OSCN Found Document:IN RE: APPROVAL OF REVISED JUVENILE DELINQUENT AND YOUTHFUL OFFENDER ORDER FORMS

IN RE: APPROVAL OF REVISED JUVENILE DELINQUENT AND YOUTHFUL OFFENDER ORDER FORMS
2026 OK 40

Decided: 05/27/2026
SUPREME COURT OF THE STATE OF OKLAHOMA


Cite as: 2026 OK 40, __ P.3d __


IN RE: APPROVAL OF REVISED JUVENILE DELINQUENT AND YOUTHFUL OFFENDER ORDER FORMS

ORDER

At the request of the Oklahoma Court of Criminal Appeals, the Court has reviewed proposed revisions to the Juvenile Delinquent and Youthful Offender forms submitted by the Juvenile Justice Oversight and Advisory Committee. Revisions to the forms have been made in response to statutory amendments and to ensure that the forms comport with the statutory requirements of the Oklahoma Juvenile Code at 10A O.S. §§ 2-2-401 -- 2-2-404 and the Youthful Offender Act at 10A O.S. §§ 2-5-201 -- 2-5-209A.

1. The following juvenile delinquent forms are approved for use and shall supersede all prior versions:
a. The "Adjudication of Delinquent" form is hereby revised and replaced with a "Summary of Facts: Adjudication of Delinquent Petition(s)," attached as "Exhibit A."
b. The "Addendum to Summary of Facts" form is hereby revised and replaced with a "Addendum to Summary of Facts: Adjudication of Delinquent Petition(s)," attached as "Exhibit B."
2. The following youthful offender forms are approved for use and shall supersede all prior versions:
a. The "Youthful Offender Plea Paperwork" form is hereby revised to "Youthful Offender Plea of Guilty -- Summary of Facts," as attached hereto as "Exhibit C."
b. The "Judgment of Adjudication" form is hereby revised to "Judgment of Adjudication as Youthful Offender," as attached as "Exhibit D."

The Court hereby adopts the attached revised order forms effective May 26, 2026, and directs the Administrative Office of the Courts to publish the revised forms, superseding the current forms, on its Legal Forms website at OSCN.net.

DONE BY ORDER OF THE SUPREME COURT IN CONFERENCE ON THE 26TH DAY OF MAY, 2026.

 

                                                                                                                       /s/_______________________________________
                                                                                                                           CHIEF JUSTICE

 

ALL JUSTICES CONCUR


EXHIBIT A



                                IN THE JUVENILE DIVISION OF THE DISTRICT COURT OF

                           ____________________________________ COUNTY, STATE OF OKLAHOMA

    IN THE MATTER OF:                                   ) Case         ______________________________________________
                                                        ) Number(s)
    ________________________________________________,   )              ______________________________________________
    A DELINQUENT CHILD                                  )
                                                                       ______________________________________________
    JUDGE _________________________________ 
    [ ] Deferred Adjudication  [ ] Adjudication  [ ] Other: _________________________________________________________
    Okla. Stat. tit.10A, § 2-2-404(A)   Okla. Stat. tit.10A, § 2-2-402(C)
                                 SUMMARY OF FACTS: ADJUDICATION OF DELINQUENT PETITION(S)
    1.  My name is: __________________________________________________________________________________________________
    2.  How old are you? _________________________________________   My birthday is: _________________________________
    3.  What grade are you in? ______________________     I go to ______________________________________________school
        When I attend school, I am in: [ ] general classes [ ] advance placement classes [ ] special education classes
        [ ] learning disability classes [ ] other ___________________________________________________________________
    4.  Do you take any medicine?    YES  NO  If yes, what medicine do you take? ____________________________________
        ____________________________________________________________      Do you take it every day?          YES   NO
    5.  Is there any medicine you are supposed to be taking but are not taking? ________________________
    6.  Have you ever been treated by a doctor OR been placed in a hospital for your mental health?          YES   NO
        If yes, when/where/why: _____________________________________________________________________________________
        _____________________________________________________________________________________________________________
    7.  My lawyer's name is: ________________________________________________________________________________________
    8.  Child's Lawyer: Have you, your client & your client's parent/guardian/legal custodian(s) received a copy 
        of the petition(s)?                                                                                   YES   NO
    9.  Child's Lawyer:  Do you have any reason to believe your client IS NOT currently COMPETENT?            YES   NO
        "Competency refers to a child's ability to understand the nature and objectives of a proceeding against the child
        or to assist in the child's defense. A child is incompetent if, due to developmental disability, developmental 
        immaturity, intellectual disability, or mental illness the child is presently incapable of understanding the 
        nature and objective of proceedings against the child or of assisting in the child's defense." 
        Okla. Stat. tit. 10A, § 2-2-401(1)
    10. Child's Lawyer:  Does the State move to dismiss or amend any charges?                                YES   NO
        If yes, please list the amendments or changes: ________________________________________________________
        _______________________________________________________________________________________________________
    11. I understand that I am now entering a plea to the following delinquent charges.                      YES   NO
        Charge:                           Level of charge  Plea       Statutory Reference:       Class Letter and Number
        1.__________________________________ [ ] Felony     [ ] Stipulation  tit. _____, § __________     ________________
                                             [ ] Misdemeanor [ ] No Contest
        2.__________________________________ [ ] Felony     [ ] Stipulation  tit. _____, § __________     ________________
                                             [ ] Misdemeanor [ ] No Contest
        3.__________________________________ [ ] Felony     [ ] Stipulation  tit. _____, § __________     ________________
                                             [ ] Misdemeanor [ ] No Contest
        4.__________________________________ [ ] Felony     [ ] Stipulation tit. _____, § __________     ________________
                                             [ ] Misdemeanor [ ] No Contest
        5.__________________________________ [ ] Felony     [ ] Stipulation tit. _____, § __________     ________________
        (Attach Addendum if needed for additional charges) [ ] Misdemeanor  [ ] No Contest
    12. My lawyer and I have talked about the facts and the evidence in my case(s). I understand that I do not 
        have to stipulate or plead no contest to the charge(s) alleged in this/these case(s) and that I have all 
        the following constitutional rights:

