An Act
ENROLLED SENATE
BILL NO. 217 By: Howard of the Senate
and
Martinez and Roberts
(Dustin) of the House
An Act relating to the Oklahoma Juvenile Code ;
amending 10A O.S. 2021, Sections 2 -5-201, 2-5-202, 2-
5-203, 2-5-204, and 2-5-205, which relate to the
Youthful Offender Act; removing obsolete
implementation date; modifying definitions; stating
legislative intent; prohibiting requirement for
disclosure of certain i nformation; providing
exception; requiring d istrict attorney to provide
certain information to the Office of Juvenile Affairs
for certification study; requiring person to be
charged or prosecuted as an adult under certain
circumstances; modifying requirements and procedures
for charging as a juvenil e delinquent; modifying
requirements and procedures for charging as a
youthful offender or adult; modifying procedures for
appointment of counsel; specifying eligibility for
youthful offender statu s upon commission of certain
crimes; specifying procedures for charging person as
youthful offender or as an adult; establishing
certain presumption; a llowing waiver of certain
preliminary hearing within specified time period;
prohibiting adult sentence under certain
circumstances; providing for waiver of certain right
under certain circumstances; modifying procedures for
certification as a juvenile; establishing procedures
for motions for certification as a juveni le;
requiring certification study; al lowing waiver of
certain study; authorizing fee for completion of
certain study; requiring court to consider certain
guidelines; requiring written order for decision on
certain motion; authorizing appeal of certain order
ENR. S. B. NO. 217 Page 2
to the Court of Criminal Appeals; prohibiting review
by trial court of certain certification order;
establishing procedures for motions for imposition of
adult sentence; requiring certification study;
allowing waiver of certain study; authorizing fee for
completion of certain study; requiring court to
consider certain guidelines; specifying burden of
proof for establishing eligibility for impos ition of
adult sentence; requiring written order for decision
on certain motion; authorizing appeal of certain
order to the Court of Criminal Appeals; prohibiting
review by trial court of certain order; esta blishing
requirements for imposition of sentence fo r youthful
offender; specifying placement option s for youthful
offender; prohibiting certain sentence from exceeding
maximum term; requiring certain filing; requiring
rehabilitation plan upon certai n placement;
specifying required contents of rehabilitatio n plan;
establishing procedures for certain review hearings;
requiring certain notice; authorizing certain actions
by the court at certain review hearin gs; requiring
certain hearing prior to eighteenth birthday o f
youthful offender; requiring court to make certain
determinations; authorizing extension of jurisdiction
under certain circumstances; providing for final
disposition of youthful off ender; authorizing appeal
of certain order to the Court of Criminal Appea ls;
defining terms; establishing procedures for transfer
of youthful offender to the custody of the Department
of Corrections; specifying burden of proof for
certain finding; requiring written order for certain
transfer; requiring certain transfer order to be
recorded as an adult conviction; requiring court to
provide certain information to Department of
Corrections upon transfer of custody of a youthful
offender; providing for application of certain
credits; establishing procedures for certain
expungement; defining term; amending 10 A O.S. 2021,
Sections 2-5-212 and 2-5-213, which relate to the
Youthful Offender Act; clarifying authori ty of the
Office of Juvenile Affairs for custody of youthful
offender; clarifying authority of court for certain
ENR. S. B. NO. 217 Page 3
reintegration; conforming language for certain
adjudications; modifying statutory references;
repealing 10A O.S. 2021, Sections 2-5-206, 2-5-207,
2-5-208, 2-5-209, and 2-5-210, which relate to the
Youthful Offender Act; providing for codification;
and providing an effective date.
SUBJECT: Youthful Offender Act
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 10A O.S. 2021, Section 2 -5-201, is
amended to read as follows:
Section 2-5-201. Sections 2-5-201 through 2-5-213 of this title
shall be known and may be cited as the "Youthful Offender Act". The
Youthful Offender Act shall be implemented beginning January 1,
1998.
SECTION 2. AMENDATORY 10A O.S. 2021, Section 2 -5-202, is
amended to read as fo llows:
Section 2-5-202. A. For the purposes of the Youthful Offender
Act:
1. "Youthful offender" means a person:
a. thirteen (13) or fourteen (14) years of age who is
charged with murder in the first degree and cert ified
as a youthful offender as provided by Section 2 -5-205
of this title,
b. fifteen (15), sixteen (16), or s eventeen (17) years of
age and charged with a crime l isted in subsection A C
of Section 2-5-206 2-5-205 of this title, and
c. sixteen (16) or seventeen (17 ) years of age and
charged with a crime listed i n subsection B E of
Section 2-5-206 2-5-205 of this title,
ENR. S. B. NO. 217 Page 4
if the offense was committed on or after January 1, 1998 November 1,
2022; provided, the state shall not base the timing of the filing of
any charges solely on the applicability of the Youthful Offender
Act;
2. "Sentenced as a youthful offender " means the imposition of a
court order making disposition of a youthful offender as prov ided by
Section 2-5-209 of this title which shall constitute an adult
criminal sentence if the youthful offender is tra nsferred to the
custody or supervision of the Departm ent of Corrections; and
3. "Next friend" means an individual or executive of an
organization who has assumed a parental role without formal legal
proceedings, but to all objective observers is readily i dentified as
custodian or guardian in fact ;
4. "Certification as an adult" means a person for whom the
court has granted a motion for the imposition of an adult s entence
pursuant to subsection C of Section 7 of this act;
5. "Certification as a ju venile" means a person for whom the
court has granted a motion for certification as a juvenile pursuant
to subsection B of Section 6 of this act;
6. "Certification study" means a report prepared for the court
by the Office of Juvenile Affairs that includes but is not limited
to information related to the circumstances of an offense, any
injury that may have occurre d, the history of the person in the
juvenile justice system, and a psychological evaluation. Such study
shall address the guidelines established in subsection B of Section
6 of this act; and
7. "Juvenile delinquent" means a person who is accused of
committing an act which could be prosecuted under subsection A, B,
C, D, or E of Section 2-5-205 of this title and against whom the
district attorney has ch osen to file a petition alleging the person
as delinquent.
B. It is the purpose of the Youthful Offender A ct to better
ensure the public safety by hold ing youths accountable for the
commission of serious crim es, while affording courts methods of
ENR. S. B. NO. 217 Page 5
rehabilitation for those youths the courts determine, at their
discretion, may be amenable to such methods. It is t he further
purpose of the Youthful Offender A ct to allow those youthful
offenders whom the courts find to be amenable to rehabilitation by
the methods prescribed in the Youthful Offender Act to be placed in
the custody or under the supervision of the Offic e of Juvenile
Affairs for the purpose of acce ssing the rehabilitative programs
provided by that Office .
C. It is the intent of the Legislature to fully utilize the
Youthful Offender Act as a means to pr otect the public while
rehabilitating and holding youth accountable for serious crimes.
