An act relating to sentencing of juveniles, the official text

1                  STATE OF OKLAHOMA

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2                  1st Session of the 60th Legislature (2025)

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3 SENATE BILL 390              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. 2024,

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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1 5 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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1 7 amended by Section 4, Chapter 375, O.S.L. 2022 (10A O.S. Supp. 2024,

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1 8 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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2 0 pursuant to subsection A, B, C, D, or E of Section 2-5-205 of this

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2 1 title, may, depending on the child's age and alleged crime, be

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2 2 charged as a juvenile delinquent, youthful offender, or an adult.

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2 3 If charged as a juvenile delinquent, a petition shall be filed. If

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2 4 charged as a youthful offender or adult, an information shall be

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    Req. No. 1264                                              Page 1
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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1 0 parent, guardian, or next friend of the right to be represented by

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1 1 counsel. If the court appoints an attorney for a child for the

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1 2 interrogation or at the initial appearance, the court shall review

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1 3 the appointment at a subsequent hearing to determine if the child,

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1 4 parent, guardian, or next friend qualifies for a court-appointed

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1 5 attorney.

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16  C. When a person proceeds to trial as either a youthful

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1 7 offender or as an adult as provided by the Youthful Offender Act,

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1 8 the accused person shall have all the statutory and constitutional

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1 9 rights and protections of an adult accused of a crime. All

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2 0 proceedings shall be as for a criminal action and the provisions of

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2 1 Title 22 of the Oklahoma Statutes shall apply, except as provided

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2 2 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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2 4 certified to stand trial as an adult or youthful offender shall be

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    Req. No. 1264                                               Page 2
 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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1 0 provided to the Office of Juvenile Affairs. Any testimony regarding

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1 1 the reports, evaluations, motions, records, exhibits, or documents

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1 2 shall be given in camera and shall not be open to the general

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1 3 public; provided, all persons having a direct interest in the case

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1 4 as provided in paragraph 1 of subsection A of Section 2-2-402 of

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1 5 this title shall be allowed to be present during the testimony but

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1 6 shall be admonished not to discuss the testimony following the

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1 7 hearing. All reports, evaluations, motions, records, exhibits, or

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1 8 documents shall be released from under seal by order of the court if

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1 9 the youthful offender is sentenced to the custody or supervision of

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2 0 the Department of Corrections by the court pursuant to paragraph 1

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2 1 of subsection B A of Section 2-5-209 2-5-208A or subsection B of

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2 2 Section 2-5-210 2-5-210A of this title or if the juvenile or

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2 3 youthful offender is later charged as an adult with a felony crime.

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Req. No. 1264  Page 3
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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1 0 2-5-207A of this title, the person may be detained in an adult jail,

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1 1 adult lockup, adult detention facility, or other adult facility if

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1 2 that facility is licensed by the State Department of Health to

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1 3 detain children under eighteen (18) years of age while the person is

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1 4 awaiting housing by the Department of Corrections. In no event

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1 5 shall a person who was under eighteen (18) years of age at the time

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1 6 the offense was committed be sentenced to life imprisonment without

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1 7 the possibility of parole or be given a mandatory minimum sentence

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1 8 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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2 0 all subsequent criminal prosecutions, and shall not be subject to

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2 1 the jurisdiction of the juvenile court as a juvenile delinquent or

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2 2 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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2 4 trial as an adult pursuant to any certification procedure provided

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    Req. No. 1264                                               Page 4
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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1 0 person who has been certified as a youthful offender shall be

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1 1 prosecuted as a youthful offender in all subsequent criminal

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1 2 proceedings until the youthful offender has attained eighteen (18)

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1 3 years of age.

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14  All proceedings for the commission of a crime committed after a

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1 5 youthful offender has reached eighteen (18) years of age shall be

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1 6 adult proceedings.

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17  SECTION 2.          AMENDATORY  22 O.S. 2021, Section 985.1, is

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1 8 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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2 0 criminal offense for which there is a mandatory minimum sentence of

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2 1 imprisonment, the court may depart from the applicable sentence if

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2 2 the court finds substantial and compelling reasons on the record,

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2 3 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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1 0 court, a diversion program, or community sentencing, without regard

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1 1 to exclusions because of previous convictions, and has been accepted

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1 2 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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1 4 court shall not have the discretion to depart from the applicable

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1 5 mandatory minimum sentence of imprisonment on convictions for

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1 6 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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1 8 those crimes listed in Section 571 of Title 57 of the Oklahoma

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1 9 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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2 1 offense and will require the defendant to register as a sex offender

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2 2 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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2 4 the use of a firearm;

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    Req. No. 1264                                             Page 6
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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1 0 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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1 2 violation of the Oklahoma Antiterrorism Act as provided in Sections

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1 3 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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1 5 authorized in this section shall not reduce the sentence to less

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1 6 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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1 8 sentence as required pursuant to subsection G of Section 2-5-204 of

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1 9 Title 10A of the Oklahoma Statutes.

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20  SECTION 3. This act shall become effective November 1, 2025.

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22  60-1-1264      TEK  1/14/2025 3:50:53 PM

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