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Absentee-Shawnee Tribe of Indians of Oklahoma

 

Absentee Shawnee Tribe of Indians of Oklahoma Tribal Code
Criminal Procedure
Chapter Eight. Certification as Child

Section 801. Persons 16 or 17 Years of Age to be Considered as Adult for Committing Certain Offenses

Any person sixteen (16) or seventeen (17) years of age who is charged with Assault in the First Degree, Mayhem, Kidnapping, Homicide in the First Degree or Rape in the First Degree, shall be considered as an adult. Upon the arrest and detention, such sixteen or seventeen-year-old accused shall have all the statutory and constitutional rights and protections of an adult accused of a crime, but shall be detained in a jail cell or ward entirely separate from prisoners who are eighteen (18) years of age or over.

Absentee Shawnee Criminal Procedure Code Section 801, AST CRIM PRO CODE Section 801



Section 802. Warrants or Summons

Upon the filing of a complaint against such accused person, a warrant or summons shall be issued which shall set forth the rights of the accused person, and the rights of the parents, guardian or next friend of the accused person to be present at the arraignment, to have representation as provided in Section 102 of the Tribe's Criminal Procedure Act and to make application for certification of such person as a child to the Juvenile Division of the Tribal District Court. The warrant or summons shall be personally served together with a certified copy of the complaint on the accused person and on the parents, guardian or next friend of the accused person.

Absentee Shawnee Criminal Procedure Code Section 802, AST CRIM PRO CODE Section 802



Section 803. Certification Hearing

(a) The accused person shall file a motion for certification as a child within ten (10) days of the arraignment. Upon the filing of such a motion, the complete juvenile record of the accused shall be made available to the Attorney General.

(b) Within ten (10) days of the filing of such a motion, the Court shall hear evidence regarding certification of the accused person as a child.

(c) When ruling on the certification motion of the accused person, the Court shall give consideration to the following guidelines, listed in order of importance:

(1) Whether the alleged offense was committed in an aggressive, violent, premeditated or willful manner;

(2) The record and past history of the accused person, including previous contacts with law enforcement agencies and juvenile or criminal courts, prior periods of probation and commitments to juvenile institutions; and

(3) The prospects for adequate protection of the public if the accused person is processed through the juvenile system.

(d) The Court, in its decision on the certification motion of the accused person, need not detail responses to each of the above considerations, but shall state that the Court has considered each of the guidelines in reaching its decision.

Absentee Shawnee Criminal Procedure Code Section 803, AST CRIM PRO CODE Section 803



Section 804. Certification as Child

Upon completion of the Certification Hearing, if the accused person is certified as a child to the Juvenile Division of the Tribal District Court, then all adult court records relative to the accused person and the instant charge shall be expunged and any mention of the accused person shall be removed from public record.

Absentee Shawnee Criminal Procedure Code Section 804, AST CRIM PRO CODE Section 804



Section 805. Final Order

An order certifying a person as a child or denying the request for certification as a child pursuant to this section shall be a final order, appealable when entered.

Absentee Shawnee Criminal Procedure Code Section 805, AST CRIM PRO CODE Section 805

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