Sentencing in Oklahoma 9th Edition

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    Chapter 5. Juveniles and Youthful Offenders

    Effective November 1, 2022, the Legislature substantially amended and restructured the Youthful Offender (YO) sentencing statutes (and necessarily, juvenile and adult sentencing for juveniles as well), while retaining or modifying key concepts and procedures. This chapter offers an analysis of current adult, YO, and juvenile sentencing, focusing on children committing delinquent acts that would be felonies if committed by adults. Juvenile and YO procedures define offender eligibility for sentencing options based on specific age, severity of the offense, prior criminal record, and other factors.

    5.1 General considerations on prosecuting children for crimes

    Children under 7 cannot commit crimes. Children 7 to 14 cannot commit a crime, unless they knew its wrongfulness at the time.1 Children are charged with delinquency by a petition filed with the juvenile court in which the act occurred.2 A child or “juvenile,” i.e., any person under 18, charged with any state or municipal misdemeanor, is prosecuted in juvenile court. A child charged with delinquency, a crime that would be felony if committed by an adult—other than felonies committed at the ages specified in section 2-5-205 of Title 10A—is initially prosecuted in juvenile court, unless previously (1) adjudicated as a YO (then the new prosecution is for a YO);3 or (2) sentenced as an adult under the provisions of the Youthful Offender Act (then the new prosecution is for an adult); or (3) or certified as an adult under section 2-2-403 of Title 10A (same).4

    If at least one crime during the same course of conduct is prosecuted as a YO or an adult under section 2-5-205(A) through (E) of Title 10A, other charges may joined in a single prosecution by the court. If the controlling YO/adult crime or crimes are later dismissed, or the offender is found not guilty, the other joined charges must be transferred to juvenile court.5 If the court learns during a pending YO prosecution that a child had not reached the age for filing YO charges when the crime was committed, it shall immediately transfer the case to juvenile court.6 Any juvenile or YO detained on a charge has the same right to bail as an adult charged with a crime.7 

    If a child, or his parent, guardian, or next friend requests counsel before or during interrogation or after being charged, the court shall appoint counsel and disregard any attempted waiver of counsel by the parent, guardian, or next friend.8 Any child prosecuted as a YO or adult must be afforded all statutory and constitutional rights of an adult charged with a crime, and proceedings are as for a criminal action except as provided in the YO Act.9 

    Court records of a child certified to stand trial as an adult or YO are considered adult records. But the exhibits and testimony in a hearing on the motion for certification as a juvenile or a YO, or on the DA’s motion for imposition of an adult sentence on a YO, remain confidential. Such records shall be provided to the Office of Juvenile Affairs (OJA) The exhibits and testimony shall be released from under seal if the YO is sentenced to DOC under 2-5-209(B)(1) section 2-5-210(B) of Title 10A, or the juvenile or YO is later charged as an adult with a felony.10

    A child or YO shall be prosecuted as an adult and not subject to certification as a juvenile delinquent or YO if previously (1) certified to stand trial as an adult and convicted or given a deferred judgment; or (2) certified for imposition of an adult sentence in a YO proceeding and convicted or given a deferred judgment. A YO who is charged with committing any crime after age 18 is prosecuted as an adult.11

    5.2 Children charged with first degree murder

    A child of 13 or 14 charged with 1st degree murder shall be prosecuted and sentenced as an adult; but may seek certification (sometimes informally called “reverse-certification”) as a YO or juvenile; unless disqualified due to a previous adult certification and conviction or deferred sentence.12 A child of 13 or 14 accused of any other felony, and not disqualified by a previous adult certification, is initially charged by delinquency petition in juvenile court, but may be certified to stand trial as an adult.13 

    A child of 15, 16, or 17 charged with 1st degree murder shall be tried and sentenced as an adult and is not subject to certification as a YO or juvenile. Nevertheless, the DA may dismiss an adult information in such cases and re-file the charge as juvenile delinquency.14 A child of 15, 16, or 17 charged with any felony other than an enumerated felony committed at the ages specified in section 2-5-205 of Title 10A—and not disqualified by a previous adult certification and conviction or deferred judgment—is initially prosecuted in juvenile court, but may be certified to stand trial as an adult.

