§405.  Deputy secretaries for public safety services, corrections services, and youth services

A.(1)  There shall be a deputy secretary for public safety services and a deputy secretary for corrections services.  Each shall be appointed by the secretary and serve at the pleasure of the secretary at a salary fixed by the secretary, which salary shall not exceed the amount approved for such position by the legislature while in session.  Each appointment by the secretary shall be submitted to the Senate for confirmation.  The duties and functions of the deputy secretaries provided for in this Subsection shall be determined and assigned by the secretary, except that:

(a)  The office of state police shall be under the immediate supervision and direction of the deputy secretary for public safety services.

(b)  Public safety services, including the office of state police, the office of legal affairs, the office of motor vehicles, the office of state fire marshal, code enforcement and building safety, the office of the Louisiana oil spill coordinator, and their assistant secretaries, shall be under the supervision and direction of the deputy secretary for public safety services.  The deputy secretary for public safety services shall be an ex officio member of each board and commission in the Department of Public Safety and Corrections which is related to the functions of public safety services.  However, the deputy secretary may appoint a designee to be his representative as an ex officio member of each board and commission which is related to the functions of public safety services.

(c)  Corrections services shall be under the supervision and direction of the deputy secretary for corrections services.

(2)  The deputy secretary for public safety services shall be selected from the ranks of sworn, commissioned state police officers who have graduated from the state police training academy.  The deputy secretary for public safety services shall serve as acting secretary in the absence of the secretary over all functions of the department except corrections services and youth services.  The deputy secretary for public safety services shall employ, appoint, remove, assign, and promote such personnel as is necessary for the efficient administration of public safety services and for the performance of the powers, duties, functions, and responsibilities of public safety services, including any agencies transferred to the department which are related to the functions of public safety services, except as otherwise provided by this Title.  The deputy secretary for public safety services shall be solely responsible for employment, assignment, and removal of all personnel employed for public safety services on a contractual basis.  The deputy secretary for public safety services shall be solely responsible for the transfer of all personnel within public safety services, and no personnel shall be transferred to or from public safety services to any other office of the department without his prior approval.

(3)  The deputy secretary for corrections services shall serve as acting secretary in the absence of the secretary for functions of the department relating to corrections services.

(4)  The deputy secretary for public safety services shall exercise the powers, rights, authority, and status provided by law for Louisiana state troopers.

B.  Each deputy secretary, except the deputy secretary for youth services, shall exercise all powers and authority granted to him in this Title subject to the overall direction and control of the secretary.

C.  In the event of an emergency in any correctional facility under the jurisdiction of corrections services which causes danger to life or property, and in connection with the imposition of the death penalty, the deputy secretary for corrections services may report directly to the governor.

D.(1)  There shall be a deputy secretary for youth services.  He shall be appointed by the governor and serve at the pleasure of the governor at a salary fixed by the governor, which salary shall not exceed the amount approved for such position by the legislature while in session.  The appointment of the deputy secretary for youth services shall be submitted to the Senate for confirmation.

(2)  The deputy secretary for youth services shall serve as the chief administrative officer of youth services and shall have responsibility for the overall administration, control, and operation of the affairs of youth services.  The deputy secretary for youth services shall exercise all powers and authority granted to him by law subject to the overall direction and control of the governor and he shall report directly to the governor.  The duties and functions of the deputy secretary for youth services shall be as provided by law and shall not be subject to change by the department secretary.

(3)  Youth services, including the office of juvenile justice and its assistant secretary and the office of management and finance for youth services and its undersecretary*, shall be under the supervision and direction of the deputy secretary for youth services.

(4)  The deputy secretary for youth services shall be an ex officio member of each board and commission in the Department of Public Safety and Corrections which is related to the functions of youth services.  However, the deputy secretary may appoint a designee to be his representative as an ex officio member of each board and commission which is related to the functions of youth services.

(5)  The deputy secretary for youth services shall serve as acting secretary in the absence of the secretary over all functions of the department related to youth services.

(6)  The deputy secretary for youth services shall employ, appoint, remove, assign, and promote such personnel as is necessary for the efficient administration of youth services and for the performance of the powers, duties, functions, and responsibilities of youth services, including the office of juvenile justice and any agencies transferred to the department which are related to the functions of youth services, except as otherwise provided by this Title. The deputy secretary for youth services shall be solely responsible for employment, assignment, and removal of all personnel employed for youth services on a contractual basis.  The deputy secretary for youth services shall be solely responsible for the transfer of all personnel within youth services, and no personnel shall be transferred to or from youth services to any other office of the department without his prior approval.

Acts 1976, No. 513, §1; Acts 1977, No. 83, §1, eff. June 22, 1977; Acts 1983, No. 97, §4, eff. Feb. 1, 1984; Acts 1984, No. 326, §1, eff. July 2, 1984; Acts 1985, No. 335, §1, eff. July 9, 1985; Acts 1990, No. 2, §2, eff. July 1, 1990; Acts 1992, No. 297, §3; Acts 1995, No. 1188, §3, eff. June 29, 1995; Acts 1997, No. 1187, §1; Acts 1999, No. 174, §1; Acts 1999, No. 1120, §1; Acts 2004, No. 7, §1, eff. May 5, 2004, except see note re §7(B) below; Acts 2008, No. 565, §5; Acts 2009, No. 409, §3, eff. July 1, 2009.

NOTE:  See Acts 1990, No. 2, §§5-11.

NOTE:  See Acts 1995, No. 1188, §6.

*NOTE:  Acts 2004, No. 7, §7(B) provides that provisions of the Act relative to the office of management and finance for youth services and relative to the office of management and finance for corrections services shall become effective on the effective date of the creation of the office of management and finance for youth services as provided in the approved transition plan as provided in Section 5 of the Act.  References in R.S. 36:405(D)(3) to the office of management and finance for youth services and to the undersecretary for youth services would be subject to this provision.

NOTE:  See Acts 2004, No. 7, §§5 and 6, relative to implementation.