        A. I have a right to have a lawyer defend me. If my parent(s), guardian(s), or legal custodian(s) cannot 
           afford to hire a lawyer the court will provide one for me;

        B. I understand the law presumes that I did not commit the charge(s) alleged in the petition(s) and that 
           I am not delinquent;

        C. I have the right to remain silent and not testify. If I remain silent, the fact that I remained 
           silent cannot be used against me;

        D. I have the right to see and hear all witnesses called to testify against me, and my lawyer can ask 
           them questions for me;

        E. I have the right to have my witnesses ordered to come to court, testify for me, and to present any 
           defense I have to the charge(s);

        F. The prosecutor is required to prove that I committed the charge(s) in the petition(s) beyond a 
           reasonable doubt;

        G. I have the right to a jury trial before six (6) people who will determine whether I committed the 
           charge(s) alleged in the petition(s). The jury will decide if I am delinquent or not delinquent and 
           all six (6) jurors must agree on the decision or I will be found not delinquent; and,

        H. If I don’t want to have a jury trial, I can have a trial decided by the judge (bench trial) if my 
           parent(s)/guardian(s), or legal custodian(s) and the prosecutor agrees, the case would be tried 
           before the Judge who would decide if I am delinquent or not delinquent and if I am found delinquent 
           the Judge will determine the appropriate disposition.
        
        I UNDERSTAND EACH OF THESE RIGHTS AND I UNDERSTAND THAT BY ENTERING A PLEA IN THIS/THESE 
        CASE(S) I AM GIVING UP ALL THE ABOVE RIGHTS.                                                   YES   NO

    13. I understand if I “stipulate” to the charges(s) listed above that I am admitting I did the act(s). I 
        understand if I plead “no contest”, I am not admitting I did the act(s) but I am agreeing to the State’s 
        offer of proof and agreeing to give up my right to a trial.                                    YES   NO

    14. I understand if the judge accepts my stipulation(s), or my no contest plea(s), I will be found to be a 
        delinquent child and will be a Ward of the Court.                                              YES   NO

    15. I understand that the judge will hold a dispositional hearing after I enter my plea. This hearing will 
        decide where I will be placed while I am a ward of the court. The judge will have the following choices, 
        and I understand that the judge can keep me on probation, or in custody, until my 19th birthday:

        • Placement in the community with an approved parent(s), guardian(s), and/or legal custodian(s)  on 
          probation;
        • Placement in a private institution or group home; or
        • Placement in the custody of the Office of Juvenile Affairs.                                  YES   NO

    16. I understand that the judge can order my parent(s)/guardian(s)/legal custodian(s) and/or me to pay court 
        costs, fines, probation fees, programs fees, drug testing fees, and/or restitution for the damages I 
        caused.                                                                                        YES   NO

    17. I understand that the judge can order my parent(s)/guardian(s)/legal custodian(s) and/or me to attend 
        counseling or treatment programs, complete community service, complete drug testing, or other 
        requirements as ordered by the judge.                                                          YES   NO

    18. Do you believe your lawyer has helped you and are you satisfied with his/her help?             YES   NO

    19. Do you want to stipulate or enter a no content plea to the charges(s)?                         YES   NO

    20. If the court accepts your plea to the charge(s), is there a plea agreement?                    YES   NO


        If yes, what is the plea agreement: _________________________________________________________________

        _____________________________________________________________________________________________

        _____________________________________________________________________________________________

        _____________________________________________________________________________________________

        _____________________________________________________________________________________________

        _____________________________________________________________________________________________
        (Attach Addendum if needed for additional description of the plea agreement)

        I understand that the Court is not required to accept a plea agreement or recommendation, and if the Court 
        does not accept the plea agreement, I have the right to withdraw my stipulation or plea of no 
        contest?                                                                                       YES   NO

    21. State the factual basis for your plea: ________________________________________________________________

        _____________________________________________________________________________________________

        _____________________________________________________________________________________________

        __________________________________________________________________       Initial: ____________________

    22. [  ] My lawyer wrote the above statement.  It is a true description of what I did, and I adopt it as my 
        own for the purpose of this plea.    (Attach Addendum if additional space is needed)

    23. I AM STIPULATING/PLEADING NO CONTEST to the charges because I want to and not because someone 
        (parent(s), guardian(s), legal custodian(s) lawyer or anyone else) is threatening or forcing me. There 
        have been no promises made to me other than the agreements made between me, my lawyer and the 
        prosecutor, which are contained above in question number 20 in this form.      Initial: ____________________

    24. I UNDERSTAND that I have the right to appeal my plea as a delinquent to the Oklahoma Court of Criminal 
        Appeals and that if I wish to do this, I must tell my LAWYER I want to appeal within the next 10 days.  
        If I do not tell my lawyer, I wish to appeal within 10 days what happened today is final.
                                                                                       Initial: ____________________