    5.3 Eligible crimes and ages for YO treatment

    A child of 15, 16, or 17 charged with 2nd degree murder, kidnapping or attempted kidnapping, 1st degree manslaughter, robbery or attempted robbery with a dangerous weapon, 1st degree robbery, conjoint robbery, rape or attempted rape by instrumentation, forcible sodomy, lewd acts or proposal to a child under 16, any violation of 21 O.S., § 1123(A), domestic abuse by strangulation, 1st degree arson or attempted arson, or any violation of 21 O.S., § 652 shall be initially prosecuted as a YO, and may be certified as either a juvenile or as an adult.15 The DA has discretion, in a charge against a child of 15, 16, or 17 for 1st degree rape or attempted rape, to prosecute the offender as an adult or a YO.16

    A child of 16 or 17 charged with 1st degree burglary or attempted burglary, assault and/or battery while in OJA custody on an OJA employee or contractor, aggravated assault and battery on a police officer, intimidating a witness; trafficking in or manufacturing illegal drugs, assault and battery with a deadly weapon, maiming; 2nd degree residential burglary after two or more separate delinquency adjudications for 1st degree burglary or 2nd degree residential burglary, 2nd degree rape, or using a firearm in the commission of a felony, should be initially charged as a YO, and may be certified as a juvenile, or as an adult. 

    The DA’s apparent authority under the current statute to direct the course of child criminal prosecutions can hardly be overstated. For the law seems to provide that in all of the cases here described, where a defendant of a certain age, charged with a certain crime, shall be initially prosecuted (or “held accountable”) as an adult or YO, the law also affirms the DA’s discretionary authority, at any time after filing the YO or adult charge, to dismiss the information and file a juvenile delinquency petition.

    5.4 Pre-trial procedure

    When an information is filed, a warrant setting forth the right to counsel and the right to be present at preliminary hearing must be issued and served personally on the defendant. Service on the custodial parent, guardian, or next friend must be personal, unless refused or not located; then by by certified mail or publication.17 Where a proceeding is commenced by filing an information against a YO, the child is presumed to be a YO until the court grants a motion for certification as a juvenile or the DA’s motion for imposition of an adult sentence.

    Preliminary hearing in 1st degree murder cases must commence within 90 days of filing the information, or the court must hold a hearing to consider the reasons for delay under 22 O.S.2021, § 812.2. In other YO cases, preliminary must commence within 90 days of filing the information, or the DA is precluded from seeking an adult sentence. The 90 day requirement can be waived by the defendant. If the defendant’s flees the jurisdiction, preliminary may commence within 90 days after the DA has actual notice of the defendant’s location in the State. If the defendant is found outside the State, preliminary must commence within 90 days of their return.18

    In all other cases of alleged delinquent acts that would be felonies if committed by adults (including YO cases where the DA chooses to charge the defendant as a juvenile), the case proceeds through a prosecutive merit19 hearing and, if requested by the DA, an adult certification hearing.20

    5.5 Motions to certify as a juvenile, YO, or impose adult sentence

    A motion to certify the defendant as a juvenile (or YO, in the case of age 13/14 first degree murder cases) must be filed before the commencement of a YO or adult preliminary, as the case may be.21 The defendant has the burden to prove he or she should be certified as a youthful offender or juvenile.22 The DA may elect to file a motion to impose adult sentence at least 14 days before the preliminary hearing, and bears the burden on this motion by clear and convincing evidence.23 In either case, the court must order a certification study by OJA on any of these respective motions, unless waived by the accused with court approval.24 

    After the prosecution’s evidence-in-chief at a YO or adult preliminary, the parties may offer evidence in support of their respective motions, and opposing the other party’s motion. The court shall determine these motions before ruling on the sufficiency of the preliminary evidence to bind the defendant over for trial. If a motion to impose adult sentence was not filed and determined by the court at preliminary hearing, the DA may elect to file a motion to impose adult sentence no later than 30 days after arraignment, or within 10 days of notification by the court that the defendant intends to enter a plea of guilty, in which case the motion shall be heard and determined by the trial court. The DA may present only one such motion to the court.25

    In determining whether to certify the defendant as a juvenile (or YO, where provided), or to impose an adult sentence on the DA’s motion, the court shall consider seven statutory guidelines giving greatest weight to the first three: (1) whether the crime was committed in an aggressive, violent, premeditated, or willful manner, and the defendant’s level of involvement; (2) whether the crime was against persons, the degree of personal injury, if any, and statements of the victim or victims; (3) the defendant’s record and past history, including contacts with law enforcement, juvenile or criminal courts, prior probation and commitments to juvenile institutions; (4) defendant’s sophistication, age, maturity, and capability of distinguishing right from wrong as determined by the defendant’s psychological evaluation, home, environmental situation, emotional attitude, and pattern of living; (5) prospects for adequate protection of the public if defendant is treated as a delinquent or YO; (6) if found guilty, the reasonable likelihood of rehabilitation through programs and facilities currently available to the court; and (7) whether the crime occurred while defendant was escaping or had escaped from a facility for YOs or delinquent children.26

