McAlester News-Capital, McAlester, OK

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Youthful Offender Act — What Oklahoma law says

Youthful Offender Act — What Oklahoma law says
• Oklahoma’s Youthful Offender Act has provided a blended sentencing option from the criminal and juvenile court since 1998. Based upon age and offense criteria, youth offenders transferred to criminal court may file a motion for certification as a youthful offender.
• Upon conviction of a crime as a youthful offender, the court may impose a sentence not to exceed the amount possible for an adult criminal conviction or 10 years, whichever is less. A special review hearing is required prior to the youth reaching 18 years of age where the court has several options available, including discharging the case, modifying the juvenile disposition or transferring the youth to the custody of the Department of Corrections to serve the remainder of the Youthful Offender sentence.
• Juvenile offenders, ages 13 or 14, who are charged with murder in the first degree will be automatically treated as an adult, unless certified as a youth offender or juvenile pursuant to the Youthful Offender Act.
• The maximum term a child may be held in a jail or other facility before transfer is 24 hours, and the temporary detention time allowed for identification, processing or arranging transfer to a secure facility is 6 hours maximum.
• Juveniles may be held in preadjudicatory or predisposition detention for no more than 30 days, unless extended for an additional 60 days.
• A court may defer delinquency proceedings for 180 days for any youth that has not been previously adjudicated delinquent, is currently charged with a misdemeanor, submits a guilty plea, and if the youth and their parent or legal guardian agree to participate in a court-approved alternative program for first-time offenders.
• The educational needs of any child under 18 years of age must be identified within 72 hours of detention or arrest, regardless of whether the child is subject to adult prosecution, youthful offender proceedings or juvenile proceedings. Educational opportunities must be provided without delay in all facilities, including all jails, holding facilities and juvenile or correctional institutions.

SOURCE: Act 4 — Juvenile Justice; Fact Sheet: Oklahoma at www.act4jj.org/media/factsheets/factsheet_49.pdf.

January 17, 2012

McAlester youth charged as adult

By Rachel Petersen Staff Writer

McALESTER — A McAlester teenager is being charged as an adult in Pittsburg County District Court. On Jan. 5, Gabe Hunter Lusk, 15, was charged with attempted robbery by force or fear under the Youthful Offender Act, according to court records.

Lusk is accused of using a gun and attempting to rob a group of minors.

According to court records, Lusk had his initial court appearance on Jan. 5 and was released on his own recognizance. He was also ordered to wear an ankle monitor, court records indicate.

According to District 18 Assistant District Attorney Wesley Cherry, Lusk is being charged as an adult because his alleged crime is a violent crime. “Legislature has different vehicles for sub classes of defendants,” Cherry said. Lusk is a juvenile offender being charged as an adult under the “Youthful Offender Act.”

“He is being charged as an adult, but the process will be somewhat different. For example, the form of information is different,” Cherry said. Lusk is being charged this way because his crime falls under a “certain subset of crimes, specifically, violent crimes,” Cherry said.

If convicted, Lusk faces imprisonment of not less than five years, according to court records. As of presstime today, the News-Capital could not find contact information for Lusk or his parents for comment.



Contact Rachel Petersen at rpetersen@mcalesternews.com.

For more on this story, see the print or electronic editions of the McAlester News-Capital. Click here for print edition home delivery or click here to see the Smart Edition for your computer, tablet, e-reader or smart phone.

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