Okla. Stat. tit. 10A, § 2-2-404
Deferral of Delinquency Proceedings to Determine if Child is in Need of Supervision - Alternative Diversion Program
Effective Nov 1, 2005Laws 1995, HB 1978, c. 352, § 129, emerg. eff. July 1, 1995; Amended by Laws 1998, HB 3116, c. 244, § 2, emerg. eff. July 1, 1998 (superseded document available); Amended by Laws 1998, HB 3151, c. 268, § 8, emerg. eff. July 1, 1998 (superseded document available); Amended by Laws 1999, HB 1845, c. 1, § 6, emerg. eff. February 24, 1999 (superseded document available); Amended by Laws 2002, HB 2754, c. 473, § 4, eff. November 1, 2002 (superseded document available); Amended by Laws 2005, HB 1405, c. 226, § 1, eff. November 1, 2005 (superseded document available).
- A. If the court finds that the allegations of a petition alleging a child to be delinquent or in need of supervision are supported by the evidence, the court shall sustain the petition, and shall make an order of adjudication setting forth whether the child is delinquent or in need of supervision and shall adjudge the child as a ward of the court.
B. A court may defer delinquency adjudication proceedings or proceedings to determine if a child is in need of supervision for one hundred eighty (180) days if the child:
- 1. Is alleged to have committed or attempted to commit a delinquent offense that if committed by an adult would be a misdemeanor or that if committed by an adult would be grand larceny of property valued at One Hundred Dollars ($100.00) or less;
- 2. Waives the privilege against self-incrimination and testifies, under oath, that the allegations are true;
- 3. Has not been previously adjudicated a delinquent; and
- 4. Presents to the court an oral or written request to attend a Teen Court program or graduated sanctions program.
- C. A court may defer delinquency adjudication proceedings for the duration of the juvenile drug court program if the child is participating in such a program.
- D. The Teen Court program, graduated sanctions program, or juvenile drug court must be approved by the court.
- E. The court shall dismiss the case with prejudice at the conclusion of the deferral period if the child presents satisfactory evidence that the Teen Court program, graduated sanctions program or a juvenile drug court has been successfully completed.
- F. The court may require a child who requests a Teen Court program to pay a fee, as determined by the court, not to exceed Twenty Dollars ($20.00) to cover the costs of administration. The fee shall be deposited in the court clerk's official depository account. Eighty percent (80%) of the costs so paid shall be distributed to the organization sponsoring the Teen Court to be used for Teen Court operating expenses. The remaining twenty percent (20%) of the cost shall be paid by the court clerk to the court fund.
- G. A court may defer delinquency proceedings or proceedings to determine if a child is in need of supervision for one hundred eighty (180) days for any child that has not been previously adjudicated delinquent, if the child and, if required by the court, the parent or legal guardian of the child agree to participate in an alternative diversion program for first-time offenders that has been approved by the court. The court shall dismiss the case with prejudice at the conclusion of the deferral period if the child presents satisfactory evidence that the alternative diversion program for first-time offenders has been successfully completed. The records of a case dismissed pursuant to this subsection shall be subject to the provisions of Article VII of the Oklahoma Juvenile Code.
- H. A court may defer delinquency proceedings for one hundred eighty (180) days for any child that has not been previously adjudicated delinquent, if the child agrees to participate in a military mentor program that has been approved by the court. The court shall dismiss the case with prejudice at the conclusion of the deferral period if the child presents satisfactory evidence that the military mentor program has been successfully completed. The records of a case dismissed pursuant to this subsection shall be subject to the provisions of Article VII of the Oklahoma Juvenile Code.
I. As used in this section:
- 1. "Alternative diversion programs for first-time offenders" means programs for juveniles who have been identified by law enforcement personnel, the district attorney, or the court as having committed acts which are not serious enough to warrant adjudication through the juvenile court process, but which do indicate a need for intervention to prevent further development toward juvenile delinquency. The program shall be administered, pursuant to contact with the Department of Juvenile Justice, by organizations designated as youth services agencies by law;
- 2. "Graduated sanctions program" means a program administered by the Office of Juvenile Affairs as defined in Section 7301-1.3 of this title or as otherwise approved by the court;
- 3. "Juvenile drug court", "juvenile drug court program" or "program" means a highly structured judicial intervention process for substance abuse treatment of eligible juveniles as set forth in Section 7303-5.5 of this title;
- 4. "Military mentor program" means a program administered by the Oklahoma Military Department as provided in Section 7303-5.3 of this title;
- 5. "Supervising staff" means a community provider assigned to monitor juveniles in the program, a state or local agency representative or a certified treatment provider participating in the program, or a person designated by the judge to perform drug court investigations; and
- 6. "Teen Court program" means a program which provides an alternative judicial forum for cases involving juvenile offenders, in which teenage participants, under the supervision of an adult coordinator, may serve in various capacities within the courtroom, including jurors, lawyers, bailiffs and judges. Such program also may include participation by volunteer adult attorneys. The Teen Court hears cases involving juvenile offenders who are referred to the Teen Court by the district attorney or the district court and assesses sentences such as participation in community work projects, counseling or rehabilitation programs.
Laws 1995, HB 1978, c. 352, § 129, emerg. eff. July 1, 1995; Amended by Laws 1998, HB 3116, c. 244, § 2, emerg. eff. July 1, 1998 (superseded document available); Amended by Laws 1998, HB 3151, c. 268, § 8, emerg. eff. July 1, 1998 (superseded document available); Amended by Laws 1999, HB 1845, c. 1, § 6, emerg. eff. February 24, 1999 (superseded document available); Amended by Laws 2002, HB 2754, c. 473, § 4, eff. November 1, 2002 (superseded document available); Amended by Laws 2005, HB 1405, c. 226, § 1, eff. November 1, 2005 (superseded document available).