    The court shall deny the motion to impose an adult sentence unless if it 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.27 The court shall issue a written decision on any motion to certify as a juvenile, YO, or impose adult sentence, with detailed findings of fact and conclusions of law, and stating that the court considered each of the seven guidelines in its decision. The decision on a motion for certification as a juvenile, YO, or to impose an adult sentence is a final order appealable to the Court of Criminal Appeals.28

    5.6 Trial and sentencing of juveniles and YOs

    Trial and appellate certification rulings bring the defendant to the adjudication phase of a juvenile, YO, or adult criminal proceeding. If the court certified the juvenile to stand trial as an adult, or granted a pre-trial motion to impose an adult YO sentence, the court must, upon a verdict or plea of guilty, impose the applicable adult term of imprisonment or fine, or both; and may suspend, delay, defer or modify it as generally provided in Title 22 or the YO Act. The defendant is then subject to adult imprisonment and DOC supervision, and faces prosecution as an adult in any subsequent criminal proceedings.29 Juveniles are either acquitted or adjudicated delinquent after a trial or stipulation (plea), and ordered to confinement or probation, drug court or other treatment programs, community service, and restitution.30

    The court shall sentence a YO to the adult range of punishment, except for capital crimes, by entering a Judgment of Adjudication as a Youthful Offender, stating the date, the crimes adjudicated, and the YO sentence(s). The YO sentence may be served under OJA supervision or in OJA custody of the Office of Juvenile Affairs until either the sentence expires, the YO is discharged from OJA supervision or custody by the court, or the court transfers the YO to DOC custody or supervision. The court may additionally make treatment or rehabilitative orders as for juveniles until the YO reaches age 19. The YO sentence, significantly, is not an adult conviction.31

    Within 30 days of notification of a YO’s placement in OJA custody or supervision, OJA must present the court with a rehabilitation plan, including a placement decision, treatment and educational needs, measurable objectives for successful completion, family treatment objectives, and conditions for reintegration to the community.32 The court shall schedule a review at least every 6 months, with notice to all interested parties, and additional hearings for good cause or upon a party’s or OJA’s request. Upon review, the court may extend jurisdiction over the YO, remand to a sanctions program (if under 18) for failure to comply with the plan, revoke community placement and remand to OJA custody for substantial non-compliance (if under 18), discharge the YO and dismiss the case, or transfer the YO to DOC custody or supervision.33

    5.7 YO reviews at age 18 and 18 years, 6 months

    The court shall hold a hearing 30 days prior to the YO’s 18th birthday, if the sentence has not expired, or the YO already transferred to DOC. The court after hearing shall either extend OJA custody or supervision to continue the rehabilitation plan; discharge the YO without a judgment of guilt and dismiss the case; or transfer the YO to DOC custody or supervision to serve the remaining term of the original sentence.34 Unless the sentence has expired or the YO has already been transferred to DOC, the court shall hold a hearing 6 months later—30 days before the YO is 18 years, 6 months— and six (6) months—and make one of the following determinations: (1) On OJA’s recommendation, extend custody or supervision to age 19 to allow completion of the reintegration phase of the treatment or community supervision. This may include a temporary transfer to DOC; (2) discharge the YO without a judgment of guilt and dismiss the case; or (3) transfer the YO to DOC custody or supervision to serve the remaining term of the original sentence.35

    If the court extends jurisdiction to age 19, the YO remains under OJA supervision or custody until discharged or sentenced by the court, or until the 19th birthday, when the YO returns to court for final disposition. The court then has the options of discharging the defendant without a court judgment of guilt and dismissing the case, or transferring to DOC custody or supervision to serve the remaining term of the original sentence. Dispositional orders of the court at any review hearing are final and appealable to the Court of Criminal Appeals.36

    5.8 Transfer of YO to DOC custody or supervision

    If the DA or OJA files a motion requesting that a YO be transferred to DOC custody or supervision, the court shall set the motion for hearing with notice to counsel, YO, parents or guardians, and the DA or OJA. OJA may offer a recommendation on the motion. At the final disposition hearing, any Motion to Transfer must be filed before the 19th birthday; but may be heard after the 19th birthday, to afford the latest possible time for the YO’s compliance with the treatment plan.37

    Transfer of the YO to DOC custody or supervision is authorized only upon clear and convincing evidence that the YO has (1) failed to make substantial progress towards completing the treatment plan; (2) engaged in a pattern of disruptive behavior not conducive to the policies and procedures of the program or facility, or endangered the life or health of other residents or staff of the facility; (3) caused disruption in, or smuggled contraband or participated with or assisted others in smuggling contraband into the facility; assaulted and/or battered an OJA employee or contractor; (4) assaulted and/or battered, or endangered the life or health of another; (5) committed a felony while in OJA custody or supervision as shown by a guilty plea, adjudication or judgment on a verdict of guilty, or other clear and convincing evidence, or (6) left a YO facility without permission.