The Legislature finds that eligible seventeen -year-olds should have
the opportunity to be processed as youthful offenders as provided by
law and held accountable throu gh the provisions of the Youthful
Offender Act for custody, institutional placement, su pervision,
extended jurisdiction within the Office of Juvenile Affa irs (OJA),
and the ability to transfer youthfu l offenders to the Department of
Corrections when incarc eration or additional supervision is required
beyond the maximum age allowed in the OJA. No older youth should be
deemed ineligible or d enied consideration as a youthful offender who
is otherwise lawfully eligible based upon the age of the youth being
seventeen (17) years, but it is the intent of the Legisl ature that
such youthful offender shall not remain in the custody or under the
supervision of the OJA beyond the youthful offender's maximum age of
eighteen (18) years and six (6) months or until nineteen (19) years
of age if jurisdiction has been ex tended as provided in subsection D
of Section 9 of this act. To deny access to an otherwise eligible
older youth without cause is to circumvent the orig inal intent of
the Legislature in creating the Youthful Offender Act.
D. Unless otherwise provided by law, w hen a court determines
that a youthful offender has successfully completed his or her
treatment and rehabilitation plan and is discharged by the court
without a court judgment of guilt and the case dismi ssed with
prejudice, the arrest or adjudication recor d does not have to be
disclosed for the purposes of employment, civil rights, or any
regulation, license, questionnaire, application, or any other public
purpose. Any prohibition regarding possession of firearms pursuant
to Section 1283 of Title 21 of the Oklahoma Statutes shall still be
applicable.
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E. In any case for which the court orders a cert ification
study, the district attorney shall provide to the Office of Juvenile
Affairs (OJA) a copy of any police report and all other relevant
documents or information in the possession of the district attorney
or any other law enforcement agenc y that has reported to the
district attorney in the case, which should be considered in
preparing the ordered report. The police reports, any report from
the Oklahoma State Bureau of Investigation , and any other relevant
documents or information as available, shall be provided to the OJA
within five (5) business d ays of the issuance of the order.
F. In any case for which the court orders a certification
study, the attorney for the youth is ordered to provide to OJA the
names and contact information of the youth's parents, guardians, or
next friend, along with any relevant documents or information the
youth requests OJA to consider in the preparation of the ordered
report. The names and contact information and any other documents
or information shall be provided to OJA within five (5) business
days of the issuance of the order.
SECTION 3. AMENDATORY 10A O.S. 2021, Section 2-5-203, is
amended to read as follows:
Section 2-5-203. A. 1. A child who is charged with having
violated any a state statute or municipal ordinance other than as
provided in Sections Section 2-5-205 and 2-5-206 of this title shall
not be tried in a criminal action as a n adult or a youthful
offender, but in a juvenile proceeding, unless previously
adjudicated as a youthful offe nder or sentenced as an adult under
the provisions of the Youthful Offender Act or certified as an adult
pursuant to Section 2-2-403 of this title.
2. However, when When multiple offenses occur within the same
course of conduct within the same county and the person is
prosecuted for at least one offense as a youthful offender or as an
adult pursuant to subsection A, B, C, D, or E of Section 2-5-205 or
2-5-206 of this title, then all the charges may be prosecuted under
the same action pursuant to the provis ions of the Youthful Offender
Act, if so ordered by the court. The decision to join the cases
shall not be appealable as a final order. If the offense or
offenses listed in subsection A, B, C, D, or E of Section 2-5-205 or
Section 2-5-206 of this title is are subsequently dismissed for any
ENR. S. B. NO. 217 Page 7
reason, or if a verdict of not guilty is returned, then any
remaining pending charges shall be transferred to the j uvenile
court.
B. If, during the pendency of a criminal or quasi-criminal
charge against any person action under the Youthful O ffender Act, it
shall be ascertained that the person was a child at the time of
committing the alleged offense and had not reached the age
requirement for filing charges under subsection A, B, C, D, or E of
Section 2-5-205 of this title, the district court or municipal court
shall immediately transfer the case, together with all the papers,
documents and testimony connected therewi th, to the juvenile
division of the district court. The division making such transfer
shall order the child to be taken forthwith to the plac e of
detention designated by the juvenile division, to that division
itself, or release such child to the custody of some suitable person
to be brought before the juvenile division.
C. Nothing in this section shall be construed to prevent the
exercise of concurrent jurisdiction by another division of the
district court or by municipal courts in cases involving childr en
wherein the child is charged with the violation of a state or
municipal traffic law or ordinance.
D. 1. If a person commits an act which could have been charged
under subsection A, B, C, D , or E of Section 2-5-205 of this title
but, through no fault of the state, the crime was not reported or
did not become known to the district attorney or law enforcem ent
until the person reached eightee n (18) years of age, the person
shall be held accountable for his or her act as an adult and shall
not be subject to the provision s of the Youthful Offender Act or the
provisions of the Juvenile Code for certification as a juvenile.
2. In the event a person who is charged as a youthful offender
with a crime listed in subsection A, B, C, D, or E of Section 2-5-
205 of this title willfully and purposefully avoids arrest after
reasonable attempts by law enforcement to appreh end on his or her
warrant shall be prosecuted as an adult if apprehended after the
person turns eighteen (18) years of age.
SECTION 4. AMENDATORY 10A O.S. 2021, Section 2 -5-204, is
amended to read as follows:
ENR. S. B. NO. 217 Page 8
Section 2-5-204. A. A child who is arrested for an o ffense
pursuant to subsection A or B of Section 2 -5-206 of this title, or
who is certified as a youthful offender p ursuant to subsection A, B,
C, D, or E of Section 2-5-205 of this title, shall may, depending on
the child's age and alleged crime, be charged by as a juvenile
delinquent, youthful offender, or an adult. If c harged as a
juvenile delinquent, a petition shall be filed. If charged as a
youthful offender or adult, an information in the same manner as
provided for adults shall be filed. At any ti me after the child is
charged as a youthful offender or adult, the d istrict attorney may
dismiss the information and file a juvenile delinquent petition.
B. If the child is not otherwise represented by counsel and
either the child, his or her parent, gua rdian, or next friend
requests an attorney prior to or during interro gation, or whenever
upon being charged by information, as provided in subsection A of
this section, the court shall appoint an attorney, who shall not be
a district attorney, for the chil d regardless of any attempted
waiver by the parent, legal guardian, or other legal custodian of
the child next friend of the right of the child to be represented by
counsel. Counsel shall be appointed by If the court only upon
determination by appoints an attorney for a child for the
interrogation or at the initial appeara nce, the court that the shall
review the appointment at a subsequent hearing to determine if the
child, parent, legal guardian, or legal custodian is found to be
indigent next friend qualifies for a court-appointed attorney.
C. When a person is certified proceeds to stand trial as either
a youthful offender or as an adult or a youthful offender as
provided by the Youthful Off ender Act, the accused person sh all have
all the statutory and constitutional rights and protections o f an
adult accused of a crime . All proceedings shall be as for a
criminal action and the provisions of Title 22 of the Oklahoma
Statutes shall apply, exc ept as provided for in the Youth ful
Offender Act.
