41-1604

41-1604. Duties and powers of director

A. The director shall:

1. Be responsible for the overall operations and policies of the department.

2. Maintain and administer all institutions and programs within the department,
including prisons, reception and diagnostic centers, conservation camps, community
correctional centers and such other facilities and programs as may be required and
established for the custody, control, correction, treatment and rehabilitation of all
adult offenders who are committed to the department.

3. Be responsible for the administration and execution of all community supervision
services, including those for adult offenders who are released in accordance with law.

4. Develop a program to provide uniform statewide community supervision field
services in this state and employ parole or community supervision officers based on
qualifications prescribed by the director, including physical, psychological and
educational qualifications and practical experience.

5. Be responsible for the development of policies and programs that shall be
recommended to the governor and the legislature for the purpose of improving the various
adult correctional programs of this state.

6. Develop and establish a uniform statewide method of reporting statistics as
related to this chapter.

7. Employ deputy directors and other key personnel based on qualifications
prescribed by the director that require education and practical experience.

8. Adopt rules pursuant to chapter 6 of this title for the development of
incentives to encourage good behavior and the faithful performance of work by prisoners.

9. Adopt rules pursuant to chapter 6 of this title to limit inmate access to the
internet through the use of a computer, computer system, network, computer service
provider or remote computing service.

10. Cooperate with the Arizona-Mexico commission in the governor's office and with
researchers at universities in this state to collect data and conduct projects in the
United States and Mexico on issues that are within the scope of the department's duties
and that relate to quality of life, trade and economic development in this state in a
manner that will help the Arizona-Mexico commission to assess and enhance the economic
competitiveness of this state and of the Arizona-Mexico region.

B. The director may:

1. Adopt rules to implement the purposes of the department and the duties and
powers of the director.

2. Take any administrative action to improve the efficiency of the department,
including the following:

(a) Create new divisions or units or consolidate divisions or units.

(b) Transfer employees between the various divisions and units of the department.

(d) Delegate to appropriate personnel the administrative functions, powers or
duties that the director believes can be competently, efficiently and properly
performed. The director shall not delegate the responsibilities in subsection A,
paragraphs 1 and 5 of this section.

(e) Transfer adult inmates between adult institutions or adult facilities.

(f) Authorize work crews to perform acceptable tasks in any part of the state.

(g) Accept unconvicted persons pursuant to a court order for purposes of
examination and treatment regarding competency to understand any stage of a criminal
proceeding after indictment or information or their ability to assist in their own
defense.

(h) Accept convicted yet unsentenced persons pursuant to a court order for purposes
of conducting a mental health examination or a diagnostic evaluation.

(i) Appoint certain employees of the department to peace officer status for
purposes of guarding, transporting or pursuing persons who are under the jurisdiction of
the department and appoint certain employees of the department to peace officer status
for purposes of investigating or arresting persons who commit or attempt to commit
offenses directly relating to the operations of the department. Peace officers of the
department shall not preempt the authority and jurisdiction of established agencies of
this state and political subdivisions of this state. Such officers shall notify agencies
of this state and political subdivisions of this state before conducting an investigation
within the jurisdiction of the agency and before making an arrest within the jurisdiction
of the agency and shall ask, except in an emergency, if the agency wishes to participate,
perform the investigation or arrest the person to be arrested before proceeding.
Personnel who are appointed as peace officers by the director shall have the minimum
qualifications established for peace officers pursuant to section 41-1822. Personnel who
are appointed by the director pursuant to this subdivision are not eligible to
participate in the public safety personnel retirement system except as otherwise provided
in title 38, chapter 5, article 4.

(j) Operate travel reduction programs that are subsidized by the department for
employees who commute between work and home by vanpools, carpools and buses or in
vehicles that are purchased or leased by the department.