§ 10A-2-5-204 — Treatment of a child certified as an adult or

Oklahoma § 10A-2-5-204

• Jurisdiction: Oklahoma
• Title 10A: Children And Juvenile Code

Text

youthful offender in criminal proceedings. 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 delinquent, a petition shall be filed. If charged as a youthful offender or adult, an information shall be 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 delinquent 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 attorney 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 proceeds 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 shall 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 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, exhibits or documents regarding the educational history, mental health or medical treatment or condition of the 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 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 and shall not be open to the general public; provided, all persons having a direct 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 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 to the custody or supervision of the Department of Corrections by the court pursuant to paragraph 1 of subsection B of Section 2-5-209 or subsection B of Section 2-5- 210 of this title or if the juvenile or youthful offender is later charged as an adult with a felony crime. 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 adult in the same circumstances. G. Upon a verdict of guilty or entry of a plea of 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 of this title, the person 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 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 the jurisdiction of the juvenile court as a juvenile delinquent or youthful offender processes in any further proceedings if: 1. The child or youthful 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 2-5-207 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 Offender Act, a person who has been certified as a youthful offender shall be prosecuted as a youthful offender in all subsequent 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.

Legislative History

Added by Laws 1994, c. 290, § 21, eff. July 1, 1996. Amended by Laws 1995, c. 352, § 167, eff. July 1, 1997. Renumbered from § 1507.18 of Title 10 by Laws 1995, c. 352, § 199, eff. July 1, 1995. Amended by Laws 1997, c. 293, § 26, eff. July 1, 1997; Laws 1998, c. 268, § 10, eff. July 1, 1998; Laws 2000, c. 373, § 3, eff. July 1, 2000; Laws 2006, c. 286, § 3, eff. July 1, 2006; Laws 2008, c. 277, § 2, emerg. eff. June 2, 2008; Laws 2009, c. 234, § 82, emerg. eff. May 21, 2009. Renumbered from § 7306-2.4 of Title 10 by Laws 2009, c. 234, § 188, emerg. eff. May 21, 2009. Amended by Laws 2018, c. 155, § 4, eff. Nov. 1, 2018; Laws 2021, c. 432, § 3, eff. Nov. 1, 2021; Laws 2022, c. 375, § 4, eff. Nov. 1, 2022. NOTE: Laws 1996, c. 247, § 48 amended the effective date in Laws 1995, c. 352, § 204 from July 1, 1996, to July 1, 1997.