D. All youthful offender court records for a person who is
certified to stand tria l as an adult or youthful offender shall be
considered adult records and shall not be subject to the provisions
of Chapter 6 of the Oklahoma Juvenile Code; provided, however, all
reports, evaluations, motions, records, exhibi ts or documents
ENR. S. B. NO. 217 Page 9
regarding the educational history, mental health or medical
treatment or condition of the offender person that are submitted to
the court or admitted into evidence during the hearing on the motion
for certification as a juvenile or a youthful offender to the
juvenile system or on the motion for imposition of an adult sentence
shall be confidential and shall b e filed or admitted under seal,
except that such records sha ll be provided to the Office of Juv enile
Affairs. Any testimony regarding the reports, evaluations, mo tions,
records, exhibits or documents shall be given in camer a and shall
not be open to the g eneral public; provided, all persons having a
direct interest in the case as provided in paragr aph 1 of subsection
A of Section 2-2-402 of this title shall be allo wed to be present
during the testimony but shall be admonishe d not to discuss the
testimony following the hearing. All reports, evaluations, motions,
records, exhibits or documents shall be released from under seal by
order of the court if the youthful of fender is sentenced to the
custody or supervision of the Depa rtment of Corrections by the cou rt
pursuant to paragraph 1 of subsection B of Section 2 -5-209 or
paragraph 5 of subsection B of Section 2-5-210 of this title or if
the juvenile or youthful offend er is later charged as an adult with
a felony crime.
E. Proceedings against a youthful offen der shall be heard by
any judge of the district court.
F. Upon arrest and detention of a per son subject to the
provisions of Section 2-5-205 or 2-5-206 of this title the Youthful
Offender Act, the person has the same right to be released on bail
as would an adult in the same circu mstances.
G. Upon certification for the imposition of an adult sentence,
a verdict of guilty or entry of a plea of guilty or nolo contender e
by a youthful offender who has been certified for the im position of
an adult sentence as provided by Section 2—5-208 2-5-207 of this
title, the person may be detained in an adult jail, adult lockup,
adult detention facility or other adult facility if tha t facility is
licensed by the State Department of Health t o detain children under
eighteen (18) years of age while the perso n is awaiting housing by
the Department of Corrections.
H. A child or youthful offender shall be tried as an adult in
all subsequent criminal prosecutions, and shall not be subject to
ENR. S. B. NO. 217 Page 10
the jurisdiction of the juvenile court as a juvenile delinquent or
youthful offender processes in any further proceedings if:
1. The child or youthfu l offender has been certified to stand
trial as an adult pursuant to any certification procedure provided
by law and is subsequently convicted of the alleged offense or
against whom the imposition of judgment and sentence has been
deferred; or
2. The youthful offender has been certified for the imposition
of an adult sentence as provided by Section 2-5-208 2-5-207 of this
title and is subsequently convicted of the alleged offense or
against whom the imposition of judgment and sentencing has been
deferred.
I. Except as otherwise provided in the Youthful Offe nder Act, a
person who has been certifi ed as a youthful offender shall be
prosecuted as a youthful offender in all subsequent crimin al
proceedings until the youthful offender has attained eighteen (18)
years of age.
All proceedings for the commission of a crime committed after a
youthful offender has reached eighteen (18) years of age shall be
adult proceedings.
SECTION 5. AMENDATORY 10A O.S. 2021, Section 2-5-205, is
amended to read as follows:
Section 2-5-205. A. Any person thirteen (13) or fourteen (14)
years of age who is charged with murder in the first degree shall be
held accountable for the act as if the person were an adu lt;
provided, the person may be certified as a youthful offender or a
juvenile as provided by this sec tion, unless the person is subject
to the provisions of subsection H of Section 2-5-204 of this title.
B. Any person fifteen (15), sixteen (16) or sevent een (17)
years of age who is charged with murder in the first degree or rape
in the first degree or attempt thereof at that time shall be held
accountable for his or her act as if the person was an adult an d
shall not be subject to the provisions of the Yo uthful Offender Act
or the provisions of the Juvenile Code for certification as a
juvenile. The perso n shall have all the statutory rights and
ENR. S. B. NO. 217 Page 11
protections of an adult accused of a crime. All proceedings s hall
be as for a criminal action and the provision s of Title 22 of the
Oklahoma Statutes sh all apply. A person having been convicted as an
adult pursuant to this paragraph shall be tried as an adult for
every subsequent offense.
C. 1. Any person fifteen (15), sixteen (16) or seventeen (17)
years of age who is charged with:
1. Murder in the second de gree;
2. Kidnapping or attempt thereof;
3. Manslaughter in the first degree;
4. Robbery with a dangerous wea pon or a firearm or attempt
thereof;
5. Robbery in the first degree or attempt thereof;
6. Robbery committed by two or more persons;
7. Rape by instrumentation or attempt thereof;
8. Forcible sodomy;
9. Lewd acts or proposals to a child under sixteen (16) years
of age or any offense in violation of subsection A of Section 1123
of Title 21 of the Oklahoma Statutes;
10. Domestic abuse by strangulation;
11. Arson in the first degree or attempt th ereof; or
12. Any offense in violation of Section 652 of Title 21 of the
Oklahoma Statutes,
shall be held accountable for suc h acts as a youthful offende r;
provided, the person may be certified as a juv enile or as an adult
as provided by the provisions of the Youthful Offender Act.
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D. At the sole discretion of the district attorney, any person
fifteen (15), sixteen (16) or seve nteen (17) years of age who is
charged with rape in the first degree or attem pt thereof may be held
accountable for his or her act as if the person was an adult or as a
youthful offender. When charged as an adult, the person shall have
all the statutory rights and protections of an adult accused of a
crime. All proceedings shall be as for a criminal ac tion and the
provisions of Title 22 of the Oklahoma Statutes shall apply. A
person having been convicted as an adult pursuant to this subsection
shall be tried as an adult for every s ubsequent offense. When
charged as a youthful of fender, the person shal l be held accountable
for such acts as a youthful offender; provided, the person may be
certified as a juvenile or as an adult as provided b y the Youthful
Offender Act.
E. Any person sixteen (16) or seventeen (17) years of age who
is charged with:
1. Burglary in the first degree or a ttempted burglary in the
first degree;
2. Battery or assault and battery on a state employee or
contractor while in the custo dy or supervision of the Off ice of
Juvenile Affairs;
3. Aggravated assault a nd battery of a police officer;
4. Intimidating a witness;
5. Trafficking in or manufacturing illegal drugs;
6. Assault and battery with a deadly weapon;
7. Maiming;
8. Residential burglary in the s econd degree after two or more
adjudications that are separated in time for delinquency for
committing burglary in the first degree or residential burglary in
the second degree;
9. Rape in the second degree; or
ENR. S. B. NO. 217 Page 13
10. Use of a firearm while in commission of a felony,
may be held accountable for such acts as a youthful offender;
provided, the person may be certi fied as a juvenile or as an adult
as provided by the Youthful Offender Act.
F. 1. For any charges listed in Sections A, C, D, or E of this
section, the district attorney may elect to file a petition al leging
the person to be delinquent or may file an inf ormation charging the
person as a youthful offender. The district attorney shall
immediately notify the Office of Juvenile Aff airs upon the filing of
any youthful offender charges.
