Youthful Offender Act; providing for codification;
	2766	+	and providing an effective date.
	2767	+
	2768	+
	2769	+
	2770	+
	2771	+	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
	2772	+
	2773	+	ENGR. S. B. NO. 217 Page 3 1
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	2797	+
	2798	+	SECTION 16. AMENDATORY 10A O.S. 2021, Section 2 -5-201,
	2799	+	is amended to read as follows:
	2800	+	Section 2-5-201. Sections 2-5-201 through 2-5-213 of this title
	2801	+	shall be known and may be cited as the "Youthful Offender Act". The
	2802	+	Youthful Offender Act shall be implemented beginning January 1,
	2803	+	1998.
	2804	+	SECTION 17. AMENDATORY 10A O.S. 2021, Section 2 -5-202,
	2805	+	is amended to read as follows:
	2806	+	Section 2-5-202. A. For the purposes of the Youthful Offender
	2807	+	Act:
	2808	+	1. "Youthful offender" means a person:
	2809	+	a. thirteen (13) or fourteen (14) years of age who is
	2810	+	charged with murder in the first degree and cert ified
	2811	+	as a youthful offender as provided by Section 2 -5-205
	2812	+	of this title,
	2813	+	b. fifteen (15), sixteen (16), or s eventeen (17) years of
	2814	+	age and charged with a crime l isted in subsection A C
	2815	+	of Section 2-5-206 2-5-205 of this title, and
	2816	+	c. sixteen (16) or seventeen (17 ) years of age and
	2817	+	charged with a crime listed i n subsection B E of
	2818	+	Section 2-5-206 2-5-205 of this title,
	2819	+	if the offense was committed on or after January 1, 1998 November 1,
	2820	+	2022; provided, the state shall not base the timing of the filing of
	2821	+
	2822	+	ENGR. S. B. NO. 217 Page 4 1
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	2847	+	any charges solely on the applicability of the Youthful Offender
	2848	+	Act;
	2849	+	2. "Sentenced as a youthful offender " means the imposition of a
	2850	+	court order making disposition of a youthful offender as prov ided by
	2851	+	Section 2-5-209 of this title which shall constitute an adult
	2852	+	criminal sentence if the youthful offender is tra nsferred to the
	2853	+	custody or supervision of the Departm ent of Corrections; and
	2854	+	3. "Next friend" means an individual or executive of an
	2855	+	organization who has assumed a parental role without formal legal
	2856	+	proceedings, but to all objective observers is readily i dentified as
	2857	+	custodian or guardian in fact ;
	2858	+	4. "Certification as an adult" means a person for whom the
	2859	+	court has granted a motion for the imposition of an adult s entence
	2860	+	pursuant to subsection C of Section 7 of this act;
	2861	+	5. "Certification as a ju venile" means a person for whom the
	2862	+	court has granted a motion for certification as a juvenile pursuant
	2863	+	to subsection B of Section 6 of this act;
	2864	+	6. "Certification study" means a report prepared for the court
	2865	+	by the Office of Juvenile Affairs that includes but is not limited
	2866	+	to information related to the circumstances of an offense, any
	2867	+	injury that may have occurre d, the history of the person in the
	2868	+	juvenile justice system, and a psychological evaluation. Such study
	2869	+	shall address the guidelines established in subsection B of Section
	2870	+	6 of this act; and
	2871	+
	2872	+	ENGR. S. B. NO. 217 Page 5 1
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	2896	+
	2897	+	7. "Juvenile delinquent" means a person who is accused of
	2898	+	committing an act which could be prosecuted under subsection A, B,
	2899	+	C, D, or E of Section 2-5-205 of this title and against whom the
	2900	+	district attorney has cho sen to file a petition alleging the person
	2901	+	as delinquent.
	2902	+	B. It is the purpose of the Youthful Offender A ct to better
	2903	+	ensure the public safety by hold ing youths accountable for the
	2904	+	commission of serious crim es, while affording courts methods of
	2905	+	rehabilitation for those youths the courts determine, at their
	2906	+	discretion, may be amenable to such methods. It is t he further
	2907	+	purpose of the Youthful Offender A ct to allow those youthful
	2908	+	offenders whom the courts find to be amenable to rehabilitation by
	2909	+	the methods prescribed in the Youthful Offender Act to be placed in
	2910	+	the custody or under the supervision of the Offic e of Juvenile
	2911	+	Affairs for the purpose of acce ssing the rehabilitative programs
	2912	+	provided by that Office .
	2913	+	C. It is the intent of the Legislature to ful ly utilize the
	2914	+	Youthful Offender Act as a means to pr otect the public while
	2915	+	rehabilitating and holding youth accountable for serious crimes.
	2916	+	The Legislature finds that eligible seventeen -year-olds should have
	2917	+	the opportunity to be processed as youthful of fenders as provided by
	2918	+	law and held accountable throu gh the provisions of the Youthful
	2919	+	Offender Act for custody, institutional placement, su pervision,
	2920	+	extended jurisdiction within the Office of Juvenile Affa irs (OJA),
	2921	+
	2922	+	ENGR. S. B. NO. 217 Page 6 1
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	2947	+	and the ability to transfer youthful o ffenders to the Department of
	2948	+	Corrections when incarc eration or additional supervision is required
	2949	+	beyond the maximum age allowed in the OJA. No older youth should be
	2950	+	deemed ineligible or d enied consideration as a youthful offender who
	2951	+	is otherwise lawfully eligible based upon the age of the youth being
	2952	+	seventeen (17) years, but it is the intent of the Legisl ature that
	2953	+	such youthful offender shall not remain in the custody or under the
	2954	+	supervision of the OJA beyond the youthful offender's maximum age of
	2955	+	eighteen (18) years and six (6) months or until nineteen (19) years
	2956	+	of age if jurisdiction has been ex tended as provided in subsection D
	2957	+	of Section 9 of this act. To deny access to an otherwise eligible
	2958	+	older youth without cause is to circumvent the origina l intent of
	2959	+	the Legislature in creating the Youthful Offender Act.
	2960	+	D. Unless otherwise provided by law, w hen a court determines
	2961	+	that a youthful offender has successfully completed his or her
	2962	+	treatment and rehabilitation plan and is discharged by the court
	2963	+	without a court judgment of guilt and the case dismi ssed with
	2964	+	prejudice, the arrest or adjudication recor d does not have to be
	2965	+	disclosed for the purposes of employment, civil rights, or any
	2966	+	regulation, license, questionnaire, application, or any other public
	2967	+	purpose. Any prohibition regarding possession of firearms pursuant
	2968	+	to Section 1283 of Title 21 of the Oklahoma Statutes shall still be
	2969	+	applicable.
	2970	+
	2971	+	ENGR. S. B. NO. 217 Page 7 1
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	2996	+	E. In any case for which the court orders a cert ification
	2997	+	study, the district attorney shall provide to the Office of Juvenile
	2998	+	Affairs (OJA) a copy of any police report and all other relevant
	2999	+	documents or information in the possession of the district attorney
	3000	+	or any other law enforcement agenc y that has reported to the
	3001	+	district attorney in the case, which should be considered in
	3002	+	preparing the ordered report. The police reports, any report from
	3003	+	the Oklahoma State Bureau of Investigation , and any other relevant
	3004	+	documents or information as available, shall be provided to the OJA
	3005	+	within five (5) business days o f the issuance of the order.
	3006	+	F. In any case for which the court orders a certification
	3007	+	study, the attorney for the youth is ordered to provide to OJA the
	3008	+	names and contact information of the youth's parents, guardians, or
	3009	+	next friend, along with any relev ant documents or information the
	3010	+	youth requests OJA to consider in the preparation of the ordered
	3011	+	report. The names and contact information and any other documents
	3012	+	or information shall be provided to OJA within five (5) business
	3013	+	days of the issuance of th e order.
	3014	+	SECTION 18. AMENDATORY 10A O.S. 2021, Section 2-5-203,
	3015	+	is amended to read as follows:
	3016	+	Section 2-5-203. A. 1. A child who is charged with having
	3017	+	violated any a state statute or municipal ordinance other than as
	3018	+	provided in Sections Section 2-5-205 and 2-5-206 of this title shall
	3019	+	not be tried in a criminal action as a n adult or a youthful
	3020	+
	3021	+	ENGR. S. B. NO. 217 Page 8 1
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	3046	+	offender, but in a juvenile proceeding, unless previously
	3047	+	adjudicated as a youthful offe nder or sentenced as an adult under
	3048	+	the provisions of the Youthful Offender Act or certified as an adult
	3049	+	pursuant to Section 2-2-403 of this title.
	3050	+	2. However, when When multiple offenses occur within the same
	3051	+	course of conduct within the same county and the person is
	3052	+	prosecuted for at least one offense as a youthful offender or as an
	3053	+	adult pursuant to subsection A, B, C, D, or E of Section 2-5-205 or
	3054	+	2-5-206 of this title, then all the charges may be prosecuted under
	3055	+	the same action pursuant to the provis ions of the Youthful Offender
	3056	+	Act, if so ordered by the court. The decision to join the cases
	3057	+	shall not be appealable as a final order. If the offense or
	3058	+	offenses listed in subsection A, B, C, D, or E of Section 2-5-205 or
	3059	+	Section 2-5-206 of this title is are subsequently dismissed for any
	3060	+	reason, or if a verdict of not guilty is returned, then any
	3061	+	remaining pending charges shall be transferred to the j uvenile
	3062	+	court.
