{"data":{"id":"us-ok/okla.-stat.-tit.-10a-10a-2-5-204","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 10A, § 10A-2-5-204","heading":"Treatment of a child certified as an adult or","body":"youthful offender in criminal proceedings.\n\nA. A child who is arrested for an offense pursuant to\n\nsubsection A, B, C, D, or E of Section 2-5-205 of this title, may,\n\ndepending on the child's age and alleged crime, be charged as a\n\njuvenile delinquent, youthful offender, or an adult. If charged as\n\na juvenile delinquent, a petition shall be filed. If charged as a\n\nyouthful offender or adult, an information shall be filed. At any\n\ntime after the child is charged as a youthful offender or adult, the\n\ndistrict attorney may dismiss the information and file a juvenile\n\ndelinquent petition.\n\nB. If the child is not otherwise represented by counsel and\n\neither the child, his or her parent, guardian, or next friend\n\nrequests an attorney prior to or during interrogation, or upon being\n\ncharged by information, as provided in subsection A of this section,\n\nthe court shall appoint an attorney, who shall not be a district\n\nattorney, for the child regardless of any attempted waiver by the\n\nparent, guardian, or next friend of the right to be represented by\n\ncounsel. If the court appoints an attorney for a child for the\n\ninterrogation or at the initial appearance, the court shall review\n\nthe appointment at a subsequent hearing to determine if the child,\n\nparent, guardian, or next friend qualifies for a court-appointed\n\nattorney.\n\nC. When a person proceeds to trial as either a youthful\n\noffender or as an adult as provided by the Youthful Offender Act,\n\nthe accused person shall have all the statutory and constitutional\n\nrights and protections of an adult accused of a crime. All\n\nproceedings shall be as for a criminal action and the provisions of\n\nTitle 22 of the Oklahoma Statutes shall apply, except as provided\n\nfor in the Youthful Offender Act.\n\nD. All youthful offender court records for a person who is\n\ncertified to stand trial as an adult or youthful offender shall be\n\nconsidered adult records and shall not be subject to the provisions\n\nof Chapter 6 of the Oklahoma Juvenile Code; provided, however, all\n\nreports, evaluations, motions, records, exhibits or documents\n\nregarding the educational history, mental health or medical\n\ntreatment or condition of the person that are submitted to the court\n\nor admitted into evidence during the hearing on the motion for\n\ncertification as a juvenile or a youthful offender or on the motion\n\nfor imposition of an adult sentence shall be confidential and shall\n\nbe filed or admitted under seal, except that such records shall be\n\nprovided to the Office of Juvenile Affairs. Any testimony regarding\n\nthe reports, evaluations, motions, records, exhibits or documents\n\nshall be given in camera and shall not be open to the general\n\npublic; provided, all persons having a direct interest in the case\n\nas provided in paragraph 1 of subsection A of Section 2-2-402 of\n\nthis title shall be allowed to be present during the testimony but\n\nshall be admonished not to discuss the testimony following the\n\nhearing. All reports, evaluations, motions, records, exhibits or\n\ndocuments shall be released from under seal by order of the court if\n\nthe youthful offender is sentenced to the custody or supervision of\n\nthe Department of Corrections by the court pursuant to paragraph 1\n\nof subsection B of Section 2-5-209 or subsection B of Section 2-5-\n\n210 of this title or if the juvenile or youthful offender is later\n\ncharged as an adult with a felony crime.\n\nE. Proceedings against a youthful offender shall be heard by\n\nany judge of the district court.\n\nF. Upon arrest and detention of a person subject to the\n\nprovisions of the Youthful Offender Act, the person has the same\n\nright to be released on bail as would an adult in the same\n\ncircumstances.\n\nG. Upon a verdict of guilty or entry of a plea of guilty or\n\nnolo contendere by a youthful offender who has been certified for\n\nthe imposition of an adult sentence as provided by Section 2-5-207\nourt.\n\nF. Upon arrest and detention of a person subject to the\n\nprovisions of the Youthful Offender Act, the person has the same\n\nright to be released on bail as would an adult in the same\n\ncircumstances.\n\nG. Upon a verdict of guilty or entry of a plea of guilty or\n\nnolo contendere by a youthful offender who has been certified for\n\nthe imposition of an adult sentence as provided by Section 2-5-207\n\nof this title, the person may be detained in an adult jail, adult\n\nlockup, adult detention facility or other adult facility if that\n\nfacility is licensed by the State Department of Health to detain\n\nchildren under eighteen (18) years of age while the person is\n\nawaiting housing by the Department of Corrections.\n\nH. A child or youthful offender shall be tried as an adult in\n\nall subsequent criminal prosecutions, and shall not be subject to\n\nthe jurisdiction of the juvenile court as a juvenile delinquent or\n\nyouthful offender processes in any further proceedings if:\n\n1. The child or youthful offender has been certified to stand\n\ntrial as an adult pursuant to any certification procedure provided\n\nby law and is subsequently convicted of the alleged offense or\n\nagainst whom the imposition of judgment and sentence has been\n\ndeferred; or\n\n2. The youthful offender has been certified for the imposition\n\nof an adult sentence as provided by Section 2-5-207 of this title\n\nand is subsequently convicted of the alleged offense or against whom\n\nthe imposition of judgment and sentencing has been deferred.\n\nI. Except as otherwise provided in the Youthful Offender Act, a\n\nperson who has been certified as a youthful offender shall be\n\nprosecuted as a youthful offender in all subsequent criminal\n\nproceedings until the youthful offender has attained eighteen (18)\n\nyears of age.\n\nAll proceedings for the commission of a crime committed after a\n\nyouthful offender has reached eighteen (18) years of age shall be\n\nadult proceedings.","path":["OK Code","Title 10A"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os10A.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"959771bfb022a9f7fc6e4bf439794099b96bd9227aeca2980db0a16e8836994a","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-10a-10a-2-5-203","next":"us-ok/okla.-stat.-tit.-10a-10a-2-5-205"},"notice":"GroundRules: Original legal text. Not legal advice."}