2. After an information has been filed charg ing a person as a
youthful offender under Sections A, C, D, or E of this section, or
as an adult under subsection B of this section, the district
attorney may elect to amend or dismiss the information and refile
any or all charges i n a delinquent petition.
3. Upon the filing of an in formation, the person's complete
juvenile record shall be made available to the district attorney and
the person's attorney.
G. 1. Upon the filing of an adult criminal information against
such accused a person, a warrant shall be issued which shall set
forth the rights of the accused person, and the rights of the
parents, guardian, or next friend of the accused person to be
present at the preliminary hearing, and to have an attorney present
and to make application for cert ification of such accused person as
a youthful offender to the district court for the purpose of
prosecution as a youthful offen der.
2. The warrant shall be personally served together with a
certified copy of the information on the accused person and on a
custodial parent, guardia n, or next friend of the accused person.
The court may inquire of the accused as to the whereabouts of his or
her parents, guardian, or next friend in order to avoid unnecessary
delay in the proceedings.
3. When personal service of a custodial parent, gua rdian, or
next friend of the accused person cannot be effected completed,
service may be made by certified mail t o such the person's last-
ENR. S. B. NO. 217 Page 14
known address, requesting a return receipt from the addressee only.
If delivery is refused, notice may be given by mailing the warrant
and a copy of the accused's warrant information on the accused
person by regular first-class mail to the addres s where the person
to be notified refused delivery of the notice sent by certified
mail. Where the address of a custodial parent, gu ardian or next
friend is not known, or if the mailed copy of the accused's warrant
and copy of the information on the accused person is returned for
any reason other than refusal of the addressee to acce pt delivery,
after a thorough search of all reasonably available sources to
ascertain the whereabouts of a custodial parent, gu ardian, or next
friend has been conducted, the co urt may order that notice of the
hearing be given by publication one time in a n ewspaper of general
circulation in the county. In addition, the The court may also
order other means of service of notice that the court deems
advisable or in the interests of justice.
4. Before service by publication is ordered, the court shall
conduct an inquiry to determ ine whether a thorough search has been
made of all reasonably available sources to ascertain the
whereabouts of any party person for whom notice by publicat ion is
sought.
D. 1. The accused person shall file any motions for
certification as a youthful off ender or a juvenile before the start
of the criminal preliminary hearing. If both a motion for
certification as a youthful offender and a motion for certif ication
as a juvenile are filed, they shall both be heard at the same time.
No motion for certifica tion as a youthful offender or certification
as a juvenile may be filed after the time specified in this
subsection. Upon the filing of such motion, the co mplete juvenile
record of the accused shall be made available to the district
attorney and the accus ed person. All reports, evaluations, motions,
records, exhibits or documents regarding the educati onal history,
mental health or medical treatment or condi tion of the offender that
are submitted to the court or admitted into evidence during the
hearing on the motion for certification as a youthful offender to
the juvenile system or motion for impositio n of an adult sentence
are confidential and shall be file d or admitted under seal, except
that such records shall be provided to the Office of Juvenile
Affairs. Any testimony regarding the reports, evaluations, motions,
records, exhibits or documents shal l be given in camera and shall
ENR. S. B. NO. 217 Page 15
not be open to the general public; provided, all persons having a
direct interest in the case as provided in paragraph 1 of su bsection
A of Section 2-2-402 of this title shall be allowed to be present
during the testimony but shall be admonished not to discuss the
testimony following the hearing. All reports, evaluations, motions,
records, exhibits or documents shall be released from under seal by
order of the court if the youthful offender is sentenced t o the
custody or supervision of the Department of Corrections by the court
pursuant to either paragraph 1 of subsection B of Section 2-5-209 or
paragraph 5 of subsection B of Section 2-5-210 of this title or if
the juvenile or youthful offender is later ch arged as an adult wit h
a felony crime.
2. 5. The person is presumed to be a youthful offender, and the
proceedings shall continue under such presumption unl ess the court
grants the person's motion for certifica tion as a juvenile pursuant
to Section 6 of this act or grants the district attorney 's motion
for imposition of an adult s entence pursuant to Section 7 of this
act.
H. The court shall commence a the preliminary hearing within
ninety (90) days of the fi ling of the information, pursuant to
Section 258 of Title 22 of the Oklahoma Statutes, to determine
whether the a crime was committed and whether if there is probable
cause to believe the accused person committed a the crime. If the
The requirement for the p reliminary hearing to be held within ninety
(90) days may be waived by the accused.
1. For a person charged under subs ection A or B of Section 2-5-
205 of this title, if the preliminary hearing is not co mmenced
within ninety (90) days of the filing date of the accused person is
charged information, the district court shall hold a hearing to
determine the reasons for delay utilizing the procedure set out in
Section 812.2 of Title 22 of the Oklahoma Statute s, to ensure the
preliminary hearing is expedited, unless the ninety-day requirement
has been waived by the accused.
2. For a person charged under subsection C , D, or E of Section
2-5-205 of this title, if the preliminary hearing is not commenced
within ninety (90) days of the filing of the information, the
district attorney shall be prohibited from seekin g an adult sentence
ENR. S. B. NO. 217 Page 16
unless the ninety-day requirement has been waived by the accused.
If
3. For an accused person charged under subsection A, B, C, D,
or E of Section 2-5-205 of this title, if the whereabouts of the
accused are unknown at the time of the filing of the information or
if the accused is a fugitive, th e State of Oklahoma shall make
reasonable efforts to locate the accused in order to commenc e the
proceedings. An accused who flees the jurisdiction of the court or
purposely avoids apprehension for the charges, waives the right to
have the preliminary hea ring commenced within ninety (90) days of
the filing of the information. An accused who fails to cooperate
with providing information in locating the parents of the accused,
guardian, or next friend for purpose of notice waives the ri ght to
have the preliminary hearing commence within ninety (90) days of the
filing of the information . If the preliminary hearing did does not
commence within ninety (90) days from the filing of the information
due to the absence or inability to locate the acc used, the
preliminary hearing shall commence within ninety (90) days after the
state has actual notice of t he in-state location of the accused. If
the accused is found out of state, the court shall set the hearing
within ninety (90) days after the accused has been returned to the
State of Oklahoma. An accused who fails to cooperate with providing
information in locating his or her par ent, guardian, or next fr iend
for purposes of notice waives the right to have the prelimina ry
hearing commence within ninety (90) days of the filing of the
information.
3. I. At the conclusion of the state 's case at the criminal
preliminary hearing, the state and if the accused has filed a motion
for certification as a juvenile p ursuant to subsection A of this
section, or if the district attorney has filed a motion for the
imposition of an adult sentence p ursuant to Section 7 of this act,
both the accused person and the district att orney may offer evidence
to in support or oppose in opposition of the pending motion or
motions for certification as a youthful offender or an alleged
juvenile delinquent.
