Okla. Stat. tit. 10A, § 2-5-204
Certification as Adult or Youthful Offender - Some Records Confidential, Sealed
Effective Jul 1, 2000Laws 1994, HB 2640, c. 290, § 21, emerg. eff. July 1, 1996; Amended by Laws 1995, HB 1978, c. 352, § 167, emerg. eff. July 1, 1995; Renumbered from 10 O.S. § 1507.18 by Laws 1995, HB 1978, c. 352, § 199, emerg. eff. July 1, 1995; Amended by Laws 1997, HB 1632, c. 293, § 26, emerg. eff. July 1, 1997 (superseded document available); Amended by Laws 1998, HB 3151, c. 268, § 10, emerg. eff. July 1, 1998 (superseded document available); Amended by Laws 2000, HB 2208, c. 373, § 3, emerg. eff. July 1, 2000 (superseded document available).
- A. A child who is arrested for an offense pursuant to subsection A or B of Section 7306-2.6 of this title or who is certified as a youthful offender pursuant to Section 7306-2.5 of this title, shall be charged by information in the same manner as provided for adults.
- B. When a person is certified to stand trial as an adult or a youthful offender 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. All youthful offender court records for such a person shall be considered adult records and shall not be subject to the provisions of Article VII of the Oklahoma Juvenile Code.
- C. Proceedings against a youthful offender shall be heard by any judge of the district court.
- D. Upon arrest and detention of a person subject to the provisions of Section 7306-2.5 or 7306-2.6 of this title, the person has the same right to be released on bail as would an adult in the same circumstances and, if detained, may be detained in a county jail if separated from the adult population as otherwise authorized by law. If no such county jail is available, then such person may be detained at a juvenile detention facility.
- E. 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 7306-2.8 of this title the person may be detained as an adult and, if incarcerated, may be incarcerated with the adult population.
F. 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 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; or
- 2. The youthful offender has been certified for the imposition of an adult sentence as provided by Section 7306-2.8 of this title and is subsequently convicted of the alleged offense or against whom the imposition of judgment and sentencing has been deferred.
G. Except as otherwise provided in the Youthful Offender Act, a person who has been prosecuted and sentenced 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.
- H. When a person who has been sentenced as a youthful offender is placed in the custody or under the supervision of the Office of Juvenile Affairs, if the youthful offender has not been previously discharged by the court from the custody or supervision of the Office of Juvenile Affairs, within the thirty (30) days immediately preceding the date on which the youthful offender becomes eighteen (18) years of age, or if extended by the court, nineteen (19) years of age, the court shall hold a review hearing and shall make further orders regarding the youthful offender as provided by Section 7306-2.10 of this title.
Laws 1994, HB 2640, c. 290, § 21, emerg. eff. July 1, 1996; Amended by Laws 1995, HB 1978, c. 352, § 167, emerg. eff. July 1, 1995; Renumbered from 10 O.S. § 1507.18 by Laws 1995, HB 1978, c. 352, § 199, emerg. eff. July 1, 1995; Amended by Laws 1997, HB 1632, c. 293, § 26, emerg. eff. July 1, 1997 (superseded document available); Amended by Laws 1998, HB 3151, c. 268, § 10, emerg. eff. July 1, 1998 (superseded document available); Amended by Laws 2000, HB 2208, c. 373, § 3, emerg. eff. July 1, 2000 (superseded document available).