	3063	+	B. If, during the pendency of a criminal or quasi-criminal
	3064	+	charge against any person action under the Youthful Offender Act, it
	3065	+	shall be ascertained that the person was a child at the time of
	3066	+	committing the alleged offense and had not reached the age
	3067	+	requirement for filing charges under subsection A, B, C, D, or E of
	3068	+	Section 2-5-205 of this title, the district court or municipal court
	3069	+	shall immediately transfer the case, together with all the papers,
	3070	+
	3071	+	ENGR. S. B. NO. 217 Page 9 1
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	3096	+	documents and testimony connected therewi th, to the juvenile
	3097	+	division of the district court. The division making such transfer
	3098	+	shall order the child to be taken forthwith to the place of
	3099	+	detention designated by the juvenile division, to that division
	3100	+	itself, or release such child to the custody of some suitable person
	3101	+	to be brought before the juvenile division.
	3102	+	C. Nothing in this section shall be construed to prevent the
	3103	+	exercise of concurrent jurisdiction by another division of the
	3104	+	district court or by municipal courts in cases involving childr en
	3105	+	wherein the child is charged with the violation of a state or
	3106	+	municipal traffic law or ordinance.
	3107	+	D. 1. If a person commits an act which could have been charged
	3108	+	under subsection A, B, C, D , or E of Section 2-5-205 of this title
	3109	+	but, through no fault of the state, the crime was not reported or
	3110	+	did not become known to the district attorney or law enforcem ent
	3111	+	until the person reached eighteen (18) years of age, the person
	3112	+	shall be held accountable for his or her act as an adult and shall
	3113	+	not be subject to the provision s of the Youthful Offender Act or the
	3114	+	provisions of the Juvenile Code for certification as a juvenile.
	3115	+	2. In the event a person who is charged as a youthful offender
	3116	+	with a crime listed in subsection A, B, C, D, or E of Section 2-5-
	3117	+	205 of this title willfully and purposefully avoids arrest after
	3118	+	reasonable attempts by law enforcement to appreh end on his or her
	3119	+
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	3145	+	warrant shall be prosecuted as an adult if apprehended after the
	3146	+	person turns eighteen (18) years of age.
	3147	+	SECTION 19. AMENDATORY 10A O.S. 2021, Section 2 -5-204,
	3148	+	is amended to read as follows:
	3149	+	Section 2-5-204. A. A child who is arrested for an offense
	3150	+	pursuant to subsection A or B of Section 2 -5-206 of this title, or
	3151	+	who is certified as a youthful offender p ursuant to subsection A, B,
	3152	+	C, D, or E of Section 2-5-205 of this title, shall may, depending on
	3153	+	the child's age and alleged crime, be charged by as a juvenile
	3154	+	delinquent, youthful offender, or an adult. If c harged as a
	3155	+	juvenile delinquent, a petition shall be filed. If charged as a
	3156	+	youthful offender or adult, an information in the same manner as
	3157	+	provided for adults shall be filed. At any time after the ch ild is
	3158	+	charged as a youthful offender or adult, the d istrict attorney may
	3159	+	dismiss the information and file a juvenile delinquent petition.
	3160	+	B. If the child is not otherwise represented by counsel and
	3161	+	either the child, his or her parent, guardian, or next friend
	3162	+	requests an attorney prior to or during interro gation, or whenever
	3163	+	upon being charged by information, as provided in subsection A of
	3164	+	this section, the court shall appoint an attorney, who shall not be
	3165	+	a district attorney, for the child regardless of any attempted
	3166	+	waiver by the parent, legal guardian, or other legal custodian of
	3167	+	the child next friend of the right of the child to be represented by
	3168	+	counsel. Counsel shall be appointed by If the court only upon
	3169	+
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	3194	+
	3195	+	determination by appoints an attorney for a child for the
	3196	+	interrogation or at the initial appeara nce, the court that the shall
	3197	+	review the appointment at a subsequent hearing to determine if the
	3198	+	child, parent, legal guardian, or legal custodian is found to be
	3199	+	indigent next friend qualifies for a cour t-appointed attorney.
	3200	+	C. When a person is certified proceeds to stand trial as either
	3201	+	a youthful offender or as an adult or a youthful offender as
	3202	+	provided by the Youthful Off ender Act, the accused person sh all have
	3203	+	all the statutory and constitutional ri ghts and protections o f an
	3204	+	adult accused of a crime . All proceedings shall be as for a
	3205	+	criminal action and the provisions of Title 22 of the Oklahoma
	3206	+	Statutes shall apply, exc ept as provided for in the Youth ful
	3207	+	Offender Act.
	3208	+	D. All youthful offender cour t records for a person who is
	3209	+	certified to stand tria l as an adult or youthful offender shall be
	3210	+	considered adult records and shall not be subject to the provisions
	3211	+	of Chapter 6 of the Oklahoma Juvenile Code; provided, however, all
	3212	+	reports, evaluations, mo tions, records, exhibi ts or documents
	3213	+	regarding the educational history, mental health or medical
	3214	+	treatment or condition of the offender person that are submitted to
	3215	+	the court or admitted into evidence during the hearing on the motion
	3216	+	for certification as a juvenile or a youthful offender to the
	3217	+	juvenile system or on the motion for imposition of an adult sentence
	3218	+	shall be confidential and shall b e filed or admitted under seal,
	3219	+
	3220	+	ENGR. S. B. NO. 217 Page 12 1
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	3244	+
	3245	+	except that such records sha ll be provided to the Office of Juvenile
	3246	+	Affairs. Any testimony regarding the reports, evaluations, mo tions,
	3247	+	records, exhibits or documents shall be given in camer a and shall
	3248	+	not be open to the g eneral public; provided, all persons having a
	3249	+	direct interest in the case as provided in paragraph 1 of subsectio n
	3250	+	A of Section 2-2-402 of this title shall be allo wed to be present
	3251	+	during the testimony but shall be admonishe d not to discuss the
	3252	+	testimony following the hearing. All reports, evaluations, motions,
	3253	+	records, exhibits or documents shall be released from u nder seal by
	3254	+	order of the court if the youthful of fender is sentenced to the
	3255	+	custody or supervision of the Depa rtment of Corrections by the cou rt
	3256	+	pursuant to paragraph 1 of subsection B of Section 2 -5-209 or
	3257	+	paragraph 5 of subsection B of Section 2 -5-210 of this title or if
	3258	+	the juvenile or youthful offend er is later charged as an adult with
	3259	+	a felony crime.
	3260	+	E. Proceedings against a youthful offen der shall be heard by
	3261	+	any judge of the district court.
	3262	+	F. Upon arrest and detention of a person subject to the
	3263	+	provisions of Section 2-5-205 or 2-5-206 of this title the Youthful
	3264	+	Offender Act, the person has the same right to be released on bail
	3265	+	as would an adult in the same circu mstances.
	3266	+	G. Upon certification for the imposition of an adult sentence,
	3267	+	a verdict of guilty or entry of a plea of guilty or nolo contender e
	3268	+	by a youthful offender who has been certified for the im position of
	3269	+
	3270	+	ENGR. S. B. NO. 217 Page 13 1
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	3294	+
	3295	+	an adult sentence as provided by Section 2—5-208 2-5-207 of this
	3296	+	title, the person may be detained in an adult jail, adult lockup,
	3297	+	adult detention facility or other adult facility if tha t facility is
	3298	+	licensed by the State Department of Health t o detain children under
	3299	+	eighteen (18) years of age while the perso n is awaiting housing by
	3300	+	the Department of Corrections.
	3301	+	H. A child or youthful offender shall be tried as an adult in
	3302	+	all subsequent criminal prosecutions, and shall not be subject to
	3303	+	the jurisdiction of the juvenile court as a juvenile delinquent or
	3304	+	youthful offender processes in any further proceedings if:
	3305	+	1. The child or youthfu l offender has been certified to stand
	3306	+	trial as an adult pursuant to any certification procedure provided
	3307	+	by law and is subsequently convicted of the alleged offense or
	3308	+	against whom the imposition of judgment and sentence has been
	3309	+	deferred; or
	3310	+	2. The youthful offender has been certified for the imposition
	3311	+	of an adult sentence as provided by Section 2-5-208 2-5-207 of this
	3312	+	title and is subsequently convicted of the alleged offense or
	3313	+	against whom the imposition of judgment and sentencing has been
	3314	+	deferred.
	3315	+	I. Except as otherwise provided in the Youthful Offe nder Act, a
	3316	+	person who has been certifi ed as a youthful offender shall be
	3317	+	prosecuted as a youthful offender in all subsequent crimin al
	3318	+
	3319	+	ENGR. S. B. NO. 217 Page 14 1
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	3343	+
	3344	+	proceedings until the youthful offender has attained eighteen (18)
	3345	+	years of age.
