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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
SENATE BILL 390 By: Nice
AS INTRODUCED
An Act relating to sentencing of juveniles; amending
10A O.S. 2021, Section 2 -5-204, as amended by Section
4, Chapter 375, O.S.L. 2022 (10A O.S. Supp. 2024,
Section 2-5-204), which relates to treatment of child
certified as adult or youthful offender in criminal
proceedings; prohibiting imposition of certain terms
of imprisonment for certain persons; updating
statutory references; amending 22 O.S. 2021, Section
985.1, which relates to departure from mandatory
minimum sentencing; requiring court to depart from
mandatory minimum sentence under certain
circumstances; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 10A O.S. 2021, Section 2 -5-204, as
amended by Section 4, Chapter 375, O.S.L. 2022 (10A O.S. Supp. 2024,
Section 2-5-204), is amended to read as follows:
Section 2-5-204. A. A child who is arrested for an offense
pursuant to subsection A, B, C, D, or E of Section 2 -5-205 of this
title, may, depending on the child ’s age and alleged crime, be
charged as a juvenile delinquent, youthful offender, or an adult.
If charged as a juvenile delinquen t, a petition shall be filed. If
charged as a youthful offender or adult, an information shall be
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filed. At any time after the child is charged as a youthful
offender or adult, the district attorney may dismiss the information
and file a juvenile delinqu ent petition.
B. If the child is not otherwise represented by counsel and
either the child, his or her parent, guardian, or next friend
requests an attorney prior to or during interrogation, or 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 child regardless of any attempted waiver by the
parent, guardian, or next friend of the right to be represented by
counsel. If the court appoints an atto rney for a child for the
interrogation or at the initial appearance, the court shall review
the appointment at a subsequent hearing to determine if the child,
parent, guardian, or next friend qualifies for a court -appointed
attorney.
C. When a person proc eeds to trial as either a youthful
offender or as an adult as provided by the Youthful Offender Act,
the accused person shall have all the statutory and constitutional
rights and protections of 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 shal l apply, except as provided
for in the Youthful Offender Act.
D. All youthful offender court records for a person who is
certified to stand trial as an adult or youthful offende r shall be
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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, exhibits , or documents
regarding the educational history, mental healt h, or medical
treatment or condition of the person that are submitted to the c ourt
or admitted into evidence during the hearing on the motion for
certification as a juvenile or a youthful offender or on the motion
for imposition of an adult sentence shall be confidential and shall
be filed 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
shall be given in camera an d shall not be open to the general
public; provided, all persons having a dire ct interest in the case
as provided in paragraph 1 of subsection A of Section 2 -2-402 of
this title shall be allowed to be present during the testimony but
shall be admonished no t 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 to the custody or supervision of
the Department of Corrections by the court pursuant to paragraph 1
of subsection B A of Section 2-5-209 2-5-208A or subsection B of
Section 2-5-210 2-5-210A of this title or if the juvenile or
youthful offender is later charged as an adult with a felony crime.
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E. Proceedings against a youthful offender shall be heard by
any judge of the district court.
F. Upon arrest and detention of a person subject to the
provisions of the Youthful Offender Act, the person has the same
right to be released on bail as would an adul t in the same
circumstances.
G. Upon a verdict of guilty or entry of a plea o f guilty or
nolo contendere by a youthful offender who has been certified for
the imposition of an adult sentence as provided by Section 2-5-207
2-5-207A of this title, the perso n may be detained in an adult jail,
adult lockup, adult detention facility , or other adult facility if
that facility is licensed by the State Department of Health to
detain children under eighteen (18) years of age while the person is
awaiting housing by t he Department of Corrections. In no event
shall a person who was under eighte en (18) years of age at the time
the offense was committed be sentenced to life imprisonment without
the possibility of parole or be given a mandatory minimum sentence
that carries a term of imprisonment that exceeds twenty (20) years.
H. A child or youthful offender shall be tried as an adult in
all subsequent criminal prosecutions, and shall not be subject to
the jurisdiction of the juvenile court as a juvenile delinquent or
youthful offender processes in any further proceedings if:
1. The child or yout hful offender has been certified to stand
trial as an adult pursuant to any certification procedure provided
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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 2-5-207 2-5-207A of this
title and is subsequently convicted of the alleged off ense or
against whom the imposition of judgment and sentencing has been
deferred.
I. Except as otherwise provided in the Youthful Offender Act, a
person who has been certified as a youthful offender shall be
prosecuted as a youthful offender in all subseq uent criminal
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 2. AMENDATORY 22 O.S. 2021, Section 985.1, is
amended to read as follows:
Section 985.1. A. When sentencing a person convicted of a
criminal offense for which there is a mandatory minimum sentence of
imprisonment, the court may depa rt from the applicable sentence if
the court finds substantial and compelling reasons on the record,
after giving due regard to the nature of the crime, history, and
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character of the defendant and his or her chances of successful
rehabilitation, that:
1. The mandatory minimum sentence of imprisonment is not
necessary for the protec tion of the public; or
2. Imposition of the mandatory minimum sentence of imprisonment
would result in substantial injustice to the defendant; or
3. The mandatory minimum sente nce of imprisonment is not
necessary for the protection of the public and the defendant, based
on a risk and needs assessment, is eligible for an alternative
court, a diversion program , or community sentencing, without regard
to exclusions because of previ ous convictions, and has been accepted
to the same, pending sentencing.
B. The Except as provided in subsection D of this section, the
court shall not have the discretion to depart from the applicable
mandatory minimum sentence of imprisonment on convicti ons for
criminal offenses under the following circumstances:
1. The offense for which the defendant was convicted is among
those crimes listed in Section 571 of Title 57 of the Oklahoma
Statutes as excepted from the definition of “nonviolent offense”;
2. The offense for which the defendant was convicted was a sex
offense and will require the defendant to register as a sex offender
pursuant to the provisions of the Sex Offenders Registration Act;
3. The offense for which the defendant was convicted involv ed
the use of a firearm;
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4. The offense for which the defendant was convicted is a crime
listed in Section 13.1 of Title 21 of the Oklahoma Statutes
requiring the defendant to serve not less than eighty -five percent
(85%) of any sentence of imprisonment i mposed by the judicial system
prior to becoming eligible for consideration for parole;
5. The offense for which the defendant was convicted is a
violation of the Trafficking in Illegal Drugs Act as provided in
Sections 2-414 through 2-420 of Title 63 of t he Oklahoma Statutes;
6. The defendant was the leader, manager , or supervisor of
others in a continuing criminal enterprise; or
7. The offense for which the defendant was convicted is a
violation of the Oklahoma Antiterrorism Act as provided in Sections
1268 through 1268.8 of Title 21 of the Oklahoma Statutes.
C. Any departure fr om the mandatory minimum sentence as
authorized in this section shall not reduce the sentence to less
than twenty-five percent (25%) of the mandatory term.
D. The court shall de part from the applicable mandatory minimum
sentence as required pursuant to subsection G of Section 2 -5-204 of
Title 10A of the Oklahoma Statutes.
SECTION 3. This act shall become effective November 1, 2025.
60-1-1264 TEK 1/6/2025 4:25:21 PM