§ 10A-2-5-101. Juveniles of certain ages to be considered adults for certain offenses committed - Detention - Warrants - Certification as child.

A.  Any person sixteen (16) or seventeen (17) years of age who is charged with murder, kidnapping, robbery with a dangerous weapon, robbery in the first degree if personal injury results, rape in the first degree, rape by instrumentation, use of firearm or other offensive weapon while committing a felony, arson in the first degree, burglary with explosives, burglary in the first or second degree after three or more adjudications for committing either burglary in the first degree or burglary in the second degree, shooting with intent to kill, discharging a firearm, crossbow or other weapon from a vehicle pursuant to subsection B of Section 652 of Title 21 of the Oklahoma Statutes, intimidating a witness, manslaughter in the first degree, sodomy, trafficking in illegal drugs, manufacturing, distributing, dispensing, or possessing with intent to manufacture, distribute, or dispense a controlled dangerous substance, or assault and battery with a deadly weapon, shall be considered as an adult.

B.  Any person thirteen (13), fourteen (14), fifteen (15), sixteen (16), or seventeen (17) years of age who is charged with murder in the first degree shall be considered as an adult.

C.  Upon the arrest and detention, such accused person shall have all the statutory and constitutional rights and protections of an adult accused of a crime, but shall be detained in a jail cell or ward entirely separate from prisoners who are eighteen (18) years of age or over.

D.  1.  Upon the filing of an information against such accused person, a warrant shall be issued which shall set forth the rights of the accused person, and the rights of the parents, guardian or next friend of the accused person to be present at the preliminary hearing, to have an attorney present and to make application for certification of such accused person as a child to the juvenile division of the district court.  The warrant shall be personally served together with a certified copy of the information on the accused person and on a custodial parent, guardian or next friend of the accused person.

2.  When personal service of a custodial parent, guardian or next friend of the accused person cannot be effected, service may be made by certified mail to the last-known address of the person, requesting a return receipt from the addressee only.  If delivery is refused, notice may be given by mailing the warrant and a copy of the information on the accused person by regular first class mail to the address where the person to be notified refused delivery of the notice sent by certified mail.  Where the address of a custodial parent, guardian or next friend is not known, or if the mailed warrant and copy of the information on the accused person is returned for any reason other than refusal of the addressee to accept delivery, after a distinct and meaningful search of all reasonably available sources to ascertain the whereabouts of a custodial parent, guardian or next friend has been conducted, the court may order that notice of the hearing be given by publication one time in a newspaper of general circulation in the county.  In addition, the court may order other means of service of notice that the court deems advisable or in the interests of justice.

3.  Before service by publication is ordered, the court shall conduct an inquiry to determine whether a distinct and meaningful search has been made of all reasonably available sources to ascertain the whereabouts of any party for whom notice by publication is sought.

E.  The accused person shall file a motion for certification as a child before the start of the criminal preliminary hearing.  Upon the filing of such motion, the complete juvenile record of the accused shall be made available to the district attorney and the accused person.

At the conclusion of the state's case at the criminal preliminary hearing, the accused person may offer evidence to support the motion for certification as a child.

The court shall rule on the certification motion of the accused person before ruling on whether to bind the accused over for trial. When ruling on the certification motion of the accused person, the court shall give consideration to the following guidelines, listed in order of importance:

1.  Whether the alleged offense was committed in an aggressive, violent, premeditated or willful manner;

2.  Whether the offense was against persons or property, greater weight being given for retaining the accused person within the adult criminal system for offenses against persons, especially if personal injury resulted;

3.  The record and past history of the accused person, including previous contacts with law enforcement agencies and juvenile or criminal courts, prior periods of probation and commitments to juvenile institutions; and

4.  The prospects for adequate protection of the public if the accused person is processed through the juvenile system.

The court, in its decision on the certification motion of the accused person, need not detail responses to each of the above considerations, but shall state that the court has considered each of the guidelines in reaching its decision.

F.  Upon completion of the criminal preliminary hearing, if the accused person is certified as a child to the juvenile division of the district court, then all adult court records relative to the accused person and this charge shall be expunged and any mention of the accused person shall be removed from public record.

G.  An order certifying a person as a child or denying the request for certification as a child shall be a final order, appealable when entered.

H.  The provisions of this section shall apply only to offenses committed before January 1, 1998.

Added by Laws 1978, c. 231, § 1, eff. Oct. 1, 1978.  Amended by Laws 1979, c. 257, § 2, eff. Oct. 1, 1979; Laws 1985, c. 278, § 1, eff. Nov. 1, 1985; Laws 1986, c. 179, § 2, eff. Nov. 1, 1986; Laws 1989, c. 334, § 1, emerg. eff. May 31, 1989; Laws 1991, c. 132, § 1, emerg. eff. April 29, 1991; Laws 1992, c. 192, § 2, emerg. eff. May 11, 1992; Laws 1993, c. 27, § 1, emerg. eff. March 30, 1993; Laws 1993, c. 342, § 4, eff. July 1, 1993; Laws 1994, c. 290, § 32, eff. July 1, 1994; Laws 1995, c. 352, § 163, eff. July 1, 1995.  Renumbered from § 1104.2 of Title 10 by Laws 1995, c. 352, § 199, eff. July 1, 1995.  Amended by Laws 1996, c. 247, § 23, eff. July 1, 1996; Laws 1997, c. 293, § 22, eff. July 1, 1997; Laws 2009, c. 234, § 78, emerg. eff. May 21, 2009.  Renumbered from § 7306-1.1 of Title 10 by Laws 2009, c. 234, § 187, emerg. eff. May 21, 2009.