E. J. The court shall rule on any motions properly filed motion
for certification as a youthful offender or an alleged juvenile
delinquent or motion for the imposition of an adult sentence before
ruling on whether to bind the accused over for trial. When ruling
ENR. S. B. NO. 217 Page 17
on a motion for certi fication as a youthful offender or juvenile,
the court shall give consideration to the following guidelines with
greatest weight to be given to paragraphs 1, 2 and 3:
1. Whether the alleged offense was committed in an aggressive,
violent, premeditated or willful manner;
2. Whether the offense was against persons, and, if personal
injury resulted, the degree of personal injury , and the statements
of the victim or victims;
3. The record and past history of the accused person including
previous contacts wit h law enforcement agencies and juvenile or
criminal courts, prior periods of probation and commitments to
juvenile institutions;
4. The sophistication and maturity of the accused person and
the capability of distinguishing right from wrong as determined b y
consideration of the person's psychological evaluation, home,
environmental situation, emotional attitude and pattern of living;
5. The prospects for adequate protection of the public if the
accused person is processed through the youthful offender syst em or
the juvenile system;
6. The reasonable likelihood of rehabilitation of the accused
person if such person is found to have committed t he alleged
offense, by the use of procedures and facilities cu rrently available
to the juvenile court; and
7. Whether the offense occurred while the accused person was
escaping or on escape status from an institution for yo uthful
offenders or delinquent c hildren.
The court, in its decision on a motion for certificat ion as a
youthful offender or juvenile, shall detail f indings of fact and
conclusions of law to each of the above considerations, and shall
state that the court h as considered each of the guidel ines in
reaching its decision.
F. The order certifying a pers on as a youthful offender or an
alleged juvenile delin quent or denying the request for certification
ENR. S. B. NO. 217 Page 18
as either a youthful offender or an alleged juvenile delinque nt
shall be a final order, appea lable to the Court of Criminal Appeals
when entered.
G. An order certifying the accused person as a youthful
offender or an alleged juvenile delinquent shall not be reviewable
by the trial court.
H. If the accused person i s prosecuted as an adult and is
subsequently convicted of the alleged offense or against whom the
imposition of judgment and sentencing has been def erred, the person
may be incarcerated with the adult population and shall be
prosecuted as an adult in all s ubsequent criminal proceedings.
SECTION 6. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 2-5-206A of Title 10A, unless
there is created a duplica tion in numbering, reads as follows:
A. 1. When the attorney for the accused person determines
there is good cause to believe the accused should have been charged
as a delinquent and not as youthful of fender, the attorney for the
accused shall file a motion for certification as a juvenile. The
motion for certification as a juvenile shall be filed prior to the
start of the preliminary hearing. No motion for certification as a
juvenile may be filed afte r the preliminary hearing has begun.
2. If a motion for certification as a juvenile has been filed,
the court shall order a certification study to be conducted, unless
waived by the accused with the approva l of the court. Any such
certification study sha ll be completed by the Office of Juvenile
Affairs. Upon ordering the certification study, the court shall
determine if the parent, guardian, next friend, or other person
legally obligated to care for and support the child has the ability
to pay costs for the study and if so, the court may order payment of
such costs to the Office of Juvenile Affair s in an amount not to
exceed One Thousand Dollars ($1,000.00) . The court shall set a
reasonable date for the payment of the fee due to the Office of
Juvenile Affairs for the completion of the certification study. In
hardship cases, the court may establish a payment schedule.
ENR. S. B. NO. 217 Page 19
B. When ruling on a motion for certification as a juvenile, the
court shall consider the following guidel ines with greatest weight
to be given to paragraphs 1, 2, and 3:
1. Whether the alleged offense was committed in an ag gressive,
violent, premeditated, or willful manner, and the accused person 's
level of involvement in the offense;
2. Whether the offense was against persons and if personal
injury resulted, the degree of personal injury, a nd the statement or
statements of the victim or victims;
3. The record and past history of the accused person including
previous contacts with law enforcement agencie s and juvenile or
criminal courts, prior p eriods of probation, and commitments to
juvenile institutions;
4. The sophistication, age, and maturity of the person and the
capability of distinguishing rig ht from wrong as determined by
consideration of the person's psychological evaluation, home,
environmental situation, emotional attitude , and pattern of living;
5. The prospects for adequate prote ction of the public if the
accused is processed through th e juvenile justice system as either a
delinquent or youthful offender;
6. The reasonable likelihood of rehabilitation if the accused
is found to have committed the offense, by the use of programs and
facilities currently available to the court through the juvenile
justice system; and
7. Whether the offense occurred while the accused was escaping
or on escape status from a facility or placement for youthful
offenders or delinquent children.
C. The court, in its decision on a motion for certifi cation as
a juvenile, shall issue a written order and prepa re detailed
findings of fact and conclusions of law as to each of the
considerations in subsection B of this section, and shall state that
the court has considered each of the guidelines in reachin g its
decision.
ENR. S. B. NO. 217 Page 20
D. The order granting or denying the motion for certification
as a juvenile shall be a final order, appealable to the Court of
Criminal Appeals when entered.
E. An order certifying the accused person as a juvenile shall
not be reviewable by the trial court.
SECTION 7. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 2-5-207A of Title 10A, unless
there is created a duplication in num bering, reads as follows:
A. Whenever the district attorney determines there is good
cause to believe that the person charged as a youthfu l offender
would not reasonably complete a plan of rehabilitation or the public
would not be adequately protected if the person were to be sentenced
as a youthful offender, the district attorney may file a moti on for
the imposition of an adult sentence. The district attorney may
elect when to file the motion for the imposition of an adult
sentence as set forth as follows:
1. The district attorney may file the motion for the i mposition
of an adult sentence no later than fourteen (14) days prior to the
start of the preliminary hearin g. If the motion is properly filed
prior to preliminary hearing, the court shall rule on such motion
prior to a ruling to bind the person over for trial. Once the
motion for imposition of an adult sen tence is heard by the court,
such motion cannot be filed again and argued to the trial court
after arraignment.
2. The district attorney may fi le the motion for the imposition
of an adult sentence no later than thirty (30) days following formal
arraignment. If the motion is properl y filed, such motion will be
heard and ruled upon by the trial court .
3. If the accused's attorney indicates to the court that the
accused wishes to plead guilty or nolo c ontendere to the charge or
charges, the court shall notify the district attorney. The district
attorney shall have ten (10) days after notification to file the
motion for the imposition of an adult se ntence. If the motion is
properly filed, such motion w ill be heard and ruled upon by the
trial court.
ENR. S. B. NO. 217 Page 21
B. If a motion for imposition of an adult sentence was proper ly
filed, the court shall order a certificati on study to be prepared by
the Office of Juveni le Affairs, unless waived by the accused with
approval of the court unless previously prepared pursuant to Section
6 of this act. Upon ordering the certification s tudy, the court
shall order the parent, guard ian, next friend, or other person
legally obligated to care for and support the accused, to pay a fee
to the Office of Juvenile Affairs of not less than O ne Hundred
Dollars ($100.00), nor more than One Thousand D ollars ($1000.00).
The court shall set a reasonable date for the payment of the fee due
to the Office of Juvenile Affairs for the completion of the
certification study. In hardship cases, the cour t may establish a
payment schedule.
