I respectfully dissent. The state simply failed to prove convincingly that public safety is not served by retaining this proceeding in juvenile court.
As the majority correctly points out, a juvenile court may order a juvenile certified as an adult only if the court finds that the presumption of certification does not apply, and the prosecutor has shown by clear and convincing evidence that retaining the proceeding in the juvenile court does not serve the public safety. Minn.Stat. § 260.125, subd. 2(6)(ii) (1994)(emphasis added). In determining whether public safety is served, the juvenile court is to consider the six factors set out in Minn.Stat. § 260.125, subd. 2b(l)-(6). These include: 1) the seriousness of the alleged offense, 2) the culpability of the child, 3) the child’s prior delinquency, 4) the child’s programming history, including the child’s past willingness to participate in such programming, 5) the adequacy of the punishment or programming in the juvenile justice system, and 6) the dispositional options available for the child. Minn.Stat. § 260.125, subd. 2b(l)-(6).
Adult certification is not warranted every time a juvenile commits a serious crime. In Re Welfare of D.F.B., 433 N.W.2d 79, 81 (Minn.1988); See In Re Dahl, 278 N.W.2d 316, 320 (Minn.1979) (juvenile court petition charging 17 year old with first-degree murder not automatically subject to adult certification). The juvenile court may, after a certification hearing, designate the child as an Extended Jurisdiction Juvenile (EJJ), rather than certifying the juvenile to adult court. Minn.Stat. §§ 260.125, subd. 5, 260.126, subd. 1(1). Under the new EJJ prosecution, the juvenile is given both a juvenile disposition and an adult criminal sentence upon the finding of delinquency; then the adult criminal sentence is stayed on the condition that the child not violate the terms of the juvenile disposition or commit a new offense. Minn. Stat. § 260.126, subd. 4(a)(1), (2). The jurisdiction of the juvenile court is extended past the juvenile’s nineteenth birthday until the child turns twenty-one. Minn.Stat. § 260.181, subd. 4(b). This law, the EJJ certification process, was passed specifically to benefit juveniles like appellant.
Appellant is too young for a presumptive certification. Thus, the burden was on the state to prove by clear and convincing evidence that the public safety is not served by retaining the proceedings in juvenile court. Minn.Stat. § 260.125, subd. 2(6)(ii). The state presented little credible evidence that EJJ treatment was inadequate to protect public safety.
Only Dakota County Probation Officer Ronald Cunningham testified that appellant should be certified as an adult. We note that Cunningham did not even address EJJ in the reference report he filed with the court. When questioned at the reference hearing why EJJ prosecution was inappropriate, *461Cunningham expressed his concern that if treatment did not work “by the age of nineteen,” or if appellant did not succeed in treatment, the court would have no further options available because of limited resources available for juveniles. His statement makes it clear that Cunningham did not understand the point of an EJJ prosecution or understand the law.
The purpose behind EJJ is to give the juvenile “one last chance at success in the juvenile system, with the threat of adult sanctions as an incentive not to reoffend.” Minnesota Supreme Court Advisory Task Force on the Juvenile Justice System, Final Report, p. 33 (1994). Realizing that meaningful treatment cannot always be accomplished within a short period of time, an EJJ prosecution allows a juvenile court to exercise jurisdiction over a juvenile for an extended period of time, so that meaningful treatment may be provided to the juvenile. Under EJJ, if it becomes clear that a juvenile is not cooperating with treatment, or if he or she reoffends, the court is then able to send the juvenile to prison by executing his stayed adult sentence. Minn.Stat. § 260.126, subd. 5. This necessarily accomplishes the twin goals of satisfying the public that juvenile offenders are handled appropriately and then handling them appropriately. In re 509 N.W.2d 920, 924 (Minn.App. 1993), review denied (Minn. Feb. 24, 1994) (Randall, J., concurring).
Here, the only two psychologists to evaluate appellant recommended that he be treated as an extended jurisdiction juvenile. Dr. James Alsdurf, the court appointed examiner, a licensed clinical psychologist, conducted a psychological evaluation of appellant and testified at the hearing. Dr. Alsdurf testified that appellant “was a rather limited young man,” with a full scale I.Q. of 77, indicating borderline intellectual functioning. He stated that because of appellant’s low I.Q., his capacity for learning is delayed and poor, and appellant has limits in problem solving, social judgment, and complex reasoning. Dr. Alsdurf also diagnosed appellant as having dysthymia (mild depression) and possessing schizoid and dependent personality traits. Although Dr. Alsdurf observed that appellant has some “bizarre ideation,” he ruled out any psychotic disturbance. According to Dr. Alsdurf, these diagnoses would not cause someone to engage in violent behavior. Dr. Alsdurf did testify that given appellant’s personality traits, he is not in a highly predictable successful category for treatment but then went on to testify that the new EJJ law was “made for kids like” appellant. He believed that public safety would be best served by treating appellant as an EJJ rather than certifying him as an adult. Dr. Alsdurf concluded that appellant would become more dangerous after spending time in an adult prison because then he would be susceptible to abuse, violation, and control by other inmates. Dr. Als-durf stated that a significant time in the adult system would create a “much more combustible, unpredictable person” than exists now. Dr. Alsdurf concluded that treatment rather than incarceration would better contribute to community safety.
