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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 77 By: Howard
AS INTRODUCED
An Act relating to the Youthful Offender Act;
amending Section 7, Chapter 375, O.S.L. 2022 (10A
O.S. Supp. 2022, Section 2 -5-207A), which relates to
motion for imposition of adult sentence; updating
statutory reference; making the issuance of court
order to pay certain fee permissive; updating
statutory language; and declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STA TE OF OKLAHOMA:
SECTION 1. AMENDATORY Section 7, Chapter 375, O.S.L.
2022 (10A O.S. Supp. 2022, Section 2 -5-207A), is amended to read as
follows:
Section 2-5-207A. A. Whenever the district attorney determines
there is good cause to believe that the person charged as a youth ful
offender would not reason ably 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 motion for the impositio n 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:
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1. The district attorney may file the motion for the imposition
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 attorne y may file the motion for the imposition
of an adult sentence no later than thirty (30) days follow ing formal
arraignment. If the motion is properly 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 contendere to the charge or
charges, the court shall notify the district attorn ey. The district
attorney shall have ten (10) days after notification to file the
motion for the imposition of an adult sentence. If the motion is
properly filed, such motion will be heard and ruled upon by the
trial court.
B. If a motion for imposition of an adult sentence was proper ly
filed, the court sha ll order a certificat ion study to be prepared by
the Office of Juvenile Affairs, unless waived by the accused with
approval of the court unless previously pre pared pursuant to Section
6 2-5-206A of this act title. Upon ordering the certification
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study, the court shall may 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 One Hundred Dollars ($100.00), nor more than One Thousand
Dollars ($1000.00) ($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.
C. When ruling on a motion for the impositi on 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 aga inst 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 pe rson including
previous contacts with law enforcement agencies and juve nile 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
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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
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 shall certify the person as eligible 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 protected 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
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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 fina l order, 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 2. It being immediately necessa ry for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof thi s act shall take effect and
be in full force from and after its passage an d approval.
59-1-1476 TEK 12/28/2022 10:33:03 AM