Okla. Stat. tit. 10A, § 10A-2-2-403

A. Except as otherwise provided by law, if a child is charged

with a delinquent act as a result of an offense which would be a

felony if committed by an adult, the court on its own motion or at

the request of the district attorney shall conduct a preliminary

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 302

hearing to determine whether or not there is prosecutive merit to

the complaint. If the court finds that prosecutive merit exists, it

shall continue the hearing for a sufficient period of time to

conduct an investigation and further hearing to determine if the

child should be held accountable for acts of the child as if the

child were an adult if the child should be found to have committed

the alleged act or omission.

Consideration shall be given to:

1. The seriousness of the alleged offense to the community, and

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 to transferring the accused person to the adult

criminal justice system for offenses against persons and, if

personal injury resulted, the degree of personal injury;

3. The sophistication and maturity of the juvenile and

capability of the juvenile of distinguishing right from wrong as

determined by consideration of a psychological evaluation of the

juvenile, home, environmental situation, emotional attitude and

pattern of living;

4. The record and previous history of the accused person,

including previous contacts with community agencies, law enforcement

agencies, schools, juvenile or criminal courts and other

jurisdictions, prior periods of probation or prior commitments to

juvenile institutions;

5. The prospects for adequate protection of the public;

6. The likelihood of reasonable rehabilitation of the juvenile

if the juvenile is found to have committed the alleged offense, by

the use of procedures and facilities currently available to the

juvenile court; and

7. Whether the offense occurred while the juvenile was escaping

or in an escape status from an institution for delinquent children.

After the investigation and hearing, the court may in its

discretion proceed with the juvenile proceeding, or it shall state

its reasons in writing and shall certify, based on clear and

convincing evidence, that the child shall be held accountable for

acts of the child as if the child were an adult and shall be held

for proper criminal proceedings for the specific offense charged, by

any other division of the court which would have trial jurisdiction

of the offense if committed by an adult. The juvenile proceeding

shall not be dismissed until the criminal proceeding has commenced

and if no criminal proceeding commences within thirty (30) days of

the date of the certification, unless stayed pending appeal, the

court shall proceed with the juvenile proceeding and the

certification shall lapse.

If not included in the original summons, notice of a hearing to

consider whether a child should be certified for trial as an adult

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shall be given to all persons who are required to be served with a

summons at the commencement of a juvenile proceeding, but

publication in a newspaper when the address of a person is unknown

is not required. The purpose of the hearing shall be clearly stated

in the notice.

B. Prior to the entry of any order of certification, any child

in custody shall have the same right to be released upon bail as

would an adult under the same circumstances. Subsequent to the

entry of an order that a child stand trial as an adult, the child

shall have all the statutory and constitutional rights and

protections of an adult accused of a crime. Upon conviction, the

juvenile may be incarcerated in an adult jail, adult lockup, adult

detention facility or other adult facility if that facility is
pon bail as

would an adult under the same circumstances. Subsequent to the

entry of an order that a child stand trial as an adult, the child

shall have all the statutory and constitutional rights and

protections of an adult accused of a crime. Upon conviction, the

juvenile may be incarcerated in an adult jail, adult lockup, adult

detention facility or other adult facility if that facility is

licensed by the State Department of Health to detain children under

eighteen (18) years of age while the person is awaiting housing by

the Department of Corrections. If, prior to the entry of any order

of certification, the child becomes eighteen (18) years of age, the

child may be detained in a county jail or released on bail. If a

child is certified to stand trial as an adult, the court shall make

every effort to avoid duplication of the adult preliminary hearing

and the prosecutorial hearing in the juvenile certification process.

The parties may jointly stipulate to the court that the record for

the prosecutorial merit hearing in the juvenile proceeding be used

for all or part of the preliminary hearing.

C. Any child who has been certified to stand trial as an adult

pursuant to any order entered by any competent court of this state

or any other state shall be tried as an adult in all subsequent

criminal prosecutions, and shall not be subject to the jurisdiction

of the juvenile court or be eligible to be tried as a youthful

offender in any further proceedings.

D. An order either certifying a person as a child or an adult

pursuant to subsection A of this section or denying such

certification shall be a final order, appealable when entered and

shall not be modified.