    25. I UNDERSTAND that an adjudication for any act that would be considered a felony if it were committed by  
        an adult will legally prevent me from possessing a firearm or imitation firearm or from knowingly driving 
        or being in a vehicle or a house where a firearm or imitation firearm is present for a period of 10 
        years from today (Okla. Stat. tit. 21, § 1283).  A conviction, as an adult, for possession of a firearm 
        after former adjudication can result in imprisonment in the state penitentiary for 1 to 10 years.
                                                                                       Initial: ____________________

    26. I understand that if I am not a United States citizen, entering a plea to the act(s) could affect my 
        immigration status. I have talked to my lawyer about my immigration status and understand that entering 
        a plea today could mean I could be deported, denied naturalization or excluded from admission to the 
        United States. I understand that the laws regarding my immigration status are the laws of the United 
        States and not the laws of the State of Oklahoma. I understand my lawyer in this case does not represent 
        me in any immigration case and that any specific questions about immigration should be discussed with an 
        immigration lawyer BEFORE ENTERING MY PLEA. I ALSO UNDERSTAND THAT IMMIGRATION, INCLUDING DEPORTATION, 
        IS A SEPARATE PROCEEDING GOVERNED BY THE LAWS OF THE UNITED STATES. I understand that no one, including 
        my lawyer, the prosecutor or the judge, can tell me how my plea will affect my immigration status now or 
        in the future.                                                                 Initial: ____________________

                                         DECLARATION OF THE CHILD
        I have read, or had read to me, this form and my lawyer has gone over this form with me and explained what 
    everything means and answered all my questions.  I understand the rights I am giving up; I know what could 
    happen because of my plea, and I have decided to enter this plea of my own free will and I am asking the 
    Court to accept my plea and make the findings that are in my best interest.
    

    _________________________________________________        ______________________________________
    Child (Signature)                                        DATE

    _________________________________________________
    (Type or Print Name)

                          DECLARATION OF PARENT(S)/GUARDIAN(S)/LEGAL CUSTODIAN(S)
        I/WE, the parent(s)/guardian(s)/legal custodian(s) of the child have read and reviewed this form and the 
    answers contained in it are true and correct statements. I/We understand that it is my/our responsibility to 
    participate actively in the services provided and to assist the child in the completion of those services. I/We 
    also understand that we are also responsible, along with the child, for the fines, fees, restitution, and costs 
    assessed in this case. I/We understand that if we fail to follow the court orders in this case that we could 
    be subject to contempt proceedings.


    _________________________________________________        ______________________________________
    Parent/Guardian (Signatures)                             DATE

    _________________________________________________        ______________________________________
    Parent/Guardian (Signatures)                             DATE


                                          DECLARATION OF INTERPRETER
    I have interpreted in this case for the: [  ] Child   [  ] Parent(s)/Guardian(s)/Legal Custodian(s)   [  ] Both
    The primary language of the person(s) I interpreted for is: [ ] Spanish  [ ] Other: ___________________________
    I certify I interpreted this form for the child/parent(s)/guardian(s)/legal custodian(s) in their primary language 
    to the best of my ability.
    Level of Courtroom Interpreter Credentials: [ ] Certified Interpreter ________________  [ ] Registered Interpreter

    ________________________________/_________________   _____________________________________________
    Interpreter (Signature)                 DATE         (Type or Print Name)

                                         DECLARATION OF DEFENSE COUNSEL
        I, the undersigned lawyer for the child, have assisted my client in filling out this form. I have explained 
    and discussed with my client their rights, the facts of his/her case, the possible defenses, and the consequences 
    of his/her decision to enter this plea and I believe the child understands the nature, purpose, and consequences 
    of this proceeding.

    _________________________________________________    _____________________________________________
    Defense Lawyer                                       OBA #

    _________________________________________________    _____________________________________________
    (Type or Print Name)                                 DATE

                                         DECLARATION OF PROSECUTOR
        I, the undersigned attorney for the State, have reviewed this form. The explanation of the plea agreement 
    (if any) contained in question 20 correctly sets forth the agreement between the State and the child. The offer 
    of proof for the no contest plea: _________________________________________________________________________________
    _________________________________________________________________________________________________
    _________________________________________________________________________________________________
    _________________________________________________________________________________________________

    _________________________________________________    _____________________________________________
    Assistant District Attorney                          OBA #

    _________________________________________________    _____________________________________________
    (Type or Print Name)                                 DATE

                                            FINDINGS AND ORDERS
        THE COURT ADDRESSED THE CHILD DIRECTLY IN COURT AND FINDS AS FOLLOWS:
        A. The child has been sworn and responded to the questions under oath.
        B. The child has been fully informed of his/her constitutional rights and the consequences of his/her plea(s) 
           in this case and he/she understands them.
        C. The child’s [ ] stipulation(s) [ ] plea(s) of no contest is/are knowing and voluntarily entered and accepted 
           by the Court.
        D. The child is competent for purposes of this hearing.
        E. A factual basis exists for the plea(s).
        F. The child comes within the purview of the Oklahoma Juvenile Code.
        G. The child is found to be delinquent and is made a ward of the Court.

    THE COURT FURTHER FINDS:
        A. The parent(s)/guardian(s) of the child appeared in court and were fully informed of the requirements and 
           responsibilities they have in assisting their child or ward in completing the terms of this plan.
        B. This explanation included their responsibility to actively participate in the services provided and the 
           possible consequences of their failing to follow the Court's orders.

        IT IS FURTHER ORDERED that the case is set for a disposition hearing [ ]instanter (immediately) or [ ]on 
    the _____ day of __________________________, 20_____, at __________ A.M./P.M.

    DATED this ________ day of __________________, 20_____.

