Bill > SB217

Introduced Session

An Act relating to the Oklahoma Juvenile Code; amending 10A O.S. 2021, Sections 2-5-201, 2-5-202, 2- 5-203, 2-5-204, and 2-5-205, which relate to the Youthful Offender Act; removing obsolete implementation date; modifying definitions; stating legislative intent; prohibiting requirement for disclosure of certain information; providing exception; requiring district attorney to provide certain information to the Office of Juvenile Affairs for certification study; requiring person to be charged or prosecuted as an adult under certain circumstances; modifying requirements and procedures for charging as a juvenile delinquent; modifying requirements and procedures for charging as a youthful offender or adult; modifying procedures for appointment of counsel; specifying eligibility for youthful offender status upon commission of certain crimes; specifying procedures for charging person as youthful offender or as an adult; establishing certain presumption; allowing waiver of certain preliminary hearing within specified time period; prohibiting adult sentence under certain circumstances; providing for waiver of certain right under certain circumstances; modifying procedures for certification as a juvenile; establishing procedures for motions for certification as a juvenile; requiring certification study; allowing waiver of certain study; authorizing fee for completion of certain study; requiring court to consider certain guidelines; requiring written order for decision on certain motion; authorizing appeal of certain order to the Court of Criminal Appeals; prohibiting review by trial court of certain certification order; establishing procedures for motions for imposition of adult sentence; requiring certification study; allowing waiver of certain study; authorizing fee for completion of certain study; requiring court to consider certain guidelines; specifying burden of proof for establishing eligibility for imposition of adult sentence; requiring written order for decision on certain motion; authorizing appeal of certain order to the Court of Criminal Appeals; prohibiting review by trial court of certain order; establishing requirements for imposition of sentence for youthful offender; specifying placement options for youthful offender; prohibiting certain sentence from exceeding maximum term; requiring certain filing; requiring rehabilitation plan upon certain placement; specifying required contents of rehabilitation plan; establishing procedures for certain review hearings; requiring certain notice; authorizing certain actions by the court at certain review hearings; requiring certain hearing prior to eighteenth birthday of youthful offender; requiring court to make certain determinations; authorizing extension of jurisdiction under certain circumstances; providing for final disposition of youthful offender; authorizing appeal of certain order to the Court of Criminal Appeals; defining terms; establishing procedures for transfer of youthful offender to the custody of the Department of Corrections; specifying burden of proof for certain finding; requiring written order for certain transfer; requiring certain transfer order to be recorded as an adult conviction; requiring court to provide certain information to Department of Corrections upon transfer of custody of a youthful offender; providing for application of certain credits; establishing procedures for certain expungement; defining term; amending 10A O.S. 2021, Sections 2-5-212 and 2-5-213, which relate to the Youthful Offender Act; clarifying authority of the Office of Juvenile Affairs for custody of youthful offender; clarifying authority of court for certain reintegration; conforming language for certain adjudications; modifying statutory references; repealing 10A O.S. 2021, Sections 2-5-206, 2-5-207, 2-5-208, 2-5-209, and 2-5-210, which relate to the Youthful Offender Act; providing for codification; and providing an effective date. AUTHOR: Remove as principal House author Moore and substitute as principal House author Martinez AMENDMENT NO. 1. Strike the title, enacting clause, and entire bill and insert: "An Act relating to the Oklahoma Juvenile Code; amending 10A O.S. 2021, Sections 2-5-201, 2-5-202, 2-5-203, 2-5-204, and 2-5-205, which relate to the Youthful Offender Act; removing obsolete implementation date; modifying definitions; stating legislative intent; prohibiting requirement for disclosure of certain information; providing exception; requiring district attorney to provide certain information to the Office of Juvenile Affairs for certification study; requiring person to be charged or prosecuted as an adult under certain circumstances; modifying requirements and procedures for charging as a juvenile delinquent; modifying requirements and procedures for charging as a youthful offender or adult; modifying procedures for appointment of counsel; specifying eligibility for youthful offender status upon commission of certain crimes; specifying procedures for charging person as youthful offender or as an adult; establishing certain presumption; allowing waiver of certain preliminary hearing within specified time period; prohibiting adult sentence under certain circumstances; providing for waiver of certain right under certain circumstances; modifying procedures for certification as a juvenile; establishing procedures for motions for certification as a juvenile; requiring certification study; allowing waiver of certain study; authorizing fee for completion of certain study; requiring court to consider certain guidelines; requiring written order for decision on certain motion; authorizing appeal of certain order to the Court of Criminal Appeals; prohibiting review by trial court of certain certification order; establishing procedures for motions for imposition of adult sentence; requiring certification study; allowing waiver of certain study; authorizing fee for completion of certain study; requiring court to consider certain guidelines; specifying burden of proof for establishing eligibility for imposition of adult sentence; requiring written order for decision on certain motion; authorizing appeal of certain order to the Court of Criminal Appeals; prohibiting review by trial court of certain order; establishing requirements for imposition of sentence for youthful offender; specifying placement options for youthful offender; prohibiting certain sentence from exceeding maximum term; requiring certain filing; requiring rehabilitation plan upon certain placement; specifying required contents of rehabilitation plan; establishing procedures for certain review hearings; requiring certain notice; authorizing certain actions by the court at certain review hearings; requiring certain hearing prior to eighteenth birthday of youthful offender; requiring court to make certain determinations; authorizing extension of jurisdiction under certain circumstances; providing for final disposition of youthful offender; authorizing appeal of certain order to the Court of Criminal Appeals; defining terms; establishing procedures for transfer of youthful offender to the custody of the Department of Corrections; specifying burden of proof for certain finding; requiring written order for certain transfer; requiring certain transfer order to be recorded as an adult conviction; requiring court to provide certain information to Department of Corrections upon transfer of custody of a youthful offender; providing for application of certain credits; establishing procedures for certain expungement; defining term; amending 10A O.S. 2021, Sections 2-5-212 and 2-5-213, which relate to the Youthful Offender Act; clarifying authority of the Office of Juvenile Affairs for custody of youthful offender; clarifying authority of court for certain reintegration; conforming language for certain adjudications; modifying statutory references; directing certain public official to appear at commutation hearings; requiring signature on certain documents and meetings with victims or representative of victims; prohibiting submission of certain recommendations; repealing 10A O.S. 2021, Sections 2-5-206, 2-5-207, 2-5-208, 2-5-209, and 2- 5-210, which relate to the Youthful Offender Act; providing for codification; and providing an effective date.

AI Summary

Committee Categories

Brent Howard (R)*,  Ryan Martinez (R)*,  Dustin Roberts (R), 

Approved by Governor 05/26/2022 (on 05/26/2022)

Official Document