Dr. Alsdurf testified further that appellant’s needs had never been addressed 'by the juvenile system in any complete fashion. Dr. Alsdurf characterized appellant’s programming history in the juvenile system as “rather limited” and St. Croix Camp as “quasi-treatment.” In Dr. Alsdurfs opinion, three juvenile treatment programs existed that would adequately address appellant’s needs. Dr. Alsdurf also testified that given the fact that the court would have jurisdiction over appellant for nearly six years under EJJ, at appellant’s age, EJJ would be viewed as “extremely punishing.”
Dr. Alsdurfs testimony and recommendations were supported by Dr. Owen Nelson, a licensed psychologist. Dr. Nelson reviewed the tests conducted by Dr. Alsdurf and administered two additional tests on appellant as well. It was also his recommendation that appellant be treated as an EJJ. Dr. Nelson described appellant as having borderline intellectual functioning with a particular weakness in analytical reasoning. He described appellant as exhibiting depressive symptoms, with an “incredibly low self-esteem.” According to Dr. Nelson, appellant has an *462“overwhelming dependency and ... the overwhelming need to have the open approval and ... affection of others.” In Dr. Nelson’s opinion, appellant needed treatment to help him develop self-esteem so that he could make his own decisions rather than attempting to please others.
Despite the nature of appellant’s crime, Dr. Nelson did not consider adult prison appropriate for appellant. Dr. Nelson agreed with Dr. Alsdurf that appellant would pose a greater risk to public safety in the future if he were sent to adult prison and not provided with treatment. Dr. Nelson testified that public safety would be “in great jeopardy” if appellant were not treated.
Thus, it is clear that the competent evidence against certifying appellant as an adult, as compared to the evidence for certification, was overwhelmingly in favor of EJJ status. Both experts, Dr. Alsdurf and Dr. Nelson, concluded that certifying appellant as an adult would do more to jeopardize public safety than it would do good. Instead of crediting this uncontradicted testimony of the only experts to testify, the juvenile court chose to credit the testimony of a probation officer whose knowledge and understanding of EJJ is questionable. I can only conclude that the juvenile court misinterpreted the background and driving force of EJJ and in doing so abused its discretion.
I also find the contention that appellant is unamenable to treatment without any support in the record. Both Dr. Alsdurf and Dr. Nelson concluded that appellant has never been provided nor offered adequate treatment within the juvenile system for his problems. How can it be argued that appellant is unamenable to treatment when he has not been provided meaningful treatment? If anything, the record indicates that appellant is amenable to treatment. While attending the Fresh Start program in the St. Paul schools, appellant did well. His attendance was perfect, he often arrived at school early to speak with the instructor, and although not required to do so, appellant went to school during the summer. His instructor stated that he responded readily to “adult nurturance and supervision.” Thus, in the one instance where appellant was placed into a program attuned, in part, to his needs, he responded in an overwhelmingly positive manner.
In addition, at appellant’s age the juvenile court would still have nearly seven years of jurisdiction remaining if he were designated an EJJ. During this time, the juvenile court could order appellant into one of several treatment programs, thus providing appellant with the opportunity to get real treatment for his problems. Dr. Alsdurf, Dr. Nelson, and Estelle Bouchard, a dispositional advisor with the First District Public Defender’s Office, all indicated that several treatment programs were available for appellant. The danger that treatment might not work, or that appellant might reoffend, is beside the point. EJJ carefully considers the possibility of recidivism and provides a common sense and reasonable guard. The juvenile court under EJJ retains the virtually fool-proof options of reimposing EJJ or executing the adult sentence. If appellant is unamenable to treatment, or if he reoffends, the court retains perfect control. It has the option of executing his adult sentence.
This is the precise point of an EJJ prosecution — to provide the juvenile with the chance to undergo meaningful treatment, while at the same time holding the threat of an adult sentence over the head of the juvenile in case he chooses not to cooperate with treatment or decides to commit another offense. It is a new option given to juvenile court judges, an option fashioned after an extensive statewide study and after a painstaking review by the Minnesota legislature. The decision in this case is as if EJJ never existed.
The record shows that the state has not clearly and convincingly established that public safety will be served by certifying appellant as an adult. The record shows that the uncontradicted testimony of the only expert witnesses to testify overwhelmingly indicates that adult certification would do more to jeopardize the public safety than designat*463ing appellant as an extended jurisdiction juvenile. The juvenile court erred in its application of the law and abused its discretion in evaluating the evidence in the record. I dissent and would have reversed the juvenile court. I find as a matter of law that appellant and public safety unequivocally are best served by extended juvenile jurisdiction.