                                                         ___________________________________________
                                                         JUDGE OF THE DISTRICT COURT

 


EXHIBIT B


                                IN THE JUVENILE DIVISION OF THE DISTRICT COURT OF

                           ____________________________________ COUNTY, STATE OF OKLAHOMA

    IN THE MATTER OF:                                   ) Case         ______________________________________________
                                                        ) Number(s)
    ________________________________________________,   )              ______________________________________________
    A DELINQUENT CHILD                                  )
                                                                       ______________________________________________
    JUDGE _________________________________
    [ ] Deferred Adjudication  [ ] Adjudication  [ ] Other: _________________________________________________________
    Okla. Stat. tit.10A, § 2-2-404(A)   Okla. Stat. tit.10A, § 2-2-402(C)

                            ADDENDUM TO SUMMARY OF FACTS: ADJUDICATION OF DELINQUENT PETITION(S)

    Please use this Addendum to answer overflow information for Questions 11, 19, and 20 or if additional space is 
    needed to answer any other question(s).

    Question #11

       Charge:                            Level of charge     Plea           Statutory Reference:          Class Letter and Number
       6.__________________________________ [ ] Felony      [ ] Stipulation  tit. _____, § __________      ________________
                                            [ ] Misdemeanor [ ] No Contest
       7.__________________________________ [ ] Felony      [ ] Stipulation  tit. _____, § __________      ________________
                                            [ ] Misdemeanor [ ] No Contest
       8.__________________________________ [ ] Felony      [ ] Stipulation  tit. _____, § __________      ________________
                                            [ ] Misdemeanor [ ] No Contest
       9.__________________________________ [ ] Felony      [ ] Stipulation  tit. _____, § __________      ________________
                                            [ ] Misdemeanor [ ] No Contest
       10._________________________________ [ ] Felony      [ ] Stipulation  tit. _____, § __________      ________________
                                            [ ] Misdemeanor [ ] No Contest
       11._________________________________ [ ] Felony      [ ] Stipulation  tit. _____, § __________      ________________
                                            [ ] Misdemeanor [ ] No Contest
       12._________________________________ [ ] Felony      [ ] Stipulation  tit. _____, § __________      ________________
       (Attach Addendum if needed for additional charges) [ ] Misdemeanor [ ] No Contest

    Question #19
       _________________________________________________________________________________________________________________
       _________________________________________________________________________________________________________________
       _________________________________________________________________________________________________________________
       _________________________________________________________________________________________________________________
       _________________________________________________________________________________________________________________
       _________________________________________________________________________________________________________________

    Question #20
       _________________________________________________________________________________________________________________
       _________________________________________________________________________________________________________________
       _________________________________________________________________________________________________________________
       _________________________________________________________________________________________________________________
       _________________________________________________________________________________________________________________
       __________________________________________________________________       Initial: ____________________

    [  ] My Lawyer wrote the above statement.  It is a true description of what I did and I adopt it as my own for 
         the purpose of this plea.

    Other Questions: ________________________________________________________________________________________________
       _________________________________________________________________________________________________________________
       _________________________________________________________________________________________________________________
       _________________________________________________________________________________________________________________
       _________________________________________________________________________________________________________________
       _________________________________________________________________________________________________________________


    _________________________________________________    ______________________________________
    Child                                                Date

    _________________________________________________    _____________________________________________
    Parent/Guardian                                      Parent/Guardian

    _________________________________________________    _____________________________________________
    Lawyer for the child                                 Assistant District Attorney

 


EXHIBIT C


                                 IN THE DISTRICT COURT OF ______________________ COUNTY
                                                        STATE OF OKLAHOMA

    STATE OF OKLAHOMA,                                )
                                Plaintiff,            )
                                                      )
    v.                                                )      Case No. ______________________________
                                                      )
    ____________________________________________,     )      [NOTE: The trial judge shall ensure the
                                Defendant.            )      defendant is sworn either prior to
                                                      )      completing the Summary of Facts or prior
    Last four digits of SS#_____________________      )      to inquiry by the Court on the Plea. If
    Last four digits of D.L.#____________ State _____ )      the defendant is entering a nolo
    Year of Birth _______ Place of Birth ____________ )      contendere, or other type guilty plea,
    Oklahoma DOC# ___________________________________ )      correct by pen change where term
                                                      )      “guilty” used.]
    ________________________________________________  )
                                                      )
    ________________________________________________  )
                                                      )
    ________________________________________________  )
    (Home Address)