C. When ruling on a motion for the imposition of an adult
sentence, the court shall consider the following guideli nes with
greatest weight to be given to paragraphs 1, 2, and 3:
1. Whether the alleged offense was committed in an aggressive,
violent, premeditated, or willful manner, and the accused's level of
involvement in the offense;
2. Whether the offense was agains t persons and, if personal
injury resulted, the degree of personal injury, and the statement or
statements of the victim or victims;
3. The record and past hist ory of the accused person including
previous contacts with law enfo rcement agencies and juvenil e or
criminal courts, prior periods of proba tion, and commitments to
juvenile facilities or placem ents;
4. The sophistication, age, and maturity of the person and the
capability of distinguishing right f rom wrong as determined by
consideration of the person's psychological evaluation, home,
environmental situation, emotional atti tude, and pattern of living;
5. The prospects for adequate prote ction of the public i f the
accused person is processed through the juvenile justice system as
either a delinquent or youthful offender;
6. The reasonable likelihood of rehabilitation if the accused
is found to have committed the offense, using programs and
ENR. S. B. NO. 217 Page 22
facilities currently available to the court through the juvenile
justice system; and
7. Whether the offense occurred while the accused person was
escaping or on escape status from a facility or placement for
youthful offenders or delinquent children.
D. After the hearing and consideration of the report of the
investigation, the court sha ll certify the person as e ligible for
the imposition of an adult sentence only if the court finds by clear
and convincing evidence that there is good cause to believe that the
accused would not reasonably complete a plan of rehabili tation or
that the public would not be adequately pro tected if the accused
were to be sentenced as a youthful offender.
E. The court, in its decision on a motion for the imposition of
an adult sentence, shall issue a written order and prepare detailed
findings of fact and conclusions of law as to each of the
considerations in subsections C and D of this section, and shall
state that the court has considered each of the guidelines in
reaching its decision.
F. The order granting or denying the motion for the imposition
of an adult sentence shall be a final or der, appealable to the Court
of Criminal Appeals when entered.
G. An order granting the district attorney's motion for the
imposition of an adult sentence shall not be reviewable by the trial
court.
SECTION 8. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 2-5-208A of Title 10A, unless
there is created a duplication in numb ering, reads as follows:
A. After consideration of the evidence and a rgument presented,
the court shall impose a sentence. The court may sentence the
youthful offender to the same range of pun ishment, except for
capital offenses, as an adult who was convicted of the same offense
or offenses. Any sentence imposed upon a yo uthful offender may be
served in the supervision or custody of the Office of Juvenile
Affairs until one of the following occ urs:
ENR. S. B. NO. 217 Page 23
1. The expiration of the sentence;
2. The youthful offender is discharged from supervision or
custody of the Office of Juven ile Affairs by the court; or
3. The court transfers the you thful offender to the custody or
supervision of the Department of Corrections.
In addition to the placement of the youthful offender in the
supervision or custody of the Office of Juvenile Affai rs, the court
may issue orders regarding the youthful offender as provided by law
for the disposition of an adjudicated juve nile delinquent as lo ng as
the age of the youthful offender does not exceed nineteen (19) years
of age.
B. A youthful offender adju dication is not an adult conviction,
nor shall any youthful of fender adjudication prevent the youthful
offender from exercis ing any right or pri vilege under law.
C. The sentence imposed by the court on a youthful offender wh o
is transferred to the custody or supervision of the Department of
Corrections shall not exc eed the maximum term of the original
sentence.
D. Upon adjudicating a youthful offender, the court shall file
a Judgment of Adjudication as a Youthful Offender. The Judgment of
Adjudication shall reflect the date of adjudication, the adjudicated
crimes, and the youthful offender sentence imposed.
E. Whenever a youthful offender is placed in the custody or
under the supervision of the Office of Juvenile Affairs, t he Office
of Juvenile Affairs shall, within thirty (30) days of receiving
notification of the placement, prepare and file with the court the
written rehabilitation plan for the youthful offender. The
rehabilitation plan shall ensure the protection of the public and
shall include but not be limited to:
1. The placement decisio n, such as community, group home,
secure care, or specialized placement ;
2. The youthful offender's treatment and educational needs;
ENR. S. B. NO. 217 Page 24
3. The measurable objectives required for the youthful
offender's successful completion of the rehabilitation plan;
4. The treatment objecti ves for the youthful offender's parent,
guardian, or next friend; and
5. If the youthful offender is placed in a group home, secure
care, or specialized placement , the preconditions for reintegration
into the community.
SECTION 9. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as S ection 2-5-209A of Title 10A, unless
there is created a duplication in numb ering, reads as follows:
A. The court shall schedule a youthful offender review hearing
no less than every six (6) months. Additional review hearings may
be scheduled upon the motion of the court or for good cause shown at
the request of the youthful offender 's attorney, the district
attorney, or the Office of Juvenile Affairs. Notice shall be given
to the youthful offender, the counsel, parent or guardian of the
youthful offender, the district attorney, and the Office of Juvenil e
Affairs at the time the motion for rev iew is made or filed. At the
review hearing, the court may:
1. Extend the jurisdiction of the court, and the Office of
Juvenile Affairs, as specified in subsection B and C of this
section;
2. Order a community-placed youthful offender, if less than
eighteen (18) years of age, into a sanctions program operated or
contracted by the Office of Juvenile Affairs, if available, if the
court determines the youthful offen der has failed to comply with the
rehabilitation plan;
3. Revoke the youthful offender 's community placement and place
the youthful offender in the custody of the Office of Juvenile
Affairs if such offender is less than eighteen (18) years of age, if
the court determines the youthful offender has substant ially failed
to comply with the rehabilita tion plan;
ENR. S. B. NO. 217 Page 25
4. Discharge the youthful of fender from the supervision or
custody of the Office of Juvenile Affairs without a court judg ment
of guilt and dismiss th e case; or
5. Transfer the youthful offender from t he supervision or
custody of the Office of Juvenile Affairs to the Department of
Corrections pursuant to the provisions of paragraph 2 of subsection
A of Section 10 of this act.
B. The court shall hold a hearing thirty (30) days prio r to the
youthful offender's eighteenth birthday, if the sentence has not
expired, or the youthful offender has not been transferred to the
custody or supervision of the Department of Corrections. At the
hearing, the court shall make one of the follo wing determinations
to:
1. Extend the custody or supervision of Offic e of Juvenile
Affairs, to continue the y outhful offender's rehabilitation plan;
2. Discharge the adjudication without a court judg ment of guilt
and dismiss the case; or
3. Transfer the youthful offender into the custody or
supervision of the Department o f Corrections pursuant to paragraph 2
of subsection A of Section 10 of this act. The sentence imposed by
the court on a youthful offender who is transferre d to the custody
or supervision of the Department of Correctio ns shall not exceed the
maximum term of the original sentence.
C. The court shall hold a hearing thirty (30) days prior to the
youthful offender attaining the age of eighteen (18) years and si x
(6) months, if the sentence has not expired, or the youthful
offender has not been transferred to the custody or supervision of
the Department of Corrections. At the hearing, the court shall make
one of the following determinations :
1. At the recommendation of the Office of Juvenil e Affairs, the
court may extend the yout hful offender's custody or supervision to
the age of nineteen (19) to a llow him or her to complete the
reintegration phase o f the treatment program or community
supervision. During this extension, the youthful o ffender may be
ENR. S. B. NO. 217 Page 26
transferred to the Departm ent of Corrections pursuant to paragraph 2
of subsection A of Section 10 of this act;
2. Discharge the adjudication without a court judgement of
guilt and dismiss the case ; or
3. Transfer the youthful offender into the custody or
supervision of the Department of Corrections pursuant to paragraph 2
of subsection A of Section 10 of this act. The sentence imposed by
the court on a youthful offender who is transferred to the custody
or supervision of the Department of C orrections shall not exceed the
maximum term of the original sentence .
