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1 STATE OF OKLAHOMA
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2 2nd Session of the 60th Legislature (2026)
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3 SENATE BILL 1607 By: Nice
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6 AS INTRODUCED
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7 An Act relating to sentencing of juveniles; amending
7 10A O.S. 2021, Section 2-5-204, as amended by Section
8 4, Chapter 375, O.S.L. 2022 (10A O.S. Supp. 2025,
8 Section 2-5-204), which relates to treatment of child
9 certified as adult or youthful offender in criminal
9 proceedings; prohibiting imposition of certain terms
10 of imprisonment for certain persons; updating
10 statutory references; amending 22 O.S. 2021, Section
11 985.1, which relates to departure from mandatory
11 minimum sentencing; requiring court to depart from
12 mandatory minimum sentence under certain
12 circumstances; and providing an effective date.
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15 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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16 SECTION 1. AMENDATORY 10A O.S. 2021, Section 2-5-204, as
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17 amended by Section 4, Chapter 375, O.S.L. 2022 (10A O.S. Supp. 2025,
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18 Section 2-5-204), is amended to read as follows:
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19 Section 2-5-204. A. A child who is arrested for an offense
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20 pursuant to subsection A, B, C, D, or E of Section 2-5-205 of this
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21 title, may, depending on the child's age and alleged crime, be
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22 charged as a juvenile delinquent, youthful offender, or an adult.
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23 If charged as a juvenile delinquent, a petition shall be filed. If
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24 charged as a youthful offender or adult, an information shall be
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1 filed. At any time after the child is charged as a youthful
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2 offender or adult, the district attorney may dismiss the information
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3 and file a juvenile delinquent petition.
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4 B. If the child is not otherwise represented by counsel and
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5 either the child, his or her parent, guardian, or next friend
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6 requests an attorney prior to or during interrogation, or upon being
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7 charged by information, as provided in subsection A of this section,
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8 the court shall appoint an attorney, who shall not be a district
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9 attorney, for the child regardless of any attempted waiver by the
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10 parent, guardian, or next friend of the right to be represented by
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11 counsel. If the court appoints an attorney for a child for the
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12 interrogation or at the initial appearance, the court shall review
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13 the appointment at a subsequent hearing to determine if the child,
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14 parent, guardian, or next friend qualifies for a court-appointed
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15 attorney.
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16 C. When a person proceeds to trial as either a youthful
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17 offender or as an adult as provided by the Youthful Offender Act,
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18 the accused person shall have all the statutory and constitutional
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19 rights and protections of an adult accused of a crime. All
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20 proceedings shall be as for a criminal action and the provisions of
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21 Title 22 of the Oklahoma Statutes shall apply, except as provided
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22 for in the Youthful Offender Act.
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23 D. All youthful offender court records for a person who is
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24 certified to stand trial as an adult or youthful offender shall be
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1 considered adult records and shall not be subject to the provisions
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2 of Chapter 6 of the Oklahoma Juvenile Code; provided, however, all
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3 reports, evaluations, motions, records, exhibits, or documents
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4 regarding the educational history, mental health, or medical
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5 treatment or condition of the person that are submitted to the court
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6 or admitted into evidence during the hearing on the motion for
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7 certification as a juvenile or a youthful offender or on the motion
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8 for imposition of an adult sentence shall be confidential and shall
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9 be filed or admitted under seal, except that such records shall be
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10 provided to the Office of Juvenile Affairs. Any testimony regarding
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11 the reports, evaluations, motions, records, exhibits, or documents
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12 shall be given in camera and shall not be open to the general
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13 public; provided, all persons having a direct interest in the case
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14 as provided in paragraph 1 of subsection A of Section 2-2-402 of
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15 this title shall be allowed to be present during the testimony but
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16 shall be admonished not to discuss the testimony following the
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17 hearing. All reports, evaluations, motions, records, exhibits, or
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18 documents shall be released from under seal by order of the court if
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19 the youthful offender is sentenced to the custody or supervision of
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20 the Department of Corrections by the court pursuant to paragraph 1
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21 of subsection B A of Section 2-5-209 2-5-208A or subsection B of
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22 Section 2-5-210 2-5-210A of this title or if the juvenile or
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23 youthful offender is later charged as an adult with a felony crime.
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1 E. Proceedings against a youthful offender shall be heard by
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2 any judge of the district court.
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3 F. Upon arrest and detention of a person subject to the
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4 provisions of the Youthful Offender Act, the person has the same
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5 right to be released on bail as would an adult in the same
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6 circumstances.