	3346	+	All proceedings for the commission of a crime committed after a
	3347	+	youthful offender has reached eighteen (18) years of age shall be
	3348	+	adult proceedings.
	3349	+	SECTION 20. AMENDATORY 10A O.S. 2021, Section 2-5-205,
	3350	+	is amended to read as follows:
	3351	+	Section 2-5-205. A. Any person thirteen (13) or fourteen (14)
	3352	+	years of age who is charged with murder in the first degree shall be
	3353	+	held accountable for the act as if the person were an adu lt;
	3354	+	provided, the person may be certified as a youthful offender or a
	3355	+	juvenile as provided by this sec tion, unless the person is subject
	3356	+	to the provisions of subsection H of Section 2-5-204 of this title.
	3357	+	B. Any person fifteen (15), sixteen (16) or sevent een (17)
	3358	+	years of age who is charged with murder in the first degree or rape
	3359	+	in the first degree or attempt thereof at that time shall be held
	3360	+	accountable for his or her act as if the person was an adult an d
	3361	+	shall not be subject to the provisions of the Yo uthful Offender Act
	3362	+	or the provisions of the Juvenile Code for certification as a
	3363	+	juvenile. The perso n shall have all the statutory rights and
	3364	+	protections of an adult accused of a crime. All proceedings s hall
	3365	+	be as for a criminal action and the provision s of Title 22 of the
	3366	+	Oklahoma Statutes sh all apply. A person having been convicted as an
	3367	+
	3368	+	ENGR. S. B. NO. 217 Page 15 1
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	3392	+
	3393	+	adult pursuant to this paragraph shall be tried as an adult for
	3394	+	every subsequent offense.
	3395	+	C. 1. Any person fifteen (15), sixteen (16) or seventeen (17)
	3396	+	years of age who is charged with:
	3397	+	1. Murder in the second de gree;
	3398	+	2. Kidnapping or attempt thereof;
	3399	+	3. Manslaughter in the first degree;
	3400	+	4. Robbery with a dangerous wea pon or a firearm or attempt
	3401	+	thereof;
	3402	+	5. Robbery in the first degree or attempt thereof;
	3403	+	6. Robbery committed by two or more persons;
	3404	+	7. Rape by instrumentation or attempt thereof;
	3405	+	8. Forcible sodomy;
	3406	+	9. Lewd acts or proposals to a child under sixteen (16) years
	3407	+	of age or any offense in violation of subsection A of Section 1123
	3408	+	of Title 21 of the Oklahoma Statutes;
	3409	+	10. Domestic abuse by strangulation;
	3410	+	11. Arson in the first degree or attempt th ereof; or
	3411	+	12. Any offense in violation of Section 652 of Title 21 of the
	3412	+	Oklahoma Statutes,
	3413	+	shall be held accountable for suc h acts as a youthful offende r;
	3414	+	provided, the person may be certified as a juv enile or as an adult
	3415	+	as provided by the provisions of the Youthful Offender Act.
	3416	+
	3417	+	ENGR. S. B. NO. 217 Page 16 1
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	3442	+	D. At the sole discretion of the district attorney, any person
	3443	+	fifteen (15), sixteen (16) or seve nteen (17) years of age who is
	3444	+	charged with rape in the first degree or attem pt thereof may be held
	3445	+	accountable for his or her act as if the person was an adult or as a
	3446	+	youthful offender. When charged as an adult, the person shall have
	3447	+	all the statutory rights and protections of an adult accused of a
	3448	+	crime. All proceedings shall be as for a criminal ac tion and the
	3449	+	provisions of Title 22 of the Oklahoma Statutes shall apply. A
	3450	+	person having been convicted as an adult pursuant to this subsection
	3451	+	shall be tried as an adult for every s ubsequent offense. When
	3452	+	charged as a youthful of fender, the person shal l be held accountable
	3453	+	for such acts as a youthful offender; provided, the person may be
	3454	+	certified as a juvenile or as an adult as provided b y the Youthful
	3455	+	Offender Act.
	3456	+	E. Any person sixteen (16) or seventeen (17) years of age who
	3457	+	is charged with:
	3458	+	1. Burglary in the first degree or a ttempted burglary in the
	3459	+	first degree;
	3460	+	2. Battery or assault and battery on a state employee or
	3461	+	contractor while in the custo dy or supervision of the Off ice of
	3462	+	Juvenile Affairs;
	3463	+	3. Aggravated assault a nd battery of a police officer;
	3464	+	4. Intimidating a witness;
	3465	+	5. Trafficking in or manufacturing illegal drugs;
	3466	+
	3467	+	ENGR. S. B. NO. 217 Page 17 1
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	3492	+	6. Assault and battery with a deadly weapon;
	3493	+	7. Maiming;
	3494	+	8. Residential burglary in the secon d degree after two or more
	3495	+	adjudications that are separated in time for delinquency for
	3496	+	committing burglary in the first degree or residential burglary in
	3497	+	the second degree;
	3498	+	9. Rape in the second degree; or
	3499	+	10. Use of a firearm while in commission of a f elony,
	3500	+	may be held accountable for such acts as a youthful offender;
	3501	+	provided, the person may be certi fied as a juvenile or as an adult
	3502	+	as provided by the Youthful Offender Act.
	3503	+	F. 1. For any charges listed in Sections A, C, D, or E of this
	3504	+	section, the district attorney may elect to file a petition al leging
	3505	+	the person to be delinquent or may file an inf ormation charging the
	3506	+	person as a youthful offender. The district attorney shall
	3507	+	immediately notify the Office of Juvenile Aff airs upon the filing of
	3508	+	any youthful offender charges.
	3509	+	2. After an information has been filed charg ing a person as a
	3510	+	youthful offender under Sections A, C, D, or E of this section, or
	3511	+	as an adult under subsection B of this section, the district
	3512	+	attorney may elect to amend or dismis s the information and refile
	3513	+	any or all charges i n a delinquent petition.
	3514	+
	3515	+	ENGR. S. B. NO. 217 Page 18 1
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	3539	+
	3540	+	3. Upon the filing of an in formation, the person's complete
	3541	+	juvenile record shall be made available to the district attorney and
	3542	+	the person's attorney.
	3543	+	G. 1. Upon the filing of an adult criminal information against
	3544	+	such accused a person, a warrant shall be issued which shall set
	3545	+	forth the rights of the accused person, and the rights of the
	3546	+	parents, guardian, or next friend of the accused person to be
	3547	+	present at the preliminary hear ing, and to have an attorney present
	3548	+	and to make application for cert ification of such accused person as
	3549	+	a youthful offender to the district court for the purpose of
	3550	+	prosecution as a youthful offen der.
	3551	+	2. The warrant shall be personally served together wi th a
	3552	+	certified copy of the information on the accused person and on a
	3553	+	custodial parent, guardia n, or next friend of the accused person.
	3554	+	The court may inquire of the accused as to the whereabouts of his or
	3555	+	her parents, guardian, or next friend in order to avoid unnecessary
	3556	+	delay in the proceedings.
	3557	+	3. When personal service of a custodial parent, gua rdian, or
	3558	+	next friend of the accused person cannot be effected completed,
	3559	+	service may be made by certified mail t o such the person's last-
	3560	+	known address, requesting a return receipt from the addressee only.
	3561	+	If delivery is refused, notice may be given by mailing the warrant
	3562	+	and a copy of the accused's warrant information on the accused
	3563	+	person by regular first-class mail to the addres s where the person
	3564	+
	3565	+	ENGR. S. B. NO. 217 Page 19 1
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	3589	+
	3590	+	to be notified refused delivery of the notice sent by certified
	3591	+	mail. Where the address of a custodial parent, gu ardian or next
	3592	+	friend is not known, or if the mailed copy of the accused's warrant
	3593	+	and copy of the information on the accused person is returned for
	3594	+	any reason other than refusal of the addressee to acce pt delivery,
	3595	+	after a thorough search of all reasonably available sources to
	3596	+	ascertain the whereabouts of a custodial parent, gu ardian, or next
	3597	+	friend has been conducted, the co urt may order that notice of the
	3598	+	hearing be given by publication one time in a n ewspaper of general
	3599	+	circulation in the county. In addition, the The court may also
	3600	+	order other means of service of notice that the court deems
	3601	+	advisable or in the interests of justice.
	3602	+	4. Before service by publication is ordered, the court shall
	3603	+	conduct an inquiry to determ ine whether a thorough search has been
	3604	+	made of all reasonably available sources to ascertain the
	3605	+	whereabouts of any party person for whom notice by publicat ion is
	3606	+	sought.
	3607	+	D. 1. The accused person shall file any motions for
	3608	+	certification as a youthful off ender or a juvenile before the start
	3609	+	of the criminal preliminary hearing. If both a motion for
	3610	+	certification as a youthful offender and a motion for certif ication
	3611	+	as a juvenile are filed , they shall both be heard at the same time.
