Okla. Stat. tit. 10A § 2-5-202

Current through Laws 2024, c. 453.

Section 2-5-202 - Definitions - Purpose - Legislative intent

A. For the purposes of the Youthful Offender Act:

1. "Youthful offender" means a person:

a. thirteen (13) or fourteen (14) years of age who is charged with murder in the first degree and certified as a youthful offender as provided by Section 2-5-205 of this title,

b. fifteen (15), sixteen (16), or seventeen (17) years of age and charged with a crime listed in subsection C of Section 2-5-205 of this title, and

c. sixteen (16) or seventeen (17) years of age and charged with a crime listed in subsection E of Section 2-5-205 of this title, if the offense was committed on or after November 1, 2022; provided, the state shall not base the timing of the filing of any charges solely on the applicability of the Youthful Offender Act;

2. "Sentenced as a youthful offender" means the imposition of a court order making disposition of a youthful offender as provided by Section 2-5-209 of this title which shall constitute an adult criminal sentence if the youthful offender is transferred to the custody or supervision of the Department of Corrections;

3. "Next friend" means an individual or executive of an organization who has assumed a parental role without formal legal proceedings, but to all objective observers is readily identified as custodian or guardian in fact;

4. "Certification as an adult" means a person for whom the court has granted a motion for the imposition of an adult sentence pursuant to subsection C of Section 7 of this act;

5. "Certification as a juvenile" means a person for whom the court has granted a motion for certification as a juvenile pursuant to subsection B of Section 6 of this act;

6. "Certification study" means a report prepared for the court by the Office of Juvenile Affairs that includes but is not limited to information related to the circumstances of an offense, any injury that may have occurred, the history of the person in the juvenile justice system, and a psychological evaluation. Such study shall address the guidelines established in subsection B of Section 6 of this act; and

7. "Juvenile delinquent" means a person who is accused of committing an act which could be prosecuted under subsection A, B, C, D, or E of Section 2-5-205 of this title and against whom the district attorney has chosen to file a petition alleging the person as delinquent.

B. It is the purpose of the Youthful Offender Act to better ensure the public safety by holding youths accountable for the commission of serious crimes, while affording courts methods of rehabilitation for those youths the courts determine, at their discretion, may be amenable to such methods. It is the further purpose of the Youthful Offender Act to allow those youthful offenders whom the courts find to be amenable to rehabilitation by the methods prescribed in the Youthful Offender Act to be placed in the custody or under the supervision of the Office of Juvenile Affairs for the purpose of accessing the rehabilitative programs provided by that Office.

C. It is the intent of the Legislature to fully utilize the Youthful Offender Act as a means to protect the public while rehabilitating and holding youth accountable for serious crimes. The Legislature finds that eligible seventeen-year-olds should have the opportunity to be processed as youthful offenders as provided by law and held accountable through the provisions of the Youthful Offender Act for custody, institutional placement, supervision, extended jurisdiction within the Office of Juvenile Affairs (OJA), and the ability to transfer youthful offenders to the Department of Corrections when incarceration or additional supervision is required beyond the maximum age allowed in the OJA. No older youth should be deemed ineligible or denied consideration as a youthful offender who is otherwise lawfully eligible based upon the age of the youth being seventeen (17) years, but it is the intent of the Legislature that such youthful offender shall not remain in the custody or under the supervision of the OJA beyond the youthful offender's maximum age of eighteen (18) years and six (6) months or until nineteen (19) years of age if jurisdiction has been extended as provided in subsection D of Section 9 of this act. To deny access to an otherwise eligible older youth without cause is to circumvent the original intent of the Legislature in creating the Youthful Offender Act.

D. Unless otherwise provided by law, when a court determines that a youthful offender has successfully completed his or her treatment and rehabilitation plan and is discharged by the court without a court judgment of guilt and the case dismissed with prejudice, the arrest or adjudication record does not have to be disclosed for the purposes of employment, civil rights, or any regulation, license, questionnaire, application, or any other public purpose. Any prohibition regarding possession of firearms pursuant to Section 1283 of Title 21 of the Oklahoma Statutes shall still be applicable.

E. In any case for which the court orders a certification study, the district attorney shall provide to the Office of Juvenile Affairs (OJA) a copy of any police report and all other relevant documents or information in the possession of the district attorney or any other law enforcement agency that has reported to the district attorney in the case, which should be considered in preparing the ordered report. The police reports, any report from the Oklahoma State Bureau of Investigation, and any other relevant documents or information as available, shall be provided to the OJA within five (5) business days of the issuance of the order.

F. In any case for which the court orders a certification study, the attorney for the youth is ordered to provide to OJA the names and contact information of the youth's parents, guardians, or next friend, along with any relevant documents or information the youth requests OJA to consider in the preparation of the ordered report. The names and contact information and any other documents or information shall be provided to OJA within five (5) business days of the issuance of the order.

Okla. Stat. tit. 10A, § 2-5-202

Amended by Laws 2022 , c. 375, s. 2, eff. 11/1/2022.

Added by Laws 1994, HB 2640, c. 290, § 19, eff. 7/1/1996; Amended by Laws 1995, HB 1978, c. 352, § 165, emerg. eff. 7/1/1995; Renumbered from 10 O.S. § 1507.16 by Laws 1995, HB 1978, c. 352, § 199, emerg. eff. 7/1/1995; Amended by Laws 1997, HB 1632, c. 293, § 24, emerg. eff. 7/1/1997; Amended by Laws 2001 , HB 1161, c. 357, §3, emerg. eff. 7/1/2001; Amended by Laws 2006 , SB 1760, c. 285, §1, emerg. eff. 7/1/2006; Amended by Laws 2006 , SB 1765, c. 286, emerg. eff. 7/1/2006 (repealed by Laws 2007 , HB 2195, c. 1, §10, emerg. eff. 2/22/2007); Amended by Laws 2007 , HB 2195, c. 1, §9, emerg. eff. 2/22/2007; Amended by Laws 2008 , SB 1403, c. 277, §1, emerg. eff. 6/2/2008; Amended by Laws 2009 , HB 2029, c. 234, §80, emerg. eff. 5/21/2009; Renumbered from 10 O.S. § 7306-2.2 by Laws 2009 , HB 2029, c. 234, §188, emerg. eff. 5/21/2009.