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7 G. Upon a verdict of guilty or entry of a plea of guilty or
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8 nolo contendere by a youthful offender who has been certified for
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9 the imposition of an adult sentence as provided by Section 2-5-207
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10 2-5-207A of this title, the person may be detained in an adult jail,
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11 adult lockup, adult detention facility, or other adult facility if
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12 that facility is licensed by the State Department of Health to
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13 detain children under eighteen (18) years of age while the person is
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14 awaiting housing by the Department of Corrections. In no event
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15 shall a person who was under eighteen (18) years of age at the time
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16 the offense was committed be sentenced to life imprisonment without
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17 the possibility of parole or be given a mandatory minimum sentence
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18 that carries a term of imprisonment that exceeds twenty (20) years.
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19 H. A child or youthful offender shall be tried as an adult in
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20 all subsequent criminal prosecutions, and shall not be subject to
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21 the jurisdiction of the juvenile court as a juvenile delinquent or
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22 youthful offender processes in any further proceedings if:
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23 1. The child or youthful offender has been certified to stand
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24 trial as an adult pursuant to any certification procedure provided
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1 by law and is subsequently convicted of the alleged offense or
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2 against whom the imposition of judgment and sentence has been
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3 deferred; or
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4 2. The youthful offender has been certified for the imposition
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5 of an adult sentence as provided by Section 2-5-207 2-5-207A of this
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6 title and is subsequently convicted of the alleged offense or
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7 against whom the imposition of judgment and sentencing has been
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8 deferred.
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9 I. Except as otherwise provided in the Youthful Offender Act, a
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10 person who has been certified as a youthful offender shall be
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11 prosecuted as a youthful offender in all subsequent criminal
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12 proceedings until the youthful offender has attained eighteen (18)
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13 years of age.
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14 All proceedings for the commission of a crime committed after a
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15 youthful offender has reached eighteen (18) years of age shall be
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16 adult proceedings.
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17 SECTION 2. AMENDATORY 22 O.S. 2021, Section 985.1, is
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18 amended to read as follows:
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19 Section 985.1. A. When sentencing a person convicted of a
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20 criminal offense for which there is a mandatory minimum sentence of
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21 imprisonment, the court may depart from the applicable sentence if
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22 the court finds substantial and compelling reasons on the record,
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23 after giving due regard to the nature of the crime, history, and
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1 character of the defendant and his or her chances of successful
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2 rehabilitation, that:
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3 1. The mandatory minimum sentence of imprisonment is not
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4 necessary for the protection of the public; or
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5 2. Imposition of the mandatory minimum sentence of imprisonment
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6 would result in substantial injustice to the defendant; or
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7 3. The mandatory minimum sentence of imprisonment is not
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8 necessary for the protection of the public and the defendant, based
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9 on a risk and needs assessment, is eligible for an alternative
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10 court, a diversion program, or community sentencing, without regard
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11 to exclusions because of previous convictions, and has been accepted
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12 to the same, pending sentencing.
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13 B. The Except as provided in subsection D of this section, the
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14 court shall not have the discretion to depart from the applicable
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15 mandatory minimum sentence of imprisonment on convictions for
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16 criminal offenses under the following circumstances:
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17 1. The offense for which the defendant was convicted is among
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18 those crimes listed in Section 571 of Title 57 of the Oklahoma
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19 Statutes as excepted from the definition of "nonviolent offense";
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20 2. The offense for which the defendant was convicted was a sex
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21 offense and will require the defendant to register as a sex offender
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22 pursuant to the provisions of the Sex Offenders Registration Act;
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23 3. The offense for which the defendant was convicted involved
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24 the use of a firearm;
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1 4. The offense for which the defendant was convicted is a crime
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2 listed in Section 13.1 of Title 21 of the Oklahoma Statutes
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3 requiring the defendant to serve not less than eighty-five percent
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4 (85%) of any sentence of imprisonment imposed by the judicial system
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5 prior to becoming eligible for consideration for parole;
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6 5. The offense for which the defendant was convicted is a
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7 violation of the Trafficking in Illegal Drugs Act as provided in
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8 Sections 2-414 through 2-420 of Title 63 of the Oklahoma Statutes;
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9 6. The defendant was the leader, manager, or supervisor of
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10 others in a continuing criminal enterprise; or
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11 7. The offense for which the defendant was convicted is a
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12 violation of the Oklahoma Antiterrorism Act as provided in Sections
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13 1268 through 1268.8 of Title 21 of the Oklahoma Statutes.
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14 C. Any departure from the mandatory minimum sentence as
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15 authorized in this section shall not reduce the sentence to less
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16 than twenty-five percent (25%) of the mandatory term.
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17 D. The court shall depart from the applicable mandatory minimum
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18 sentence as required pursuant to subsection G of Section 2-5-204 of
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19 Title 10A of the Oklahoma Statutes.
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20 SECTION 3. This act shall become effective November 1, 2026.
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22 60-2-2692 TEK 1/13/2026 1:09:58 PM
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Req. No. 2692 Page 7Every fact on this page links to its source, starting with the official bill record.