41-2804

41-2804. 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 secure care facilities and programs within the
department required and established for the custody, control, treatment, education and
rehabilitation of all youths committed to the department.

3. Be responsible for the administration and execution of all conditional liberty
services for youths released pursuant to rules adopted by the director in accordance with
law.

4. Be responsible for the development of policies and programs which shall be
recommended to the governor and the legislature for the purpose of improving the youth
rehabilitative and treatment programs of this state.

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

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

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 authority to appoint, hire, terminate and discipline all personnel of
the department, including specialists and consultants.

(e) Transfer committed youths between secure care facilities.

(f) Transfer youths who have been committed to the department or to any facility
under its jurisdiction between the various secure care facilities for youths, foster
homes and public and private agencies on notification to the committing court.

(g) Appoint certain employees of the department to peace officer status for
purposes of guarding, transporting or pursuing persons 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.

3. Contract with other agencies or institutions in furtherance of any department
program.

4. Authorize the temporary escort of a youth for compassionate leave or for the
purposes of treatment, education or rehabilitation. The director shall consider the
public safety and any other relevant factors before approving the temporary escort of a
youth. Department staff shall escort and maintain custody of a youth authorized for
temporary escort.

5. Adopt guidelines to dispose of property that is no longer needed or necessary
for use in a department educational, vocational, treatment, training or work program.
The disposition of property is exempt from chapter 23, article 8 of this title. Any
monies derived from the disposition of the property shall be deposited, pursuant to
sections 35-146 and 35-147, in the department of juvenile corrections career technical
education fund established by section 41-2828.

6. Accept and spend private grants of monies to effectuate the purposes of section
41-2827. Monies collected pursuant to this paragraph shall be deposited and administered
pursuant to section 41-2828.

C. 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 appointed as peace officers by the
director shall have the minimum qualifications established for peace officers pursuant to
section 41-1822. Personnel appointed by the director pursuant to subsection B,
paragraph 2, subdivision (g) of this section are not eligible to participate in the
public safety personnel retirement system except as otherwise provided in title 38,
chapter 5, article 4.