D. If the court has extended jurisdiction of the youthful
offender until nineteen (19) years o f age, the youthful offender
shall remain in the supervisi on or custody of the Office o f Juvenile
Affairs until he or she has been discharged or sentenced by t he
court or until his or her nineteenth birthday, at which time the
youthful offender will be ret urned to the court for final
disposition. The court shall have the same dispositional options as
provided in paragraphs 2 and 3 of subsection B of this section. Any
Motion to Transfer Cu stody to Department of Corrections shall be
filed prior to the youthful offender's nineteenth birthday;
provided, however, the hearing may occur after the nineteenth
birthday to allow the youthful offender the latest possible time to
be in compliance.
E. The Office of Juvenile Affairs may make recommendations to
the court concerning the disposition of any youthful offender plac ed
in the supervision or custo dy of the Office of Juvenile Affairs.
F. Any order issued by the senten cing court under subsection B,
C, or D of this section shall be a final order, appealable when
entered to the Court of Criminal Appeals .
G. 1. If authorized by the court, any hearing may be conducted
as a virtual hearing or through telephonic communicati ons.
2. For purposes of this subsection:
a. "telephonic communication" means participation by
interactive telephonic communication which permits
ENR. S. B. NO. 217 Page 27
auditory communication between t he court, the youthful
offender, and all necessary partici pants, and
b. "virtual hearing" means a hearing held where
participation is accomplished in whole or in part
using a computer program which permits both visual and
auditory communication between t he court, the youthful
offender, and all necessary participants.
SECTION 10. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Se ction 2-5-210A of Title 10A, unless
there is created a duplication in numbering, reads as follows:
A. 1. Whenever the district attorney or the Office of Juvenil e
Affairs (OJA) believes that a youthful off ender in the custody or
supervision of OJA should be transferred to the custody or
supervision of the D epartment of Corrections , the district attorney
or OJA may file a motion re questing such transfer and the cou rt
shall set the motion for hearing. Notice of the motion and hearing
shall be given to the youthful offender, the youthful offender's
counsel, the parent or guardian of the youthful offender, and eith er
the district attorney or OJA. OJA may make recommendations to the
court concerning the transfe r of a youthful offender to the
Department of Corrections.
2. The Court may order the youthful offend er transferred to the
custody or supervision of the Department of Correctio ns only if the
court finds by clear and convincing evidence that the youthful
offender has:
a. failed to make substantial prog ress towards completing
the treatment plan which the youthful offender is
expected to have achieved ,
b. established a pattern of disruptive behavior which is
not conducive to the established policies and
procedures of the program or facility or engaged i n
other types of behavior which has endangered the life
or health of other residents or staff of the facility ,
ENR. S. B. NO. 217 Page 28
c. caused disruption in the facility , smuggled contraband
into the facility, or participated or assi sted others
in smuggling contraband into th e facility,
d. committed battery or assault and battery on an OJA
employee or contractor of a juvenile facilit y,
e. committed battery, assault and battery, or endangered
the life or health of another person ,
f. committed a felony while in the custod y or supervision
of OJA as demonstrated by:
(1) the entry of a plea of guilty or nolo con tendere,
(2) an adjudication, or a judgment and sentence
following a verdict of guilty, or
(3) clear and convincing evidence , or
g. left a facility in whic h the youthful offender was
being held without permission.
The court, in its decision to transfer custody of the youthful
offender to the custody of the Department of Corrections, shall
issue a written order and make detailed findin gs of fact and
conclusions of law addressing the grounds alleged in the motion of
the district attorney or OJA.
B. An order transferring custody of a youthful offender to the
Department of Corrections shall be d eemed an adult conviction and
shall be recorded as such in the court records and criminal history
records of the offender. Such order shall be a final order,
appealable when entered. In addition to a judgment and sentence for
an adult conviction, the cou rt shall provide to the Department o f
Corrections a detailed memorandum or historical statement of the
Youthful Offender Act as applie d to the offender being transferred
to the Department of Co rrections including the date of the offense,
the date of the adjudication as a youthful offender, the date of the
filing of the motion to transfer custody of the offender to the
adult criminal system, and the date of the imposition of the adult
sentence.
ENR. S. B. NO. 217 Page 29
C. The court shall grant time -served credits against the adult
sentence imposed for any youthful o ffender transferred to the
Department of Corrections. For the purpose of calculating time
served to be applied toward any sentence imposed upon a youthful
offender, in the event a youthful offender has been placed in th e
custody or supervision of the Offic e of Juvenile Affairs, the
offender shall receive day-for-day credit for the time spent in the
custody or under the supervision of the Office of Juvenile Affairs.
Upon commitment to the Department of Corrections, a you thful
offender shall also receive othe r credits as provided by law for an
adult inmate.
D. 1. If the court dismissed the youthful offender case, the
person may file a motion to expunge the plea and the youthful
offender adjudication and sentence from the record.
2. The court, after hearing the motion, and any objections, may
grant the expungement of the youthful offender's record as provided
by the procedures in subsection D of Section 991 c of Title 22 of the
Oklahoma Statutes, if the court finds that th e youthful offender has
reasonably completed the rehabilitation plan, that the expungement
is in the best interest of the youthful offender, and that such
dismissal will not jeopardize publi c safety.
3. The court, after hearing the motion and any objectio ns, may
order the expungement of all files and records over which the court
has jurisdiction pertaining to the arrest and adjudication of the
former youthful offender, and shall order the clerk of the court to
expunge the entire file and record of the case or any files produced
or created by a law enforcement agency in which the name of the
former youthful offender is mentioned. The court may order the
Office of Juvenile Affairs to expunge all records relating to the
former youthful offender that are in th e possession of the Office of
Juvenile Affairs, except when the documents are necessary to
maintain state or federal funding.
4. An expungement requested under paragraph 1 of this
subsection may be granted regardless of any court action or inaction
under paragraph 2 of this subsection.
ENR. S. B. NO. 217 Page 30
5. Members of the judiciary, district attorneys, the youthful
offender, counsel for the youthful offender, employees of juvenile
bureaus and the Office of Juvenile Affairs who are assigned juvenile
court intake responsibili ties, and the Department of Corrections may
access records that have been expunged pursuant to thi s subsection
without a court order for the purpose of determining whether to
dismiss an action, seek a voluntary probation, file a petition or
information, or for purposes of sentencing or placement in a case
where the person who is the subject of the seal ed record is alleged
to have committed a subsequent youthful offender act, a juvenile
delinquent act, or any adult criminal offense. Provided, any record
sealed pursuant to this section shall be ordered unsealed upon
application of the prosecuting agency when the records are requested
for use in any subsequent juvenile delinquent, youthful offender, or
adult prosecution.