	3612	+	No motion for certifica tion as a youthful offender or certification
	3613	+	as a juvenile may be filed after the time specified in this
	3614	+
	3615	+	ENGR. S. B. NO. 217 Page 20 1
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	3640	+	subsection. Upon the filing of such motion, the co mplete juvenile
	3641	+	record of the accused shall be made available to the district
	3642	+	attorney and the accus ed person. All reports, evaluations, motions,
	3643	+	records, exhibits or documents regarding the educati onal history,
	3644	+	mental health or medical treatment or condi tion of the offender that
	3645	+	are submitted to the court or admitted into evidence during the
	3646	+	hearing on the motion for certification as a youthful offender to
	3647	+	the juvenile system or motion for impositio n of an adult sentence
	3648	+	are confidential and shall be file d or admitted under seal, excep t
	3649	+	that such records shall be provided to the Office of Juvenile
	3650	+	Affairs. Any testimony regarding the reports, evaluations, motions,
	3651	+	records, exhibits or documents shal l be given in camera and shall
	3652	+	not be open to the general public; provided, all persons having a
	3653	+	direct interest in the case as provided in paragraph 1 of su bsection
	3654	+	A of Section 2-2-402 of this title shall be allowed to be present
	3655	+	during the testimony but shall be admonished not to discuss the
	3656	+	testimony following the hearing. All reports, e valuations, motions,
	3657	+	records, exhibits or documents shall be released from under seal by
	3658	+	order of the court if the youthful offender is sentenced t o the
	3659	+	custody or supervision of the Department of Corrections by the court
	3660	+	pursuant to either paragraph 1 of subsection B of Section 2-5-209 or
	3661	+	paragraph 5 of subsection B of Section 2-5-210 of this title or if
	3662	+	the juvenile or youthful offender is later ch arged as an adult wit h
	3663	+	a felony crime.
	3664	+
	3665	+	ENGR. S. B. NO. 217 Page 21 1
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	3690	+	2. 5. The person is presumed to be a youthful offender, and the
	3691	+	proceedings shall continue under such presumption unl ess the court
	3692	+	grants the person's motion for certifica tion as a juvenile pursuant
	3693	+	to Section 6 of this act or grants the district attorney 's motion
	3694	+	for imposition of an adult s entence pursuant to Section 7 of this
	3695	+	act.
	3696	+	H. The court shall commence a the preliminary hearing within
	3697	+	ninety (90) days of the fi ling of the information, pursuant to
	3698	+	Section 258 of Title 22 of the Oklahoma Statutes, to determine
	3699	+	whether the a crime was committed and whether if there is probable
	3700	+	cause to believe the accused person committed a the crime. If the
	3701	+	The requirement for the p reliminary hearing to be held within ninety
	3702	+	(90) days may be waived by the accused.
	3703	+	1. For a person charged under subs ection A or B of Section 2 -5-
	3704	+	205 of this title, if the preliminary hearing is not co mmenced
	3705	+	within ninety (90) days of the filing date of the accused person is
	3706	+	charged information, the district court shall hold a hearing to
	3707	+	determine the reasons for delay utilizing the procedure set out in
	3708	+	Section 812.2 of Title 22 of the Oklahoma Statute s, to ensure the
	3709	+	preliminary hearing is expedited, unless the ninety-day requirement
	3710	+	has been waived by the accused.
	3711	+	2. For a person charged under subsection C , D, or E of Section
	3712	+	2-5-205 of this title, if the preliminary hearing is not commenced
	3713	+	within ninety (90) days of the filing of the information, the
	3714	+
	3715	+	ENGR. S. B. NO. 217 Page 22 1
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	3739	+
	3740	+	district attorney shall be prohibited from seekin g an adult sentence
	3741	+	unless the ninety-day requirement has been waived by the accused.
	3742	+	If
	3743	+	3. For an accused person charged under subsection A, B, C, D,
	3744	+	or E of Section 2-5-205 of this title, if the whereabouts of the
	3745	+	accused are unknown at the time of the filing of the information or
	3746	+	if the accused is a fugitive, th e State of Oklahoma shall make
	3747	+	reasonable efforts to locate the accused in order to commenc e the
	3748	+	proceedings. An accused who flees the jurisdiction of the court or
	3749	+	purposely avoids apprehension for the charges, waives the right to
	3750	+	have the preliminary hea ring commenced within ninety (90) days of
	3751	+	the filing of the information. An accused who fails to cooperate
	3752	+	with providing information in locating the parents of the accused,
	3753	+	guardian, or next friend for purpose of notice waives the ri ght to
	3754	+	have the preliminary hearing commence within ninety (90) days of the
	3755	+	filing of the information. If the preliminary hearing did does not
	3756	+	commence within ninety (90) days from the filing of the information
	3757	+	due to the absence or inability to locate the acc used, the
	3758	+	preliminary hearing shall commence w ithin ninety (90) days after the
	3759	+	state has actual notice of t he in-state location of the accused. If
	3760	+	the accused is found out of state, the court shall set the hearing
	3761	+	within ninety (90) days after the accused has been returned to the
	3762	+	State of Oklahoma. An accused who fails to cooperate with providing
	3763	+	information in locating his or her par ent, guardian, or next fr iend
	3764	+
	3765	+	ENGR. S. B. NO. 217 Page 23 1
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	3789	+
	3790	+	for purposes of notice waives the right to have the prelimina ry
	3791	+	hearing commence within ninety (90) days of the filing of the
	3792	+	information.
	3793	+	3. I. At the conclusion of the state's case at the criminal
	3794	+	preliminary hearing, the state and if the accused has filed a motion
	3795	+	for certification as a juvenile p ursuant to subsection A of this
	3796	+	section, or if the district attorney has filed a motion for the
	3797	+	imposition of an adult sentence pursuant to Section 7 of this act,
	3798	+	both the accused person and the district att orney may offer evidence
	3799	+	to in support or oppose in opposition of the pending motion or
	3800	+	motions for certification as a youthful offender or an alleged
	3801	+	juvenile delinquent.
	3802	+	E. J. The court shall rule on any motions properly filed motion
	3803	+	for certification as a youthful offender or an alleged juvenile
	3804	+	delinquent or motion for the imposition of an adult sentence before
	3805	+	ruling on whether to bind the accus ed over for trial. When ruling
	3806	+	on a motion for certi fication as a youthful offender or juvenile,
	3807	+	the court shall give consideration to the following guidelines with
	3808	+	greatest weight to be given to paragraphs 1, 2 and 3:
	3809	+	1. Whether the alleged offense was committed in an aggressive,
	3810	+	violent, premeditated or willful manner;
	3811	+	2. Whether the offense was against persons, and, if personal
	3812	+	injury resulted, the degree of personal injury , and the statements
	3813	+	of the victim or victims;
	3814	+
	3815	+	ENGR. S. B. NO. 217 Page 24 1
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	3840	+	3. The record and past history of the accused person including
	3841	+	previous contacts wit h law enforcement agencies and juvenile or
	3842	+	criminal courts, prior periods of probation and commitments to
	3843	+	juvenile institutions;
	3844	+	4. The sophistication and maturity of the accused person and
	3845	+	the capability of distinguishing right from wrong as determined b y
	3846	+	consideration of the person's psychological evaluation, home,
	3847	+	environmental situation, emotional attitude and pattern of living;
	3848	+	5. The prospects for adequate protection of the public if the
	3849	+	accused person is processed through the youthful offender syst em or
	3850	+	the juvenile system;
	3851	+	6. The reasonable likelihood of rehabilitation of the accused
	3852	+	person if such person is found to have committed t he alleged
	3853	+	offense, by the use of procedures and facilities cu rrently available
	3854	+	to the juvenile court; and
	3855	+	7. Whether the offense occurred while the accused person was
	3856	+	escaping or on escape status from an institution for yo uthful
	3857	+	offenders or delinquent c hildren.
	3858	+	The court, in its decision on a motion for certificat ion as a
	3859	+	youthful offender or juvenile, shall detail f indings of fact and
	3860	+	conclusions of law to each of the above considerations, and shall
	3861	+	state that the court h as considered each of the guidel ines in
	3862	+	reaching its decision.
	3863	+
	3864	+	ENGR. S. B. NO. 217 Page 25 1
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	3888	+
	3889	+	F. The order certifying a pers on as a youthful offender or an
	3890	+	alleged juvenile delin quent or denying the request for certification
	3891	+	as either a youthful offender or an alleged juvenile delinque nt
	3892	+	shall be a final order, appea lable to the Court of Criminal Appeals
	3893	+	when entered.
	3894	+	G. An order certifying the accused person as a youthful
	3895	+	offender or an alleged juvenile delinquent shall not be reviewable
	3896	+	by the trial court.
	3897	+	H. If the accused person i s prosecuted as an adult and is
	3898	+	subsequently convicted of the alleged offense or against whom the
	3899	+	imposition of judgment and sentencing has been def erred, the person
	3900	+	may be incarcerated with the adult population and shall be
	3901	+	prosecuted as an adult in all s ubsequent criminal proceedings.
	3902	+	SECTION 21. NEW LAW A new section of law to be codified
	3903	+	in the Oklahoma Statutes as Section 2-5-206A of Title 10A, unless
	3904	+	there is created a duplica tion in numbering, reads as follows:
	3905	+	A. 1. When the attorney for the accused person determines
	3906	+	there is good cause to believe the accused should have been charged
	3907	+	as a delinquent and not as youthful of fender, the attorney for the
	3908	+	accused shall file a motion for certification as a juvenile. The
	3909	+	motion for certification as a juvenile shall be filed prior to the
	3910	+	start of the preliminary hearing. No motion for certification as a
	3911	+	juvenile may be filed afte r the preliminary hearing has begun.