                                 YOUTHFUL OFFENDER PLEA OF GUILTY – SUMMARY OF FACTS

    PART A:  Findings of Fact, Acceptance of Plea
                                                                                                      CIRCLE
    1.      Is the name just read to you your true name?                                         Yes     No
            If no, what is your correct name? ________________________________________________________
            I have also been known by the name(s): ___________________________________________________
            __________________________________________________________________________________________.
    2.      My lawyer’s name is ______________________________________________________________________.
    3.      (a) Do you wish to have a record made of these proceedings by a Court Reporter?      Yes     No
            (b) Do you wish to waive this right?                                                 Yes     No
    4.      Age:___________ Grade completed in school:______________________________________________
    5.      Can you read and understand this form? (If the answer above is no, Addendum A is to  Yes     No
            be completed and attached.)
    6.      Are you currently taking any medications or substances which affect your ability to  Yes     No
            understand these proceedings?
    7.      Have you been prescribed any medication that you should be taking, but you are not   Yes     No
            taking?
            If so, what kind and for what purpose? ____________________________________________________
            ___________________________________________________________________________________________.
    8.      Have you ever been treated by a doctor or health professional for mental illness or  Yes     No
            confined in a hospital for mental illness?
            If yes, list the doctor or health professional, place, and when occurred:
            ___________________________________________________________________________________
            ___________________________________________________________________________________
    9.      Counselor, do you have any reason to believe your client is not mentally competent   Yes     No
            to appreciate and understand the nature, purpose and consequences of these
            proceedings and to assist you in presenting any defense the client may have to the
            charge(s)?
    10.     Counselor, do you have any reason to believe that your client was not mentally       Yes     No
            competent to appreciate and understand the nature, purpose and consequences of their
            actions at the time they were committed, and out of which the charges(s) contained
            in the Information arose?
    11.     Do you understand the nature and consequences of this proceeding?                    Yes     No
    12.     Have you received a copy of the Information and read the allegations?                Yes     No
    13.     Does the State move to dismiss or amend any case(s) or count(s) in the Information   Yes     No
            or on Page 2 of the Information?  If so, set forth the cases/counts dismissed or
            amended: ____________________________
            ___________________________________________________________________________________
            ___________________________________________________________________________________
    14.     A. Do you understand you are now entering a plea to the following charges:
            Crime                                    Statutory Reference    Class Letter and
                                                                            Number
            (1) ____________________________________ _______O.S._______     ________________          Yes     No
            (2) ____________________________________ _______O.S._______     ________________          Yes     No
            (3) ____________________________________ _______O.S._______     ________________          Yes     No
            (4) ____________________________________ _______O.S._______     ________________          Yes     No
            (5) ____________________________________ _______O.S._______     ________________          Yes     No
            (6) ____________________________________ _______O.S._______     ________________          Yes     No
            For additional charges: List any additional charges on a separate sheet and label as
            PLEA OF GUILTY ADDENDUM B.
    15.     CHECK ALL APPLICABLE SECTIONS LISTED BELOW.
            (Note: the applicable sections will ONLY APPLY if the youthful offender is sentenced
            to or transferred (bridged) into the custody or supervision of the Department of
            Corrections):

            _____ (Check if applicable) Do you understand you are subject to the Delayed         Yes     No
            Sentencing Program for Young Adults and what that sentencing program involves?

            _____ (Check if applicable) Do you understand that a conviction on a plea of guilty  Yes    No
            to the offense(s) of
            ______________________________________________________________________ will subject
            you to mandatory compliance with the Oklahoma Sex Offender Registration Act?

            _____ (Check if applicable) Do you understand that any person sentenced to           Yes    No
            imprisonment for two (2) years or more for the offense(s) of
            ________________________________________________________, involving sexual abuse,
            sexual exploitation, or illegal sexual conduct, shall be required to serve a term of
            post-imprisonment supervision for at least three (3) years under conditions
            determined by the Court in addition to the actual term of imprisonment. There will
            be no post-imprisonment supervision for a sentence of life or life without the
            possibility of parole for offenses involving sexual abuse, sexual exploitation, or
            illegal sexual conduct.

            _____ (Check if applicable) Do you understand that a conviction on a plea of guilty  Yes    No
            to the offense(s) of __________________________________________________________will
            subject you to mandatory compliance with the Oklahoma Methamphetamine Offender
            Registry Act?

            _____ (Check if applicable) Do you understand that a conviction on a plea of guilty  Yes    No
            to the offense of _________________________________________________________________
            will subject you to mandatory compliance with the Mary Rippy Violent Crime Offenders
            Registration Act?

    16.     Applicable to Sentencing Modernization Act Class C/D crimes, with exceptions:
            Do you understand that you will be required to serve a minimum percent of the        Yes    No
            sentence imposed before release from custody, including release to electronic
            monitoring pursuant to the Sentencing Modernization Act in the following Count(s):
            ___________________________________________________________________________________

            ___________________________________________________________________________________

            Applicable to 21 O.S. § 13.1 crimes:
            Do you understand that you will be required to serve a minimum of 85% of the         Yes    No
            sentence of imprisonment imposed before being eligible for parole consideration and
            are not eligible for earned or other type of credits which will have the effect of
            reducing the length of sentence to less than 85% of the sentence imposed in the
            following Count(s): ______________________________________________________________

            __________________________________________________________________________________?

            Applicable to statute specific percent requirement crimes not covered above:
            Do you understand that you will be required to serve a minimum of ______% of the     Yes    No
            sentence of imprisonment imposed or received prior to becoming eligible for state
            correctional earned credits toward completion of your sentence or eligibility for
            parole in the following Count(s):
            __________________________________________________________________________________

            __________________________________________________________________________________?

    17.     Do you understand that if you are sentenced or transferred (bridged) into the        Yes     No
            custody or supervision of the Department of Corrections and become a convicted felon
            that this could enhance punishment in any future crime committed by you?

    18.     Do you understand that being sentenced or transferred (bridged) into the custody or  Yes     No
            supervision or the Department of Corrections could affect other of your personal
            rights including: your right to vote, your ability to obtain a driver's license,
            your ability to obtain certain professional licenses required by the State, your
            ability to secure student loans to attend college   and your ability to obtain U.S.
            citizenship if you are not already a citizen?

    19.     Do you understand it is unlawful for you to have in your possession or under your    Yes     No
            immediate control, or have in any vehicle you are driving, or at your residence, any
            pistol, imitation or homemade pistol, altered air or toy pistol, machine gun,
            sawed-off shotgun or rifle, or any other dangerous or deadly firearm within ten (10)
            years after your adjudication? Okla. Stat. tit. 21 § 1283(D).