    The court must issue a written transfer order with detailed findings of fact and conclusions of law addressing the grounds for transfer. The transfer order is an adult conviction in the court records and criminal history of the defendant, and is appealable to the Court of Criminal Appeals. The court shall provide DOC with a detailed offender’s treatment under the Youthful Offender Act including the date of the crime, date of adjudication as a YO, date of the motion to transfer custody to DOC, and the date of the adult sentence. Day-for-day credit will be granted against the adult sentence for time spent in the OJA custody or supervision, and the YO is eligible for other credits applicable to the adult sentence in DOC.38

    5.9 Dismissal and expungement of YO adjudication

    Upon the court’s dismissal of a YO adjudication, the defendant may file a motion for expungement of the plea and sentence records. The court after hearing may grant expungement (i.e., sealing of criminal records) under the procedures in subsection 991c(D) of Title 22, if the court finds reasonable completion the rehabilitation plan, that expungement is in the best interest of the defendant, and will not jeopardize public safety. Expungement can extend to records of the arrest and adjudication of the defendant held by the clerk, and files produced or created by a law enforcement agency which mention the defendant’s name. 

    The court may order OJA to expunge records relating to the defendant, except documents necessary to maintain state or federal funding. Judges, DA’s, the YO and his counsel, juvenile bureau and OJA employees may access sealed records without a court order when determining whether to dismiss an action, seek a voluntary probation, file a petition or information, or for purposes of sentencing or placement where the defendant allegedly committed a subsequent crime as a juvenile, YO, or adult. Use of sealed records in any subsequent juvenile, YO, or adult prosecution requires a court order.39

    5.10 Special pardon, vacating conviction, destruction of YO records

    A person sentenced as a YO and transferred to the adult system, with a recommendation from the sentencing court (rather than the Pardon and Parole Board), may seek from the Governor a full pardon upon completion of the sentence or discharge from parole.40 Three years after the expiration of a YO sentence, a YO may move the court to set aside the conviction if the court previously found that the YO reasonably complied with the rehabilitation plan and objectives; the person was discharged from supervision by OJA or granted early discharge from OJA supervision by the court; or the person completed the sentence imposed as a YO and has no subsequent convictions.41 

    A conviction set aside by the court under this provision releases the YO from the penalties and disabilities resulting from conviction, including disqualification from any employment or occupational license. The court may also order production of all of the arrest and conviction and order the clerk of the court to destroy the entire file, including docket sheets, index entries, court records, or records produced by a law enforcement agency.  The court may order probation officers and counselors to destroy all records, reports, and social and clinical studies of the offender in their possession, except as necessary to maintain state or federal funding.42

    5.11 Legislative intent of the youthful offender act

    The 2022 amendments to the Youthful Offender Act include a statement of legislative intent, particularly concerning the application of the act to 17 year old offenders. The Legislature intends for the YO Act to be fully utilized to protect the public while rehabilitating and holding youth accountable for serious crimes. The time needed to adjudicate a child’s eligibility for certification as a juvenile, YO, or to impose an adult sentence can compromise an older child, particularly of 17, to reasonably complete the plan of rehabilitation and treatment authorized by the YO Act. But otherwise eligible 17 year olds should have the opportunity for youthful offenders custody, institutional placement, supervision, and extended OJA jurisdiction. 

    An otherwise eligible 17 year old thus should not be denied YO consideration and treatment based solely upon their relatively advanced age. But a YO shall not remain in OJA custody or supervision beyond 18 years, 6 months, or 19 if jurisdiction has been extended to allow the defendant “to complete the reintegration phase of the treatment program or community supervision.” The exclusion of these otherwise eligible “older youth” without “cause” (simply due to their age) is “circumvents the original intent of the Legislature in creating the Youthful Offender Act.”43

