Certification study - Guidelines. A. 1. When the attorney for the accused person determines there is good cause to believe the accused should have been charged as a delinquent and not as youthful offender, the attorney for the accused shall file a motion for certification as a juvenile. The motion for certification as a juvenile shall be filed prior to the start of the preliminary hearing. No motion for certification as a juvenile may be filed after the preliminary hearing has begun. 2. If a motion for certification as a juvenile has been filed, the court shall order a certification study to be conducted, unless waived by the accused with the approval of the court. Any such certification study shall be completed by the Office of Juvenile Affairs. Upon ordering the certification study, the court shall determine if the parent, guardian, next friend, or other person legally obligated to care for and support the child has the ability to pay costs for the study and if so, the court may order payment of such costs to the Office of Juvenile Affairs in an amount not to exceed One Thousand Dollars ($1,000.00). The court shall set a reasonable date for the payment of the fee due to the Office of Juvenile Affairs for the completion of the certification study. In hardship cases, the court may establish a payment schedule. B. When ruling on a motion for certification as a juvenile, the court shall consider the following guidelines with greatest weight to be given to paragraphs 1, 2, and 3: 1. Whether the alleged offense was committed in an aggressive, violent, premeditated, or willful manner, and the accused person's level of involvement in the offense; 2. Whether the offense was against persons and if personal injury resulted, the degree of personal injury, and the statement or statements of the victim or victims; 3. 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; 4. The sophistication, age, and maturity of the person and the capability of distinguishing right from wrong as determined by consideration of the person's psychological evaluation, home, environmental situation, emotional attitude, and pattern of living; 5. The prospects for adequate protection of the public if the accused is processed through the juvenile justice system as either a delinquent or youthful offender; 6. The reasonable likelihood of rehabilitation if the accused is found to have committed the offense, by the use of programs and facilities currently available to the court through the juvenile justice system; and 7. Whether the offense occurred while the accused was escaping or on escape status from a facility or placement for youthful offenders or delinquent children. C. The court, in its decision on a motion for certification as a juvenile, shall issue a written order and prepare detailed findings of fact and conclusions of law as to each of the considerations in subsection B of this section, and shall state that the court has considered each of the guidelines in reaching its decision. D. The order granting or denying the motion for certification as a juvenile shall be a final order, appealable to the Court of Criminal Appeals when entered. E. An order certifying the accused person as a juvenile shall not be reviewable by the trial court.
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