	3912	+
	3913	+	ENGR. S. B. NO. 217 Page 26 1
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	3937	+
	3938	+	2. If a motion for certification as a juvenile has been filed,
	3939	+	the court shall order a certification study to be conducted, unless
	3940	+	waived by the accused with the approva l of the court. Any such
	3941	+	certification study sha ll be completed by the Office of Juvenile
	3942	+	Affairs. Upon ordering the certification study, the court shall
	3943	+	order the parent, guardian, next friend, or other person legally
	3944	+	obligated to care for and support the child, to pay a fee to the
	3945	+	Office of Juvenile Affairs of not less than One Hundred Dollars
	3946	+	($100.00), nor more than One Thousand Dollars ($1,000.00). The
	3947	+	court shall set a reasonable date for the payment of the fee due to
	3948	+	the Office of Juvenile Affair s for the completion of the
	3949	+	certification study. In hardship cases, the court may establish a
	3950	+	payment schedule.
	3951	+	B. When ruling on a motion for certification as a juvenile, the
	3952	+	court shall consider the following guidelines with greatest weight
	3953	+	to be given to paragraphs 1, 2, and 3:
	3954	+	1. Whether the alleged offense was committed in an ag gressive,
	3955	+	violent, premeditated, or willful manner, and the accused person 's
	3956	+	level of involvement in the offense;
	3957	+	2. Whether the offense was against persons and if personal
	3958	+	injury resulted, the degree of personal injury, a nd the statement or
	3959	+	statements of the victim or victims;
	3960	+	3. The record and past history of the accused person including
	3961	+	previous contacts with law enforcement agencies and juvenile or
	3962	+
	3963	+	ENGR. S. B. NO. 217 Page 27 1
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	3987	+
	3988	+	criminal courts, prior p eriods of probation, and commitments to
	3989	+	juvenile institutions;
	3990	+	4. The sophistication, age, and maturity of the person and the
	3991	+	capability of distinguishing right f rom wrong as determined by
	3992	+	consideration of the person's psychological evaluation, home,
	3993	+	environmental situation, emotional attitude , and pattern of living;
	3994	+	5. The prospects for adequate prote ction of the public if the
	3995	+	accused is processed through the juvenile justice system as either a
	3996	+	delinquent or youthful offender;
	3997	+	6. The reasonable likelihood of rehabilitation if the accused
	3998	+	is found to have committed the offense, by the use of programs and
	3999	+	facilities currently available to the court through the juvenile
	4000	+	justice system; and
	4001	+	7. Whether the offense occurred while th e accused was escaping
	4002	+	or on escape status from a facility or placement for youthful
	4003	+	offenders or delinquent children.
	4004	+	C. The court, in its decision on a motion for certifi cation as
	4005	+	a juvenile, shall issue a written order and prepa re detailed
	4006	+	findings of fact and conclusions of law as to each of the
	4007	+	considerations in subsection B of this section, and shall state that
	4008	+	the court has considered each of the guidelines in reachin g its
	4009	+	decision.
	4010	+
	4011	+	ENGR. S. B. NO. 217 Page 28 1
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	4035	+
	4036	+	D. The order granting or denying the motion for certification
	4037	+	as a juvenile shall be a final order, appealable to the Court of
	4038	+	Criminal Appeals when entered.
	4039	+	E. An order certifying the accused person as a juvenile shall
	4040	+	not be reviewable by the trial court.
	4041	+	SECTION 22. NEW LAW A new section of law to be codified
	4042	+	in the Oklahoma Statutes as Section 2-5-207A of Title 10A, unless
	4043	+	there is created a duplication in num bering, reads as follows:
	4044	+	A. Whenever the district attorney determines there is good
	4045	+	cause to believe that the person charged as a youthfu l offender
	4046	+	would not reasonably complete a plan of rehabilitation or the public
	4047	+	would not be adequately protected if the person were to be sentenced
	4048	+	as a youthful offender, the district attorney may file a moti on for
	4049	+	the imposition of an adult sentence. The district attorney may
	4050	+	elect when to file the motion for the imposition of an adult
	4051	+	sentence as set forth as follows:
	4052	+	1. The district attorney may file the motion for the imposition
	4053	+	of an adult sentence no later than fourteen (14) days prior to the
	4054	+	start of the preliminary hearin g. If the motion is properly filed
	4055	+	prior to preliminary hearing, the court shall rule on such motion
	4056	+	prior to a ruling to bind the person over for trial. Once the
	4057	+	motion for imposition of an adult sentence is heard by the court,
	4058	+	such motion cannot be filed again and argued to the trial court
	4059	+	after arraignment.
	4060	+
	4061	+	ENGR. S. B. NO. 217 Page 29 1
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	4085	+
	4086	+	2. The district attorney may fi le the motion for the imposition
	4087	+	of an adult sentence no later than thirty (30) days following formal
	4088	+	arraignment. If the motion is properl y filed, such motion will be
	4089	+	heard and ruled upon by the trial court .
	4090	+	3. If the accused's attorney indicates to the court that the
	4091	+	accused wishes to plead guilty or nolo contendere to the charge or
	4092	+	charges, the court shall notify the district attorney. The district
	4093	+	attorney shall have ten (10) days after notification to file the
	4094	+	motion for the imposition of an adult se ntence. If the motion is
	4095	+	properly filed, such motion will be heard and ruled upon by the
	4096	+	trial court.
	4097	+	B. If a motion for imposition of an adult sentence was proper ly
	4098	+	filed, the court shall order a certificati on study to be prepared by
	4099	+	the Office of Juveni le Affairs, unless waived by the accused with
	4100	+	approval of the court unless previously prepared pursuant to Section
	4101	+	6 of this act. Upon ordering the certification s tudy, the court
	4102	+	shall order the parent, guard ian, next friend, or other person
	4103	+	legally obligated to care for and support the accused, to pay a fee
	4104	+	to the Office of Juvenile Affairs of not less than One Hundred
	4105	+	Dollars ($100.00), nor more than One Thousand D ollars ($1000.00).
	4106	+	The court shall set a reasonable date for the payment of the fee due
	4107	+	to the Office of Juvenile Affairs for the completion of the
	4108	+	certification study. In hardship cases, the court may establish a
	4109	+	payment schedule.
	4110	+
	4111	+	ENGR. S. B. NO. 217 Page 30 1
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	4135	+
	4136	+	C. When ruling on a motion for the imposition of an adult
	4137	+	sentence, the court shall consider the following guideli nes with
	4138	+	greatest weight to be given to paragraphs 1, 2, and 3:
	4139	+	1. Whether the alleged offense was committed in an aggressive,
	4140	+	violent, premeditated, or willful manner, and the accused's level of
	4141	+	involvement in the offense;
	4142	+	2. Whether the offense was agains t persons and, if personal
	4143	+	injury resulted, the degree of personal injury, and the statement or
	4144	+	statements of the victim or victims;
	4145	+	3. The record and past hist ory of the accused person including
	4146	+	previous contacts with law enfo rcement agencies and juvenil e or
	4147	+	criminal courts, prior periods of probation , and commitments to
	4148	+	juvenile facilities or placements ;
	4149	+	4. The sophistication, age, and maturity of the person and the
	4150	+	capability of distinguishing right f rom wrong as determined by
	4151	+	consideration of the person's psychological evaluation, home,
	4152	+	environmental situation, emotional atti tude, and pattern of living ;
	4153	+	5. The prospects for adequate prote ction of the public i f the
	4154	+	accused person is processed through the juvenile justice system as
	4155	+	either a delinquent or youthful offender;
	4156	+	6. The reasonable likelihood of rehabilitation if the accused
	4157	+	is found to have committed the offense, using programs and
	4158	+	facilities currently available to the court through the juvenile
	4159	+	justice system; and
	4160	+
	4161	+	ENGR. S. B. NO. 217 Page 31 1
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	4185	+
	4186	+	7. Whether the offense occurred while the accused person was
	4187	+	escaping or on escape status from a facility or placement for
	4188	+	youthful offenders or delinquent children.
	4189	+	D. After the hearing and consideration of the report of the
	4190	+	investigation, the court sha ll certify the person as e ligible for
	4191	+	the imposition of an adult sentence only if the court finds by clear
	4192	+	and convincing evidence that there is good cause to believe that the
	4193	+	accused would not reasonably complete a plan of rehabili tation or
	4194	+	that the public would not be adequately pro tected if the accused
	4195	+	were to be sentenced as a youthful offender.
	4196	+	E. The court, in its decision on a motion for the imposition of
	4197	+	an adult sentence, shall issue a written order and prepare detailed
	4198	+	findings of fact and conclusions of law as to each of the
	4199	+	considerations in subsections C and D of this section, and shall
	4200	+	state that the court has considered each of the guidelines in
	4201	+	reaching its decision.
	4202	+	F. The order granting or denying the motion for the imposition
	4203	+	of an adult sentence shall be a final or der, appealable to the Court
	4204	+	of Criminal Appeals when entered.