    20.     Do you understand that upon your release from any facility where you were placed by  Yes     No
            the Office of Juvenile Affairs, you will be subject to supervised community
            placement rules?

    21.     Do you understand your plea to the charge(s) may carry a risk of adverse immigration Yes     No
            consequences if you are a non-citizen?

    22.     Do you understand the range of punishment for the crime(s) is/are: (List in same
            order as in No. 14) [Mark percentage as N/A if not applicable.]

            (1) Minimum of __________ to a maximum of ______________ at ______ % and/or a fine of Yes     No
                $_________
            (2) Minimum of __________ to a maximum of ______________ at ______ % and/or a fine of Yes     No
                $_________
            (3) Minimum of __________ to a maximum of ______________ at ______ % and/or a fine of Yes     No
                $_________
            (4) Minimum of __________ to a maximum of ______________ at ______ % and/or a fine of Yes     No
                $_________
            (5) Minimum of __________ to a maximum of ______________ at ______ % and/or a fine of Yes     No
                $_________
            (6) Minimum of __________ to a maximum of ______________ at ______ % and/or a fine of Yes     No
                $_________
            For additional charges: List any additional punishments on a separate sheet, with
            additional crimes and labeled as PLEA OF GUILTY ADDENDUM B.

    23.     Read the following statements: You have the right to a speedy trial before a jury
            for the determination of whether you are guilty or not guilty and if you request, to
            determine sentence. [If pleading to capital murder, advise of procedure in 21 O.S. §
            701.10(B)].  At the trial:
            (1) You have the right to have a lawyer represent you, either one you hire yourself or
                if you are indigent a court appointed attorney.
            (2) You are presumed to be innocent of the charges.
            (3) You may remain silent or, if you choose, you may testify on your own behalf.
            (4) You have the right to see and hear all witnesses called to testify against you and
                the right to cross-examine them.
            (5) You may have your witnesses ordered to appear in court to testify and present
                evidence of any defense you have to these charges.
            (6) The state is required to prove your guilt beyond a reasonable doubt.
            (7) The verdict of guilty or not guilty decided by a jury must be unanimous.
                However, you can waive a jury trial and, if all parties agree, the case could be
                tried by a Judge alone who would decide if you were guilty or not guilty and if
                guilty, the appropriate punishment.

    24.     Do you understand each of these rights?                                              Yes     No
    25.     Do you understand by entering a plea of guilty you give up these rights?             Yes     No
    26.     Do you understand that if you are sentenced or transferred (bridged) to the          Yes     No
            Department of Corrections that the range of punishment in any future case committed
            by you could be increased?
    27.     Have you talked over the charge(s) with your lawyer, advised him/her regarding any   Yes     No
            defense you may have to the charges and had his/her advice?
    28.     Do you believe your lawyer has effectively assisted you in this case and are you     Yes     No
            satisfied with his/her advice?
    29.     Do you wish to change your plea of not guilty to guilty and give up your right to a  Yes     No
            jury trial and all other previously explained constitutional rights?
    30.     Is there a plea agreement?                                                           Yes     No
            What is your understanding of the plea agreement? _________________________________

            ___________________________________________________________________________________

            ___________________________________________________________________________________

    31.     Do you understand the Court is not bound by any agreement or recommendation and if   Yes     No
            the Court does not accept the plea agreement, you have the right to withdraw your
            plea of guilty?
    32.     Do you understand that if there is no plea agreement the Court can sentence you      Yes     No
            within the range of punishment stated in Question 22?
    33.     What (is)/(are) your plea(s) to the charge(s) (and to each one of them)? __________

            ___________________________________________________________________________________

    34.     Did you commit the acts as charged in the Information?                               Yes     No
    35.     State the factual basis for your plea(s) (attach additional pages as needed, labeled
            as ADDENDUM C):

            ___________________________________________________________________________________

            ___________________________________________________________________________________

            ___________________________________________________________________________________

    36.     Have you been forced, abused, mistreated, or promised anything by anyone to have you Yes     No
            enter your plea(s)?
    37.     Do you plead guilty of your own free will and without any coercion or compulsion of  Yes     No
            any kind?
    38.     Do you have any additional statements to make to the Court?                          Yes     No
    39.     Is there any legal reason you should not be adjudicated as a Youthful Offender now?  Yes     No

    I acknowledge, by my signature below, that my attorney and I have specifically reviewed the terms and
    conditions contained in Question No. 30, and that I understand the terms of the plea agreement into
    which the Court, the State and I are entering today. In addition, I understand the possible
    consequences if I am transferred (bridged) into the custody or supervision of the Department of
    Corrections based upon a finding being made by the Court by clear and convincing evidence that I
    committed one of more of the acts defined in Okla. Stat. tit. l0A § 2-5-210A(A)(2)(a-g).


                                                                       ___________________________________
                                                                       DEFENDANT

    HAVING BEEN SWORN, I, the Defendant whose signature appears below, make the following statements under oath:
    (1)     CHECK ONE
            ______(a)      I have read, understand and completed this form.
            ______(b)      My attorney completed this form and we have gone over the form and I understand
                           its contents AND I agree with the answers.
            ______(c)      The Court provided an interpreter or someone to read the form to me and I understand
                           its contents and agree with the answers. See Addendum “A”.
            ______(d)      The Court completed this form for me and inserted my answers to the questions.
    (2)     The answers are true and correct.
    (3)     I understand that I may be prosecuted for perjury if I have made false statements to this
            Court.

                                                                       ___________________________________
                                                                       DEFENDANT

    Acknowledged this ______ day of ___________________, 20_______.

