Okla. Stat. tit. 10A, § 10A-2-5-207A

Certification study - Guidelines.

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 363

A. Whenever the district attorney determines there is good

cause to believe that the person charged as a youthful offender

would not reasonably complete a plan of rehabilitation or the public

would not be adequately protected if the person were to be sentenced

as a youthful offender, the district attorney may file a motion for

the imposition of an adult sentence. The district attorney may

elect when to file the motion for the imposition of an adult

sentence as set forth as follows:

1. The district attorney may file the motion for the imposition

of an adult sentence no later than fourteen (14) days prior to the

start of the preliminary hearing. If the motion is properly filed

prior to preliminary hearing, the court shall rule on such motion

prior to a ruling to bind the person over for trial. Once the

motion for imposition of an adult sentence is heard by the court,

such motion cannot be filed again and argued to the trial court

after arraignment.

2. The district attorney may file the motion for the imposition

of an adult sentence no later than thirty (30) days following formal

arraignment. If the motion is properly filed, such motion will be

heard and ruled upon by the trial court.

3. If the accused’s attorney indicates to the court that the

accused wishes to plead guilty or nolo contendere to the charge or

charges, the court shall notify the district attorney. The district

attorney shall have ten (10) days after notification to file the

motion for the imposition of an adult sentence. If the motion is

properly filed, such motion will be heard and ruled upon by the

trial court.

B. If a motion for imposition of an adult sentence was properly

filed, the court shall order a certification study to be prepared by

the Office of Juvenile Affairs, unless waived by the accused with

approval of the court unless previously prepared pursuant to Section

2-5-206A of this title. Upon ordering the certification study, the

court may order the parent, guardian, next friend, or other person

legally obligated to care for and support the accused, to pay a fee

to the Office of Juvenile Affairs of not less than One Hundred

Dollars ($100.00), nor more than One Thousand Dollars ($1,000.00).

The court shall set a reasonable date for the payment of the fee due

to the Office of Juvenile Affairs for the completion of the

certification study. In hardship cases, the court may establish a

payment schedule.

C. When ruling on a motion for the imposition of an adult

sentence, the court shall consider the following guidelines with

greatest weight to be given to paragraphs 1, 2, and 3:

1. Whether the alleged offense was committed in an aggressive,

violent, premeditated, or willful manner, and the accused’s level of

involvement in the offense;

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 364

2. Whether the offense was against persons and, if personal

injury resulted, the degree of personal injury, and the statement or

statements of the victim or victims;

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 facilities or placements;

4. The sophistication, age, and maturity of the person and the

capability of distinguishing right from wrong as determined by

consideration of the person’s psychological evaluation, home,

environmental situation, emotional attitude, and pattern of living;

5. The prospects for adequate protection of the public if the

accused person is processed through the juvenile justice system as

either a delinquent or youthful offender;

6. The reasonable likelihood of rehabilitation if the accused

is found to have committed the offense, using programs and

facilities currently available to the court through the juvenile
onal attitude, and pattern of living;

5. The prospects for adequate protection of the public if the

accused person is processed through the juvenile justice system as

either a delinquent or youthful offender;

6. The reasonable likelihood of rehabilitation if the accused

is found to have committed the offense, using programs and

facilities currently available to the court through the juvenile

justice system; and

7. Whether the offense occurred while the accused person was

escaping or on escape status from a facility or placement for

youthful offenders or delinquent children.

D. After the hearing and consideration of the report of the

investigation, the court shall certify the person as eligible for

the imposition of an adult sentence only if the court finds by clear

and convincing evidence that there is good cause to believe that the

accused would not reasonably complete a plan of rehabilitation or

that the public would not be adequately protected if the accused

were to be sentenced as a youthful offender.

E. The court, in its decision on a motion for the imposition of

an adult sentence, shall issue a written order and prepare detailed

findings of fact and conclusions of law as to each of the

considerations in subsections C and D of this section, and shall

state that the court has considered each of the guidelines in

reaching its decision.

F. The order granting or denying the motion for the imposition

of an adult sentence shall be a final order, appealable to the Court

of Criminal Appeals when entered.

G. An order granting the district attorney’s motion for the

imposition of an adult sentence shall not be reviewable by the trial

court.