    References

    1. 21 O.S.2021, § 152 ↩︎
    2. 10A O.S.Supp.2025,§ 2-5-204(A) ↩︎
    3. See also, 10A O.S.Supp.2025, § 2-5-204(I) ↩︎
    4. 10A O.S.Supp.2025, § 2-5-203(A)(1). If a crime that could be charged under section 2-5-205(A) through (E) of Title 10A is not reported, or did not become known to the DA until the offender reached 18, the person is prosecuted as an adult. 10A O.S.Supp.2025, § 2-5-203(D)(1). A child who willfully avoids reasonable attempts to apprehend her for an offense under section 2-5-205(A) through (E) until age 18 shall be prosecuted as an adult. 10A O.S.Supp.2025, § 2-5-203(D)(2) ↩︎
    5. 10A O.S.Supp.2025, § 2-5-203(A)(2) ↩︎
    6. 10A O.S.Supp.2025, § 2-5-203(B) ↩︎
    7. 10A O.S.Supp.2025, § 2-5-204(F) ↩︎
    8. 10A O.S.Supp.2025, § 2-5-204(B) ↩︎
    9. 10A O.S.Supp.2025, § 2-5-204(C) ↩︎
    10. 10A O.S.Supp.2025, § 2-5-204(D) ↩︎
    11. 10A O.S.Supp.2025, § 2-5-204(H), (I) ↩︎
    12. 10A O.S.Supp.2025, § 2-5-205(A) ↩︎
    13. 10A O.S.Supp.2025, § 2-5-205(A); 10A O.S.2021, § 2-2-403(A) ↩︎
    14. 10A O.S.Supp.2025, §§ 2-5-205(B); 2-5-205(F)(2) ↩︎
    15. 10A O.S.Supp.2025, § 2-5-205(C) ↩︎
    16. 10A O.S.Supp.2025, § 2-5-205(D) ↩︎
    17. 10A O.S.Supp.2025, § 2-5-204(A); 2-5-205(F)(1) and (2) ↩︎
    18. 10A O.S.Supp.2025, § 2-5-205(G) ↩︎
    19. Prosecutive merit is the juvenile equivalent of a felony preliminary examination. The DA must show that a crime has been committed and that there is probable cause to believe that the accused child committed it. J.T.P. v. St., 1975 OK CR 242 ↩︎
    20. 10A O.S.2021, § 2-2-403(A) ↩︎
    21. 10A O.S.Supp.2025, § 2-5-206A(1) ↩︎
    22. C.L.F. v. St., 1999 OK CR 12, ¶ 4 ↩︎
    23. St. v. K.B., 2022 OK CR 22, ¶ 5 ↩︎
    24. 280 10A O.S.Supp.2025, §§ 2-5-206A(2), 2-5-207A(B) ↩︎
    25. 10A O.S.Supp.2025, §§ 2-5-205(H), (I), (J); 2-5-207A(A)(1-3) ↩︎
    26. 10A O.S.Supp.2025, §§ 2-5-206A(B)(1-7); 2-5-207A(C)(1-7) ↩︎
    27. 10A O.S.Supp.2025, §§ 2-5-207A(D) ↩︎
    28. 10A O.S.Supp.2025, § 2-5-207A(D-F) ↩︎
    29. 10A O.S.2021, § 2-2-403(C) ↩︎
    30. 10A O.S.2021, §§ 2-2-501-504 (stating requirements for sentencing recommendations, treatment plans, and probation and custody options for juveniles adjudicated delinquent and/or in need of treatment or supervision, post-dispositional reports of progress and judicial review). ↩︎
    31. 10A O.S.Supp.2025, § 2-5-208A(A), (B), (D) ↩︎
    32. 10A O.S.Supp.2025, § 2-5-208A(E) ↩︎
    33. 10A O.S.Supp.2025, § 2-5-209A(A) ↩︎
    34. 10A O.S.Supp.2025, § 2-5-209A(B) ↩︎
    35. 10A O.S.Supp.2025, § 2-5-209A(C) ↩︎
    36. 10A O.S.Supp.2025, § 2-5-209A(D), (F) ↩︎
    37. 10A O.S.Supp.2025, §§ 2-5-209A(D); 2-5-210A(A) ↩︎
    38. 10A O.S.Supp.2025, § 2-5-210A(A), (B), (C) ↩︎
    39. 10A O.S.Supp.2025, § 2-5-210A(D) ↩︎
    40. 296 10A O.S.Supp.2025, § 2-5-213(A) ↩︎
    41. 10A O.S.Supp.2025, § 2-5-213(B) ↩︎
    42. 10A O.S.Supp.2025, § 2-5-213(B) ↩︎
    43. 10A O.S.Supp.2025, § 2-5-202(B), (C) ↩︎