6. As used in this subsection, "expunge" means the sealing of
criminal records.
SECTION 11. AMENDATORY 10A O.S. 2021, Section 2-5-212,
is amended to read as follows:
Section 2-5-212. A. Whenever a youthful offender is committ ed
to the custody of the Offi ce of Juvenile Affairs, the Office of
Juvenile Affairs may:
1. Place shall have the legal responsibility and a uthority to
place a youthful offender in:
1. In a secure facility or other institution or facility
maintained by the state for delinquents or youthfu l offenders;
2. Place the youthful offender in In a group home or community
residential facility for del inquents or youthful offenders; or
3. Place the youthful offender under Under community
supervision prior to or after a period of placement in one or more
of the facilities referred to in parag raphs 1 and 2 of this
subsection. The Office of Juvenile Affai rs may place a youthful
offender in his or her own home, or an independent living or other
similar living arrangement within the community of the residence of
the youthful offender only upon th e approval of the court; provided,
ENR. S. B. NO. 217 Page 31
the court shall not prohibit the reintegration of the youthful
offender into the community except upon finding that the youthful
offender has not reasonably completed the rehabilitation plan
objectives established as prec onditions for reintegration into the
community or that the publ ic would not be adequately protected if
the youthful offender is reintegrated into the community; or
4. Place the youthful offender in a sanction program if the
youthful offender fails to comp ly with a written plan of
rehabilitation or fails substantially to achieve reasonable
treatment objectives while in community or other nonsecure programs .
B. The court shall not prohi bit the reintegration of the
youthful offender into the communi ty except upon finding that the
youthful offender has not reasonably completed the rehabilitation
plan objectives established as preconditions for reint egration into
the community or that the public would not be adequately protect ed
if the youthful offender is reintegrated i nto the community.
C. Placement of the youthful offe nder pursuant to this section
or any other provision of law shall b e the responsibility of the
Office of Juvenile Affairs and shall occur as soon as reasonably
possible but not more than forty -five (45) days following the filing
and adoption of the written rehabilitation plan as provided in
Section 2-5-210 8 of this title act. This placement time period m ay
be extended upon the declaration of an emergency by the Board of
Juvenile Affairs. For the purpos es of this section, "emergency"
means any situation t hat places the health, safety and well-being of
the residents or staff in imminent peril. The court s hall not have
authority to require order a specific placement of a youthful
offender in a time frame which would require the removal of any
other juvenile or youthful offender from such placement.
C. D. The Office of Juvenile Affairs sha ll be responsible for
the care and control custody of a youthful offender who has been
placed in the custody of the Office of Juvenile Affairs, and shall
have the duty and the authority to provide food, clothing, shelter,
ordinary medical care, e ducation, discipline and in an emergency to
authorize surgery or other extraordinar y care. The medical care,
surgery and extraordinary care shall be charged to the appropriate
agency where the youthful offender qualifies for the care under law,
rule, regulation or administrative order or decision. Nothing in
ENR. S. B. NO. 217 Page 32
this section shall abrogate the right of a youthful offender to any
benefits provided through public funds nor the parent 's statutory
duty or responsibility to provide said necessities; further, no
person, agency or institution sha ll be liable in a civil suit for
damages for authorizing or not authorizing surgery or extraordinary
care in an emergency, as determined by competent medical authority.
A youthful offender placed in the custody of the Office of Juvenile
Affairs who has attained eighteen (18) years of age or older may
authorize and consent to the medical care sought on behalf of the
youthful offender by the Office of Ju venile Affairs and to be
provided to the youthful offender by a qualified h ealth care
professional. No st ate employee shall be liable for the costs of
any medical care or behavioral health services provided to any child
in the custody of the Office of Juv enile Affairs.
D. E. A youthful offender in the custody of the Office of
Juvenile Affairs shall:
1. Be entitled to the rights afforded j uvenile delinquents
pertaining to any due process afforded delinquents in regard to
movement from a nonsecure to a se cure placement; and
2. As appropriate to the age and circumstances of the yout hful
offender, be provided educ ation, employment, and employ ment skills
and vocational and technical o r higher education services,
apprenticeship programs and similar opportunit ies.
E. F. The Office of Juvenile Affairs shall have standing to
seek review, including an appellate review, of any order directing
the Office of Juvenile Affairs to take any action with regard to a
youthful offender placed in the custody or under the su pervision of
the Office of Juvenile Affairs.
SECTION 12. AMENDATORY 10A O.S. 2021, Section 2 -5-213,
is amended to read as follows:
Section 2-5-213. A. Upon the motion of a pers on who has been
convicted adjudicated and sentenced as a youthful offender and who
has been subsequently t ransferred to the adult system pursuant to
Section 2-5-210 10 of this title act, with the recommendation of the
sentencing court, the Governor may gra nt a full and complete pardon
and restore citizenship to any person who has been convicted and
ENR. S. B. NO. 217 Page 33
sentenced as a youthful offender an adult and who has completed the
sentence or been discharged fr om parole.
B. Upon the motion of a person convicted as a youth ful
offender, and three (3) years after the expiratio n of the sentence
of the youthful offe nder, the court may set aside t he conviction if:
1. The court has previously found that the person ha s
reasonably complied with the rehabilitation plan and objectiv es;
2. The person was discharged from supervision by the Office of
Juvenile Affairs, or wa s granted early discharge from such
supervision by the court; or
3. The person has completed the sent ence imposed as a result of
his first conviction as a youthful offender and has no subsequent
convictions.
If a conviction is set aside pursuant to this s ubsection, the
youthful offender shall thereafter be released from all penalties
and disabilities resu lting from the offense for which such person
was convicted, including but not limited to, any disqualification
for any employment or occupational license, or both, created by any
other provision of law. The court may in addition order any law
enforcement agency over whom the court has jurisdiction to produce
all files and records pertaining to said arrest and convictio n of
the youthful offender and shall o rder the clerk of the court to
destroy the entire file and record of the case, including docket
sheets, index entries, court records, summons, warrants or records
in the office of the clerk or which have been produced by a law
enforcement agency in which t he name of the youthful offende r is
mentioned. The court may order probation officers and counselors to
destroy all records, reports, and social and clinical studie s
relating to said youthful offender that are in thei r possession
except when said document s are necessary to maintain sta te or
federal funding.
SECTION 13. REPEALER 10A O.S. 2021, Sections 2-5-206, 2-
5-207, 2-5-208, 2-5-209, and 2-5-210, are hereby repealed.
SECTION 14. This act shall become effective November 1, 2022.
ENR. S. B. NO. 217 Page 34
Passed the Senate the 19th day of May, 2022.
Presiding Officer of the Senate
Passed the House of Representatives the 19th day of May, 2022.
Presiding Officer of the House
of Representatives
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this _______ _____________
day of _________________ __, 20_______, at _______ o'clock _______ M.
By: _______________________________ __
Approved by the Governor of the State of Oklahoma this _____ ____
day of _________________ __, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this _______ ___
day of __________________, 20 _______, at _______ o'clock _______ M.
By: _______________________________ __