Okla. Stat. tit. 10A, § 10A-2-5-204

youthful offender in criminal proceedings.

A. A child who is arrested for an offense pursuant to

subsection A, B, C, D, or E of Section 2-5-205 of this title, may,

depending on the child's age and alleged crime, be charged as a

juvenile delinquent, youthful offender, or an adult. If charged as

a juvenile delinquent, a petition shall be filed. If charged as a

youthful offender or adult, an information shall be filed. At any

time after the child is charged as a youthful offender or adult, the

district attorney may dismiss the information and file a juvenile

delinquent petition.

B. If the child is not otherwise represented by counsel and

either the child, his or her parent, guardian, or next friend

requests an attorney prior to or during interrogation, or upon being

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, guardian, or next friend of the right to be represented by

counsel. If the court appoints an attorney for a child for the

interrogation or at the initial appearance, the court shall review

the appointment at a subsequent hearing to determine if the child,

parent, guardian, or next friend qualifies for a court-appointed

attorney.

C. When a person proceeds to trial as either a youthful

offender or as an adult 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.

D. All youthful offender court records for a person who is

certified to stand trial as an adult or youthful offender shall be

considered adult records and shall not be subject to the provisions

of Chapter 6 of the Oklahoma Juvenile Code; provided, however, all

reports, evaluations, motions, records, exhibits or documents

regarding the educational history, mental health or medical

treatment or condition of the person that are submitted to the court

or admitted into evidence during the hearing on the motion for

certification as a juvenile or a youthful offender or on the motion

for imposition of an adult sentence shall be confidential and shall

be filed or admitted under seal, except that such records shall be

provided to the Office of Juvenile Affairs. Any testimony regarding

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 356

the reports, evaluations, motions, records, exhibits or documents

shall be given in camera and shall not be open to the general

public; provided, all persons having a direct interest in the case

as provided in paragraph 1 of subsection A of Section 2-2-402 of

this title shall be allowed to be present during the testimony but

shall be admonished not to discuss the testimony following the

hearing. All reports, evaluations, motions, records, exhibits or

documents shall be released from under seal by order of the court if

the youthful offender is sentenced to the custody or supervision of

the Department of Corrections by the court pursuant to paragraph 1

of subsection B of Section 2-5-209 or subsection B of Section 2-5-

210 of this title or if the juvenile or youthful offender is later

charged as an adult with a felony crime.

E. Proceedings against a youthful offender shall be heard by

any judge of the district court.

F. Upon arrest and detention of a person subject to the

provisions of the Youthful Offender Act, the person has the same

right to be released on bail as would an adult in the same

circumstances.

G. Upon 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 2-5-207
ourt.

F. Upon arrest and detention of a person subject to the

provisions of the Youthful Offender Act, the person has the same

right to be released on bail as would an adult in the same

circumstances.

G. Upon 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 2-5-207

of this title, the person may be detained 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.

H. 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 2-5-207 of this title

and is subsequently convicted of the alleged offense or against whom

the imposition of judgment and sentencing has been deferred.

I. 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.

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 357

All proceedings for the commission of a crime committed after a

youthful offender has reached eighteen (18) years of age shall be

adult proceedings.