	4205	+	G. An order granting the district attorney 's motion for the
	4206	+	imposition of an adult sentence shall not be reviewable by the trial
	4207	+	court.
	4208	+
	4209	+	ENGR. S. B. NO. 217 Page 32 1
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	4233	+
	4234	+	SECTION 23. NEW LAW A new section of law to be codified
	4235	+	in the Oklahoma Statutes as Section 2-5-208A of Title 10A, unless
	4236	+	there is created a duplication in numb ering, reads as follows:
	4237	+	A. After consideration of the evidence and a rgument presented,
	4238	+	the court shall impose a sentence. The court may sentence the
	4239	+	youthful offender to the same range of pun ishment, except for
	4240	+	capital offenses, as an adult who was convicted of the same offense
	4241	+	or offenses. Any sentence imposed upon a yo uthful offender may be
	4242	+	served in the supervision or custody of the Office of Juvenile
	4243	+	Affairs until one of the following occ urs:
	4244	+	1. The expiration of the sentence;
	4245	+	2. The youthful offender is discharged from supervision or
	4246	+	custody of the Office of Juven ile Affairs by the court; or
	4247	+	3. The court transfers the you thful offender to the custody or
	4248	+	supervision of the Department of Corrections.
	4249	+	In addition to the placement of the youthful offender in the
	4250	+	supervision or custody of the Office of Juvenile Affai rs, the court
	4251	+	may issue orders regarding the youthful offender as provided by law
	4252	+	for the disposition of an adjudicated juve nile delinquent as long as
	4253	+	the age of the youthful offender does not exceed nineteen (19) years
	4254	+	of age.
	4255	+	B. A youthful offender adju dication is not an adult conviction,
	4256	+	nor shall any youthful of fender adjudication prevent the youthful
	4257	+	offender from exercis ing any right or privilege under law.
	4258	+
	4259	+	ENGR. S. B. NO. 217 Page 33 1
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	4283	+
	4284	+	C. The sentence imposed by the court on a youthful offender wh o
	4285	+	is transferred to the custody or supervision of the Department of
	4286	+	Corrections shall not exc eed the maximum term of the original
	4287	+	sentence.
	4288	+	D. Upon adjudicating a youthful offender, the court shall file
	4289	+	a Judgment of Adjudication as a Youthful Offender. The Judgment of
	4290	+	Adjudication shall reflect the date of adjudication, the adjudicated
	4291	+	crimes, and the youthful offender sentence imposed.
	4292	+	E. Whenever a youthful offender is placed in the custody or
	4293	+	under the supervision of the Office of Juvenile Affairs, t he Office
	4294	+	of Juvenile Affairs shall, within thirty (30) days of receiving
	4295	+	notification of the placement, prepare and file with the court the
	4296	+	written rehabilitation plan for the youthful offender. The
	4297	+	rehabilitation plan shall ensure the protection of the public and
	4298	+	shall include but not be limited to:
	4299	+	1. The placement decisio n, such as community, group home,
	4300	+	secure care, or specialized placement ;
	4301	+	2. The youthful offender's treatment and educational needs;
	4302	+	3. The measurable objectives required for the youthful
	4303	+	offender's successful completion of the rehabilitation plan;
	4304	+	4. The treatment objecti ves for the youthful offender's parent,
	4305	+	guardian, or next friend; and
	4306	+
	4307	+	ENGR. S. B. NO. 217 Page 34 1
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	4331	+
	4332	+	5. If the youthful offender is placed in a group home, secure
	4333	+	care, or specialized placement , the preconditions for reintegration
	4334	+	into the community.
	4335	+	SECTION 24. NEW LAW A new section of law to be codified
	4336	+	in the Oklahoma Statutes as Section 2-5-209A of Title 10A, unless
	4337	+	there is created a duplication in numb ering, reads as follows:
	4338	+	A. The court shall schedule a youthful offender review hearing
	4339	+	no less than every six (6) months. Additional review hearings may
	4340	+	be scheduled upon the motion of the court or for good cause shown at
	4341	+	the request of the youthful offender 's attorney, the district
	4342	+	attorney, or the Office of Juvenile Affairs. Notice shall be given
	4343	+	to the youthful offender, the counsel, parent or guardian of the
	4344	+	youthful offender, the district attorney, and the Office of Juvenil e
	4345	+	Affairs at the time the motion for rev iew is made or filed. At the
	4346	+	review hearing, the court may:
	4347	+	1. Extend the jurisdiction of the court, and the Office of
	4348	+	Juvenile Affairs, as specified in subsection B and C of this
	4349	+	section;
	4350	+	2. Order a community-placed youthful offender, if less than
	4351	+	eighteen (18) years of age, into a sanctions program operated or
	4352	+	contracted by the Office of Juvenile Affairs, if available, if the
	4353	+	court determines the youthful offender has failed to comply with the
	4354	+	rehabilitation plan;
	4355	+
	4356	+	ENGR. S. B. NO. 217 Page 35 1
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	4380	+
	4381	+	3. Revoke the youthful offender 's community placement and place
	4382	+	the youthful offender in the custody of the Office of Juvenile
	4383	+	Affairs if such offender is less than eighteen (18) years of age, if
	4384	+	the court determines the youthful offender has substant ially failed
	4385	+	to comply with the rehabilita tion plan;
	4386	+	4. Discharge the youthful of fender from the supervision or
	4387	+	custody of the Office of Juvenile Affairs without a court judg ment
	4388	+	of guilt and dismiss the case ; or
	4389	+	5. Transfer the youthful offender from t he supervision or
	4390	+	custody of the Office of Juvenile Affairs to the Department of
	4391	+	Corrections pursuant to the provisions of paragraph 2 of subsection
	4392	+	A of Section 10 of this act.
	4393	+	B. The court shall hold a hearing thirty (30) days prio r to the
	4394	+	youthful offender's eighteenth birthday, if the sentence has not
	4395	+	expired, or the youthful offender has not been transferred to the
	4396	+	custody or supervision of the Department of Corrections. At the
	4397	+	hearing, the court shall make one of the follo wing determinations
	4398	+	to:
	4399	+	1. Extend the custody or supervision of Offic e of Juvenile
	4400	+	Affairs, to continue the y outhful offender's rehabilitation plan;
	4401	+	2. Discharge the adjudication without a court judg ment of guilt
	4402	+	and dismiss the case; or
	4403	+	3. Transfer the youthful offender into the custody or
	4404	+	supervision of the Department o f Corrections pursuant to paragraph 2
	4405	+
	4406	+	ENGR. S. B. NO. 217 Page 36 1
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	4430	+
	4431	+	of subsection A of Section 10 of this act. The sentence imposed by
	4432	+	the court on a youthful offender who is transferred to the custody
	4433	+	or supervision of the Department of Correctio ns shall not exceed the
	4434	+	maximum term of the original sentence.
	4435	+	C. The court shall hold a hearing thirty (30) days prior to the
	4436	+	youthful offender attaining the age of eighteen (18) years and six
	4437	+	(6) months, if the sentence has not expired, or the youthful
	4438	+	offender has not been transferred to the custody or supervision of
	4439	+	the Department of Corrections. At the hearing, the court shall make
	4440	+	one of the following determinations :
	4441	+	1. At the recommendation of the Office of Juvenil e Affairs, the
	4442	+	court may extend the yout hful offender's custody or supervision to
	4443	+	the age of nineteen (19) to a llow him or her to complete the
	4444	+	reintegration phase o f the treatment program or community
	4445	+	supervision. During this extension, the youthful o ffender may be
	4446	+	transferred to the Departm ent of Corrections pursuant to paragraph 2
	4447	+	of subsection A of Section 10 of this act;
	4448	+	2. Discharge the adjudication without a court judgement of
	4449	+	guilt and dismiss the case ; or
	4450	+	3. Transfer the youthful offender into the custody or
	4451	+	supervision of the Department of Corrections pursuant to paragraph 2
	4452	+	of subsection A of Section 10 of this act. The sentence imposed by
	4453	+	the court on a youthful offender who is transferred to the custody
	4454	+
	4455	+	ENGR. S. B. NO. 217 Page 37 1
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	4478	+	24
	4479	+
	4480	+	or supervision of the Department of C orrections shall not exceed the
	4481	+	maximum term of the original sentence .
	4482	+	D. If the court has extended jurisdiction of the youthful
	4483	+	offender until nineteen (19) years o f age, the youthful offender
	4484	+	shall remain in the supervision or custody of the Office o f Juvenile
	4485	+	Affairs until he or she has been discharged or sentenced by t he
	4486	+	court or until his or her nineteenth birthday, at which time the
	4487	+	youthful offender will be ret urned to the court for final
	4488	+	disposition. The court shall have the same dispositional options as
	4489	+	provided in paragraphs 2 and 3 of subsection B of this section. Any
	4490	+	Motion to Transfer Custody to Department of Corrections shall be
	4491	+	filed prior to the youthful offender's nineteenth birthday;
	4492	+	provided, however, the hearing may occur after the nineteenth
	4493	+	birthday to allow the youthful offender the latest possible time to
	4494	+	be in compliance.
