§ 10A-2-5-210A — Motion for transfer to custody or supervision of

Oklahoma § 10A-2-5-210A

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

Text

Department of Corrections – Adult conviction - Expungement. A. 1. Whenever the district attorney or the Office of Juvenile Affairs (OJA) believes that a youthful offender in the custody or supervision of OJA should be transferred to the custody or supervision of the Department of Corrections, the district attorney or OJA may file a motion requesting such transfer and the court 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 either the district attorney or OJA. OJA may make recommendations to the court concerning the transfer of a youthful offender to the Department of Corrections. 2. The Court may order the youthful offender transferred to the custody or supervision of the Department of Corrections only if the court finds by clear and convincing evidence that the youthful offender has: a. failed to make substantial progress 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 in other types of behavior which has endangered the life or health of other residents or staff of the facility, c. caused disruption in the facility, smuggled contraband into the facility, or participated or assisted others in smuggling contraband into the facility, d. committed battery or assault and battery on an OJA employee or contractor of a juvenile facility, e. committed battery, assault and battery, or endangered the life or health of another person, f. committed a felony while in the custody or supervision of OJA as demonstrated by: (1) the entry of a plea of guilty or nolo contendere, (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 which 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 findings 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 deemed 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 court shall provide to the Department of Corrections a detailed memorandum or historical statement of the Youthful Offender Act as applied to the offender being transferred to the Department of Corrections 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. C. The court shall grant time-served credits against the adult sentence imposed for any youthful offender 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 the custody or supervision of the Office 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 youthful offender shall also receive other 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 991c of Title 22 of the Oklahoma Statutes, if the court finds that the 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 public safety. 3. The court, after hearing the motion and any objections, 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 the 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. 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 responsibilities, and the Department of Corrections may access records that have been expunged pursuant to this 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 sealed 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.

Legislative History

Added by Laws 2022, c. 375, § 10, eff. Nov. 1, 2022.