                                                                       ____________________________________
                                                                       Notary Public/Deputy Court Clerk/Judge

    40.     I, the undersigned attorney for the Defendant, believe the Defendant understands the nature,
            purpose and consequence of this proceeding. (S)He is able to assist me in formulating any
            defense to the charge(s). I am satisfied that the Defendant’s waivers and plea(s) of guilty
            are voluntarily given and he/she has been informed of all legal and constitutional rights.

                                                                       ____________________________________
                                                                       ATTORNEY FOR DEFENDANT

    41.     The sentence recommendation in Question 30 is correctly stated.
    42.     Offer of Proof (Nolo contendere plea): ______________________________________________________

            _____________________________________________________________________________________________

            _____________________________________________________________________________________________

            
                                                                       ____________________________________
                                                                       ASSISTANT DISTRICT ATTORNEY



    THE COURT FINDS AS FOLLOWS:
    43.     The Defendant was sworn and responded to questions under oath.
            The Defendant understands the nature, purpose and consequence of this proceeding.
            The Defendant’s plea(s) of ________________________ is/are knowingly and voluntarily entered
            and accepted by the Court.
            The Defendant is competent for the purpose of this hearing.
            A factual basis exists for the plea(s).
            The Defendant is guilty as charged.
            The Defendant is committed as a youthful offender to the:
            _____ Custody    _____ Supervision
            of the Office of Juvenile Affairs for ______________ Years/Months.
            The Office of Juvenile Affairs written rehabilitation plan shall be prepared and filed with
            the Court and provided to the attorneys for the Defendant and the State, within thirty (30)
            days of receiving notification of this placement.
            The Defendant is ordered to pay instanter:
            Court Costs in the amount of $_____________________.
            VCA in the amount of $___________________.

    THIS CASE IS SET FOR HEARING BEFORE JUDGE ___________________ ON THE _______ DAY OF
    ____________________, 20_____ at _______________.M. FOR A REVIEW OF THE PLACEMENT OF THE 
    YOUTHFUL OFFENDER AND THE ADOPTION OF THE WRITTEN REHABILITATION PLAN.

    BY OUR SIGNATURES BELOW, WE STATE THAT WE HAVE READ THE YOUTHFUL OFFENDER PLEA OF 
    GUILTY - SUMMARY OF FACTS AND UNDERSTAND THE CONTENT AND ACKNOWLEDGE THAT IT IS TRUE 
    AND CORRECT.

    ___________________________________________        ________________________________________________
    DEFENDANT (PRINTED)                                DEFENDANT (SIGNATURE)

    ___________________________________________        ________________________________________________
    ATTORNEY FOR THE DEFENDANT (PRINTED)               ATTORNEY FOR THE DEFENDANT (SIGNATURE)

    ___________________________________________        ________________________________________________
    ATTORNEY FOR THE STATE (PRINTED)                   ATTORNEY FOR THE STATE (SIGNATURE)

    DONE IN OPEN COURT this ______ day of _______________________, 20_____.

    ___________________________________________        ________________________________________________
    COURT REPORTER PRESENT                             JUDGE OF THE DISTRICT COURT

    ___________________________________________        ________________________________________________
    DEPUTY COURT CLERK                                 NAME OF JUDGE TYPED OR PRINTED

    BASED ON THE ABOVE PLEA AGREEMENT ADJUDICATING THE DEFENDANT AS A YOUTHFUL
    OFFENDER, THE YOUTHFUL OFFENDER IS NOTIFIED AS FOLLOWS:

    A. The defendant has been adjudicated as a youthful offender and upon his or her successful completion of the 
       rehabilitation plan this case shall be dismissed, and the defendant may apply for expungement pursuant to the 
       provisions of Okla. Stat. tit. l0A § 2-5-210A(D)(1-6);

    B. In addition, the youthful offender understands that he/she may be transferred (bridged) to the Department of 
       Corrections if the Court finds by clear and convincing evidence that the youthful offender has committed one of
       more of the following acts defined in Okla. Stat. tit. l0A § 2-5-210A(A)(2):

        (a) failed to make substantial progress towards completing the treatment plan which the youthful offender 
            is expected to have achieved,

        (b) established a pattern of disruptive behavior which is not conducive to the established policies and 
            procedures of the program or facility or engaged in other types of behavior which has endangered the 
            life or health of other residents or staff of the facility,

        (c) caused disruption in the facility, smuggled contraband into the facility, or participated or assisted others 
            in smuggling contraband into the facility,

        (d) committed battery or assault and battery on an OJA employee or contractor of a juvenile facility,

        (e) committed battery, assault and battery, or endangered the life or health of another person,

        (f) committed a felony while in the custody or supervision of OJA as demonstrated by:
            
            (1) the entry of a plea of guilty or nolo contendere,
            
            (2) an adjudication, or a judgment and sentence following a verdict of guilty, or
            
            (3) clear and convincing evidence, or
        
        (g) left a facility in which the youthful offender was being held without permission.




                                                 NOTICE OF RIGHT TO APPEAL
    To appeal from this plea of guilty and adjudication as a youthful offender you must file in the District Court 
    Clerk's Office a written Application to Withdraw your Plea of Guilty as a Youthful Offender within ten (10) 
    days from today's date. You must set forth in detail why you are requesting to withdraw your plea. The trial 
    court must hold a hearing and rule upon your Application within thirty (30) days from the date it is filed. 
    If the trial court denies your Application, you have the right to ask the Oklahoma Court of Criminal Appeals 
    to review the District Court's denial by filing a Petition for Writ of Certiorari within ninety (90) days 
    from the date of the denial. Within ten (10) days from the date the Application to Withdraw Plea of Guilty 
    is denied, Notice of Intent to Appeal and Designation of Record must be filed pursuant to Oklahoma Court 
    of Criminal Appeals Rule 4.2(D). If you are indigent, you have the right to be represented on appeal by a 
    court appointed attorney.