	4495	+	E. The Office of Juvenile Affairs may make recommendations to
	4496	+	the court concerning the disposition of any youthful offender placed
	4497	+	in the supervision or custo dy of the Office of Juvenile Affairs.
	4498	+	F. Any order issued by the senten cing court under subsection B,
	4499	+	C, or D of this section shall be a final order, appealable when
	4500	+	entered to the Court of Criminal Appeals .
	4501	+	G. 1. If authorized by the court, any hearing may be conducted
	4502	+	as a virtual hearing or through telephonic communicati ons.
	4503	+	2. For purposes of this subsection:
	4504	+
	4505	+	ENGR. S. B. NO. 217 Page 38 1
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	4529	+
	4530	+	a. "telephonic communication" means participation by
	4531	+	interactive telephonic communication which permits
	4532	+	auditory communication between t he court, the youthful
	4533	+	offender, and all necessary partici pants, and
	4534	+	b. "virtual hearing" means a hearing held where
	4535	+	participation is accomplished in whole or in part
	4536	+	using a computer program which permits both visual and
	4537	+	auditory communication between t he court, the youthful
	4538	+	offender, and all necessary participants.
	4539	+	SECTION 25. NEW LAW A new section of law to be codified
	4540	+	in the Oklahoma Statutes as Secti on 2-5-210A of Title 10A, unless
	4541	+	there is created a duplication in numb ering, reads as follows:
	4542	+	A. 1. Whenever the district attorney or the Office of Juvenil e
	4543	+	Affairs (OJA) believes that a youthful off ender in the custody or
	4544	+	supervision of OJA should be transferred to the custody or
	4545	+	supervision of the Department of Corrections , the district attorney
	4546	+	or OJA may file a motion re questing such transfer and the cou rt
	4547	+	shall set the motion for hearing. Notice of the motion and hearing
	4548	+	shall be given to the y outhful offender, the youthful offender's
	4549	+	counsel, the parent or guardian of the youthful offender, and eith er
	4550	+	the district attorney or OJA. OJA may make recommendations to the
	4551	+	court concerning the transfe r of a youthful offender to the
	4552	+	Department of Corrections.
	4553	+
	4554	+	ENGR. S. B. NO. 217 Page 39 1
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	4578	+
	4579	+	2. The Court may order the youthful offender transferred to the
	4580	+	custody or supervision of the Department of Correctio ns only if the
	4581	+	court finds by clear and convincing evidence that the youthful
	4582	+	offender has:
	4583	+	a. failed to make substantial prog ress towards completing
	4584	+	the treatment plan which the youthful offender is
	4585	+	expected to have achieved ,
	4586	+	b. established a pattern of disruptive behavior which is
	4587	+	not conducive to the established policies and
	4588	+	procedures of the program or facility or engaged i n
	4589	+	other types of behavior which has endangered the life
	4590	+	or health of other residents or staff of the facility ,
	4591	+	c. caused disruption in the facility , smuggled contraband
	4592	+	into the facility, or participated or assi sted others
	4593	+	in smuggling contraband into th e facility,
	4594	+	d. committed battery or assault and battery on an OJA
	4595	+	employee or contractor of a juvenile facilit y,
	4596	+	e. committed battery, assault and battery, or endangered
	4597	+	the life or health of another person ,
	4598	+	f. committed a felony while in the custod y or supervision
	4599	+	of OJA as demonstrated by:
	4600	+	(1) the entry of a plea of guilty or nolo con tendere,
	4601	+	(2) an adjudication, or a judgment and sentence
	4602	+	following a verdict of guilty, or
	4603	+
	4604	+	ENGR. S. B. NO. 217 Page 40 1
	4605	+	2
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	4628	+
	4629	+	(3) clear and convincing evidence , or
	4630	+	g. left a facility in whic h the youthful offender was
	4631	+	being held without permission.
	4632	+	The court, in its decision to transfer custody of the youthful
	4633	+	offender to the custody of the Department of Corrections, shall
	4634	+	issue a written order and make detailed findin gs of fact and
	4635	+	conclusions of law addressing the grou nds alleged in the motion of
	4636	+	the district attorney or OJA.
	4637	+	B. An order transferring custody of a youthful offender to the
	4638	+	Department of Corrections shall be d eemed an adult conviction and
	4639	+	shall be recorded as such in the court records and criminal history
	4640	+	records of the offender. Such order shall be a final order,
	4641	+	appealable when entered. In addition to a judgment and sentence for
	4642	+	an adult conviction, the cou rt shall provide to the Department o f
	4643	+	Corrections a detailed memorandum or historical statement o f the
	4644	+	Youthful Offender Act as applied to the offender being transferred
	4645	+	to the Department of Co rrections including the date of the offense,
	4646	+	the date of the adjudication as a youthful offender, the date of the
	4647	+	filing of the motion to transfer custody of th e offender to the
	4648	+	adult criminal system, and the date of the imposition of the adult
	4649	+	sentence.
	4650	+	C. The court shall grant time -served credits against the adult
	4651	+	sentence imposed for any youthful o ffender transferred to the
	4652	+	Department of Corrections. For the purpose of calculating time
	4653	+
	4654	+	ENGR. S. B. NO. 217 Page 41 1
	4655	+	2
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	4677	+	24
	4678	+
	4679	+	served to be applied toward any sentence imposed upon a youthful
	4680	+	offender, in the event a youthful offender has been placed in th e
	4681	+	custody or supervision of the Offic e of Juvenile Affairs, the
	4682	+	offender shall receive day -for-day credit for the time spent in the
	4683	+	custody or under the supervision of the Office of Juvenile Affairs.
	4684	+	Upon commitment to the Department of Corrections, a you thful
	4685	+	offender shall also receive othe r credits as provided by law for an
	4686	+	adult inmate.
	4687	+	D. 1. If the court dismissed the youthful offender case, the
	4688	+	person may file a motion to expunge the plea and the youthful
	4689	+	offender adjudication and sentence from the record.
	4690	+	2. The court, after hearing the motion, and any objections, may
	4691	+	grant the expungement of the youthful offender's record as provided
	4692	+	by the procedures in subsection D of Section 991 c of Title 22 of the
	4693	+	Oklahoma Statutes, if the court finds that th e youthful offender has
	4694	+	reasonably completed the rehabilitation plan, that the expungement
	4695	+	is in the best interest of the youthful offender, and that such
	4696	+	dismissal will not jeopardize publi c safety.
	4697	+	3. The court, after hearing the motion and any objectio ns, may
	4698	+	order the expungement of all files and records over which the court
	4699	+	has jurisdiction pertaining to the arrest and adjudication of the
	4700	+	former youthful offender, and shall order the clerk of the court to
	4701	+	expunge the entire file and record of the case or any files produced
	4702	+	or created by a law enforcement agency in which the name of the
	4703	+
	4704	+	ENGR. S. B. NO. 217 Page 42 1
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	4706	+	3
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	4708	+	5
	4709	+	6
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	4728	+
	4729	+	former youthful offender is mentioned. The court may order the
	4730	+	Office of Juvenile Affairs to expunge all records relating to the
	4731	+	former youthful offender that are in th e possession of the Office of
	4732	+	Juvenile Affairs, except when the documents are necessary to
	4733	+	maintain state or federal funding.
	4734	+	4. An expungement requested under paragraph 1 of this
	4735	+	subsection may be granted regardless of any court action or inaction
	4736	+	under paragraph 2 of this subsection.
	4737	+	5. Members of the judiciary, district attorneys, the youthful
	4738	+	offender, counsel for the youthful offender, emplo yees of juvenile
	4739	+	bureaus and the Office of Juvenile Affairs who are assigned juvenile
	4740	+	court intake responsibili ties, and the Department of Corrections may
	4741	+	access records that have been expunged pursuant to thi s subsection
	4742	+	without a court order for the purp ose of determining whether to
	4743	+	dismiss an action, seek a voluntary probation, file a petition or
	4744	+	information, or for purposes of sentencing or placement in a case
	4745	+	where the person who is the subject of the seal ed record is alleged
	4746	+	to have committed a subseq uent youthful offender act, a juvenile
	4747	+	delinquent act, or any adult criminal offense. Provided, any record
	4748	+	sealed pursuant to this section shall be ordered unsealed upon
	4749	+	application of the prosecuting a gency when the records are requested
	4750	+	for use in any subsequent juvenile delinquent, youthful offender, or
	4751	+	adult prosecution.
	4752	+
	4753	+	ENGR. S. B. NO. 217 Page 43 1
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	4776	+	24
	4777	+
	4778	+	6. As used in this subsection, "expunge" means the sealing of
	4779	+	criminal records.
