{"data":{"id":"us-ok/okla.-stat.-tit.-10a-10a-2-5-207a","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 10A, § 10A-2-5-207A","heading":"Motion for imposition of adult sentence -","body":"Certification study - Guidelines.\n\nA. Whenever the district attorney determines there is good\n\ncause to believe that the person charged as a youthful offender\n\nwould not reasonably complete a plan of rehabilitation or the public\n\nwould not be adequately protected if the person were to be sentenced\n\nas a youthful offender, the district attorney may file a motion for\n\nthe imposition of an adult sentence. The district attorney may\n\nelect when to file the motion for the imposition of an adult\n\nsentence as set forth as follows:\n\n1. The district attorney may file the motion for the imposition\n\nof an adult sentence no later than fourteen (14) days prior to the\n\nstart of the preliminary hearing. If the motion is properly filed\n\nprior to preliminary hearing, the court shall rule on such motion\n\nprior to a ruling to bind the person over for trial. Once the\n\nmotion for imposition of an adult sentence is heard by the court,\n\nsuch motion cannot be filed again and argued to the trial court\n\nafter arraignment.\n\n2. The district attorney may file the motion for the imposition\n\nof an adult sentence no later than thirty (30) days following formal\n\narraignment. If the motion is properly filed, such motion will be\n\nheard and ruled upon by the trial court.\n\n3. If the accused’s attorney indicates to the court that the\n\naccused wishes to plead guilty or nolo contendere to the charge or\n\ncharges, the court shall notify the district attorney. The district\n\nattorney shall have ten (10) days after notification to file the\n\nmotion for the imposition of an adult sentence. If the motion is\n\nproperly filed, such motion will be heard and ruled upon by the\n\ntrial court.\n\nB. If a motion for imposition of an adult sentence was properly\n\nfiled, the court shall order a certification study to be prepared by\n\nthe Office of Juvenile Affairs, unless waived by the accused with\n\napproval of the court unless previously prepared pursuant to Section\n\n2-5-206A of this title. Upon ordering the certification study, the\n\ncourt may order the parent, guardian, next friend, or other person\n\nlegally obligated to care for and support the accused, to pay a fee\n\nto the Office of Juvenile Affairs of not less than One Hundred\n\nDollars ($100.00), nor more than One Thousand Dollars ($1,000.00).\n\nThe court shall set a reasonable date for the payment of the fee due\n\nto the Office of Juvenile Affairs for the completion of the\n\ncertification study. In hardship cases, the court may establish a\n\npayment schedule.\n\nC. When ruling on a motion for the imposition of an adult\n\nsentence, the court shall consider the following guidelines with\n\ngreatest weight to be given to paragraphs 1, 2, and 3:\n\n1. Whether the alleged offense was committed in an aggressive,\n\nviolent, premeditated, or willful manner, and the accused’s level of\n\ninvolvement in the offense;\n\n2. Whether the offense was against persons and, if personal\n\ninjury resulted, the degree of personal injury, and the statement or\n\nstatements of the victim or victims;\n\n3. The record and past history of the accused person including\n\nprevious contacts with law enforcement agencies and juvenile or\n\ncriminal courts, prior periods of probation, and commitments to\n\njuvenile facilities or placements;\n\n4. The sophistication, age, and maturity of the person and the\n\ncapability of distinguishing right from wrong as determined by\n\nconsideration of the person’s psychological evaluation, home,\n\nenvironmental situation, emotional attitude, and pattern of living;\n\n5. The prospects for adequate protection of the public if the\n\naccused person is processed through the juvenile justice system as\n\neither a delinquent or youthful offender;\n\n6. The reasonable likelihood of rehabilitation if the accused\n\nis found to have committed the offense, using programs and\n\nfacilities currently available to the court through the juvenile\nonal attitude, and pattern of living;\n\n5. The prospects for adequate protection of the public if the\n\naccused person is processed through the juvenile justice system as\n\neither a delinquent or youthful offender;\n\n6. The reasonable likelihood of rehabilitation if the accused\n\nis found to have committed the offense, using programs and\n\nfacilities currently available to the court through the juvenile\n\njustice system; and\n\n7. Whether the offense occurred while the accused person was\n\nescaping or on escape status from a facility or placement for\n\nyouthful offenders or delinquent children.\n\nD. After the hearing and consideration of the report of the\n\ninvestigation, the court shall certify the person as eligible for\n\nthe imposition of an adult sentence only if the court finds by clear\n\nand convincing evidence that there is good cause to believe that the\n\naccused would not reasonably complete a plan of rehabilitation or\n\nthat the public would not be adequately protected if the accused\n\nwere to be sentenced as a youthful offender.\n\nE. The court, in its decision on a motion for the imposition of\n\nan adult sentence, shall issue a written order and prepare detailed\n\nfindings of fact and conclusions of law as to each of the\n\nconsiderations in subsections C and D of this section, and shall\n\nstate that the court has considered each of the guidelines in\n\nreaching its decision.\n\nF. The order granting or denying the motion for the imposition\n\nof an adult sentence shall be a final order, appealable to the Court\n\nof Criminal Appeals when entered.\n\nG. An order granting the district attorney’s motion for the\n\nimposition of an adult sentence shall not be reviewable by the trial\n\ncourt.","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":"2aa35f265ba247292408031c9608b97a5af9dbb7238f3b697212e1ed26c77fcc","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-10a-10a-2-5-206a","next":"us-ok/okla.-stat.-tit.-10a-10a-2-5-208a"},"notice":"GroundRules: Original legal text. Not legal advice."}