    Do you understand each of these rights to appeal?                            Yes    No
    Have you fully understood the questions that have been asked?                Yes    No
    Have your answers been freely and voluntarily given?                         Yes    No

    I ACKNOWLEDGE UNDERSTANDING OF MY RIGHTS AND THE YOUTHFUL OFFENDER ADJUDICATION AND SENTENCE IMPOSED.

                                                                       ___________________________________________
                                                                       DEFENDANT

    I, THE UNDERSIGNED ATTORNEY, HAVE ADVISED THE DEFENDANT REGARDING HIS/HER APPELLATE RIGHTS AS A YOUTHFUL OFFENDER.

                                                                       ___________________________________________
                                                                       ATTORNEY FOR THE DEFENDANT

    DONE IN OPEN COURT ON THIS ______ DAY OF ________________20 _____.


    _____________________________________________                      ___________________________________________
    Court Reporter Present                                             JUDGE OF THE DISTRICT COURT

    ______________________________________________                     ____________________________________________
    Deputy Court Clerk                                                 NAME OF JUDGE TYPED OR PRINTED


                                 YOUTHFUL OFFENDER PLEA OF GUILTY—SUMMARY OF FACTS
                                                  ADDENDUM “A”

                                         CERTIFICATE OF DEFENSE COUNSEL

    As the attorney for the defendant, _____________________________________, I certify that:
    1. The Defendant has stated to me that he/she is (able/unable) to read and understand the attached form, and I have: 
       (check appropriate option)

       ____ determined the Defendant is able to understand the English language.

       ____ determined the Defendant is unable to understand the English language and obtained 
       _______________________ to interpret.

    2. I have read and fully explained to the Defendant the allegations contained in the Information in this case.

    3. I have read and fully explained to the Defendant all the questions in the Youthful Offender Plea of 
       Guilty—Summary of Facts and the answers to the questions set out in the Summary of Facts are the Defendant's 
       answers.

    4. To the best of my knowledge and belief the statements and declaration made by the Defendant are accurate 
       and true and have been freely and voluntarily made.

    Dated this _____ day of ____________________, 20_____.

    
                                                                       ____________________________________
                                                                       ATTORNEY FOR THE DEFENDANT

 


EXHIBIT D


                                 IN THE DISTRICT COURT OF _________________________ COUNTY
                                                 THE STATE OF OKLAHOMA

    THE STATE OF OKLAHOMA,             )
                                       )
            Plaintiff,                 )
                                       )
    vs.                                ) Case No.  CF/YO-20_____-______
                                       ) D.O.B.: _______________________________
    _______________________________,   ) SS# (last 4): _________________________
            Defendant.                 ) Year of birth: ______ Place of birth: _________

                                 JUDGMENT OF ADJUDICATION AS A YOUTHFUL OFFENDER

          NOW, ON THIS ____ DAY OF _______________, 20_____ this matter comes on for sentencing of 
    the Defendant as a youthful offender. The Youthful Offender, ____________________, appears personally, 
    and by and through his/her attorney of record, ______________________, and the State appears personally, 
    by and through, ____________________, Assistant District Attorney.

    The Defendant, appears before this court having been adjudicated as a youthful offender on the _____ day 
    of ________________, 20_____, following:
    [ ] the entry of a plea of guilty              [ ] the entry of a plea of Nolo Contendre
    [ ] having been adjudicated by a jury at trial   [ ] having been adjudicated by the court after waiving
                                                     their right to a jury trial
    [ ] other: ____________________________________________________________________ to the crime(s) of:

    Count    Crime                                Statutory Reference    Class/Number         Date of Offense
    _____    ___________________________________  ____ O.S. ______       ___________          ___________________

    _____    ___________________________________  ____ O.S. ______       ___________          ___________________

    _____    ___________________________________  ____ O.S. ______       ___________          ___________________

    _____    ___________________________________  ____ O.S. ______       ___________          ___________________

             (If necessary, attach an additional sheet for additional counts)

    and was sentenced as a youthful offender as follows:

    Count    Sentenced to a term of:
    _____    __________________________________________________________________________________________________

    _____    __________________________________________________________________________________________________

    _____    __________________________________________________________________________________________________

    _____    __________________________________________________________________________________________________

             (If necessary, attach an additional sheet for additional counts)

    The sentence(s) are to be served: [ ] concurrently   [ ] consecutive: _______________________________________________

    The Youthful Offender is ordered to pay fine(s), costs, fees, and restitution as follows:_______________________
    ________________________________________________________________________________________________________________

    The Youthful Offender is placed in the: [ ] Custody OR [ ] Supervision of:
    [ ] The Office of Juvenile Affairs or
    [ ] other: _________________________________________________________________________________________________

    [ ] The Office of Juvenile Affairs is ordered, pursuant to Okla. Stat. tit. 10A § 2-5-208A(E), to prepare and
        file a written rehabilitation plan within thirty (30) days of receiving notification of the placement of
        this youthful offender.
    [ ] other: ________________________________________________________________________________________________
    _________________________________________________________________________________________________________

    IT IS SO ORDERED, ON THIS _____ DAY OF ____________________, 20_____.


                                                                       ________________________________________________
                                                                       JUDGE OF THE DISTRICT COURT

 

 

 

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