	4780	+	SECTION 26. AMENDATORY 10A O.S. 2021, Section 2-5-212,
	4781	+	is amended to read as follows:
	4782	+	Section 2-5-212. A. Whenever a youthful offender is committ ed
	4783	+	to the custody of the Offi ce of Juvenile Affairs, the Office of
	4784	+	Juvenile Affairs may:
	4785	+	1. Place shall have the legal responsibility and a uthority to
	4786	+	place a youthful offender in:
	4787	+	1. In a secure facility or other institution or facility
	4788	+	maintained by the state for delinquents or youthfu l offenders;
	4789	+	2. Place the youthful offender in In a group home or community
	4790	+	residential facility for del inquents or youthful offenders; or
	4791	+	3. Place the youthful offender under Under community
	4792	+	supervision prior to or after a period of placement in one or more
	4793	+	of the facilities referred to in paragraphs 1 and 2 of this
	4794	+	subsection. The Office of Juvenile Affai rs may place a youthful
	4795	+	offender in his or her own home, or an independent living or other
	4796	+	similar living arrangement within the community of the residence of
	4797	+	the youthful offender only upon the approval of the court; provided,
	4798	+	the court shall not prohibit the reintegration of the youthful
	4799	+	offender into the community except upon finding that the youthful
	4800	+	offender has not reasonably completed the rehabilitation plan
	4801	+	objectives established as preconditions for reintegration into the
	4802	+
	4803	+	ENGR. S. B. NO. 217 Page 44 1
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	4827	+
	4828	+	community or that the publ ic would not be adequately protected if
	4829	+	the youthful offender is reintegrated into the community; or
	4830	+	4. Place the youthful offender in a sanction program if the
	4831	+	youthful offender fails to comply with a written plan of
	4832	+	rehabilitation or fails substantially to achieve reasonable
	4833	+	treatment objectives while in community or other nonsecure programs .
	4834	+	B. The court shall not prohi bit the reintegration of the
	4835	+	youthful offender into the community except upon finding that the
	4836	+	youthful offender has not re asonably completed the rehabilitation
	4837	+	plan objectives established as preconditions for reint egration into
	4838	+	the community or that the public would not be adequately protect ed
	4839	+	if the youthful offender is reintegrated i nto the community.
	4840	+	C. Placement of the youthful offe nder pursuant to this section
	4841	+	or any other provision of law shall b e the responsibility of the
	4842	+	Office of Juvenile Affairs and shall occur as soon as reasonably
	4843	+	possible but not more than forty-five (45) days following the filing
	4844	+	and adoption of the written rehabilitation plan as provided in
	4845	+	Section 2-5-210 8 of this title act. This placement time period m ay
	4846	+	be extended upon the declaration of an emergency by the Board of
	4847	+	Juvenile Affairs. For the purpos es of this section, "emergency"
	4848	+	means any situation t hat places the health, safety and well-being of
	4849	+	the residents or staff in imminent peril. The court s hall not have
	4850	+	authority to require order a specific placement of a youthful
	4851	+
	4852	+	ENGR. S. B. NO. 217 Page 45 1
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	4876	+
	4877	+	offender in a time frame which would require the removal of any
	4878	+	other juvenile or youthful offender from such placement.
	4879	+	C. D. The Office of Juvenile Affairs sha ll be responsible for
	4880	+	the care and control custody of a youthful offender who has been
	4881	+	placed in the custody of the Office of Juvenile Affairs, and shall
	4882	+	have the duty and the authority to provide food, clothing, shelter,
	4883	+	ordinary medical care, e ducation, discipline and in an emergency to
	4884	+	authorize surgery or other extraordinar y care. The medical care,
	4885	+	surgery and extraordinary care shall be charged to the appropriate
	4886	+	agency where the youthful offender qualifies for the care under law,
	4887	+	rule, regulation or administrative order or decision. Nothing in
	4888	+	this section shall abrogate the right of a youthful offender to any
	4889	+	benefits provided through public funds nor the parent 's statutory
	4890	+	duty or responsibility to provide said necessities; further, no
	4891	+	person, agency or institution sha ll be liable in a civil suit for
	4892	+	damages for authorizing or not authorizing surgery or extraordinary
	4893	+	care in an emergency, as determined by competent medical authority.
	4894	+	A youthful offender placed in the custody of the Office of Juvenile
	4895	+	Affairs who has attained eighteen (18) years of age or older may
	4896	+	authorize and consent to the medical care sought on behalf of the
	4897	+	youthful offender by the Office of Ju venile Affairs and to be
	4898	+	provided to the youthful offender by a qualified h ealth care
	4899	+	professional. No st ate employee shall be liable for the costs of
	4900	+
	4901	+	ENGR. S. B. NO. 217 Page 46 1
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	4925	+
	4926	+	any medical care or behavioral health services provided to any child
	4927	+	in the custody of the Office of Juv enile Affairs.
	4928	+	D. E. A youthful offender in the custody of the Office of
	4929	+	Juvenile Affairs shall:
	4930	+	1. Be entitled to the rights afforded j uvenile delinquents
	4931	+	pertaining to any due process afforded delinquents in regard to
	4932	+	movement from a nonsecure to a se cure placement; and
	4933	+	2. As appropriate to the age and circumstances of the yout hful
	4934	+	offender, be provided educ ation, employment, and employ ment skills
	4935	+	and vocational and technical or higher education services,
	4936	+	apprenticeship programs and similar opportunit ies.
	4937	+	E. F. The Office of Juvenile Affairs shall have standing to
	4938	+	seek review, including an appellate review, of any order directing
	4939	+	the Office of Juvenile Affairs to take any action with regard to a
	4940	+	youthful offender placed in the custody or under the su pervision of
	4941	+	the Office of Juvenile Affairs.
	4942	+	SECTION 27. AMENDATORY 10A O.S. 2021, Section 2 -5-213,
	4943	+	is amended to read as follows:
	4944	+	Section 2-5-213. A. Upon the motion of a pers on who has been
	4945	+	convicted adjudicated and sentenced as a youthful offender and who
	4946	+	has been subsequently t ransferred to the adult system pursuant to
	4947	+	Section 2-5-210 10 of this title act, with the recommendation of the
	4948	+	sentencing court, the Governor may gra nt a full and complete pardon
	4949	+	and restore citizenship to any person who has been convicted and
	4950	+
	4951	+	ENGR. S. B. NO. 217 Page 47 1
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	4975	+
	4976	+	sentenced as a youthful offender an adult and who has completed the
	4977	+	sentence or been discharged fr om parole.
	4978	+	B. Upon the motion of a person convicted as a youth ful
	4979	+	offender, and three (3) years after the expiratio n of the sentence
	4980	+	of the youthful offe nder, the court may set aside t he conviction if:
	4981	+	1. The court has previously found that the person ha s
	4982	+	reasonably complied with the rehabilitation plan and objectiv es;
	4983	+	2. The person was discharged from supervision by the Office of
	4984	+	Juvenile Affairs, or wa s granted early discharge from such
	4985	+	supervision by the court; or
	4986	+	3. The person has completed the sent ence imposed as a result of
	4987	+	his first conviction as a youthful offender and has no subsequent
	4988	+	convictions.
	4989	+	If a conviction is set aside pursuant to this s ubsection, the
	4990	+	youthful offender shall thereafter be released from all penalties
	4991	+	and disabilities resu lting from the offense for which such person
	4992	+	was convicted, including but not limited to, any disqualification
	4993	+	for any employment or occupational license, or both, created by any
	4994	+	other provision of law. The court may in addition order any law
	4995	+	enforcement agency over whom the court has jurisdiction to produce
	4996	+	all files and records pertaining to said arrest and convictio n of
	4997	+	the youthful offender and shall o rder the clerk of the court to
	4998	+	destroy the entire file and record of the case, including docket
	4999	+	sheets, index entries, court records, summons, warrants or records
	5000	+
	5001	+	ENGR. S. B. NO. 217 Page 48 1
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	5026	+	in the office of the clerk or which have been produced by a law
	5027	+	enforcement agency in which t he name of the youthful offende r is
	5028	+	mentioned. The court may order probation officers and counselors to
	5029	+	destroy all records, reports, and social and clinical studie s
	5030	+	relating to said youthful offender that are in thei r possession
	5031	+	except when said document s are necessary to maintain sta te or
	5032	+	federal funding.
	5033	+	SECTION 28. REPEALER 10A O.S. 2021, Sections 2-5-206, 2-
	5034	+	5-207, 2-5-208, 2-5-209, and 2-5-210, are hereby repealed.
	5035	+	SECTION 29. This act shall become effective November 1, 2022.
	5036	+	Passed the Senate the 9th day of March, 2022.
	5037	+
	5038	+
	5039	+
	5040	+	Presiding Officer of the Senate
	5041	+
	5042	+
	5043	+	Passed the House of Representatives t he ____ day of __________,
	5044	+	2022.
1455	5045
1456	5046
1457	5047
1458	5048		Presiding Officer of the House
1459	5049		of Representatives
1460	5050
1461		-	OFFICE OF THE GOVERNOR
1462		-	Received by the Office of the Governor this _______ _____________
1463		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
1464		-	By: _______________________________ __
1465		-	Approved by the Governor of the State of Oklahoma this _____ ____
1466		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
1467		-
1468		-	_________________________________
1469		-	Governor of the State of Oklahoma
1470		-
1471		-
1472		-	OFFICE OF THE SECRETARY OF STATE
1473		-	Received by the Office of the Secretary of State this _______ ___
1474		-	day of __________________, 20 _______, at _______ o'clock _______ M.
1475		-	By: _______________________________ __
	5051	+