eLaws | eCases | Oklahoma Administrative Code | Oklahoma Courts | Counties & Cities of Oklahoma | United States Code |
 Oklahoma Statutes (Last Updated: September 18, 2014)
 Title 10A. CHILDREN AND JUVENILE CODE

  § 10A-2-5-204. Treatment of a child certified as an adult or youthful offender in criminal proceedings.  

Latest version.

  • A.  A child who is arrested for an offense pursuant to subsection A or B of Section 2-5-206 of this title, or who is certified as a youthful offender pursuant to Section 2-5-205 of this title, shall be charged by information in the same manner as provided for adults.

    B.  If the child is not otherwise represented by counsel and requests an attorney prior to or during interrogation, or whenever charged by information, as provided in subsection A of this section, the court shall appoint an attorney, who shall not be a district attorney, for the child regardless of any attempted waiver by the parent, legal guardian, or other legal custodian of the child of the right of the child to be represented by counsel.  Counsel shall be appointed by the court only upon determination by the court that the parent, legal guardian or legal custodian is found to be indigent.

    C.  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 Chapter 6 of the Oklahoma Juvenile Code.

    D.  Proceedings against a youthful offender shall be heard by any judge of the district court.

    E.  Upon arrest and detention of a person subject to the provisions of Section 2-5-205 or 2-5-206 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 by sight and sound 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.  The sheriff, chief of police, or juvenile or adult detention facility operator shall forthwith notify the Office of Juvenile Affairs of any such arrest and detention.

    F.  Upon certification for the imposition of an adult sentence, 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 2—5-208 of this title, the person may be detained as an adult and, if incarcerated, may be incarcerated with the adult population.

    G.  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 as a juvenile delinquent 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 and is subsequently convicted of the alleged offense or against whom the imposition of judgment and sentence has been deferred; or

    2.  The youthful offender has been certified for the imposition of an adult sentence as provided by Section 2-5-208 of this title and is subsequently convicted of the alleged offense or against whom the imposition of judgment and sentencing has been deferred.

    H.  Except as otherwise provided in the Youthful Offender Act, a person who has been certified 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.

Added by Laws 1994, c. 290, § 21, eff. July 1, 1996.  Amended by Laws 1995, c. 352, § 167, eff. July 1, 1997.  Renumbered from § 1507.18 of Title 10 by Laws 1995, c. 352, § 199, eff. July 1, 1995.  Amended by Laws 1997, c. 293, § 26, eff. July 1, 1997; Laws 1998, c. 268, § 10, eff. July 1, 1998; Laws 2000, c. 373, § 3, eff. July 1, 2000; Laws 2006, c. 286, § 3, eff. July 1, 2006; Laws 2008, c. 277, § 2, emerg. eff. June 2, 2008; Laws 2009, c. 234, § 82, emerg. eff. May 21, 2009.  Renumbered from § 7306-2.4 of Title 10 by Laws 2009, c. 234, § 188, emerg. eff. May 21, 2009.

Note

NOTE:  Laws 1996, c. 247, § 48 amended the effective date of Laws 1995, c. 352, § 167 from July 1, 1996, to July 1, 1997.