353C-2 Director of public safety; powers and duties. [(a)] The director of public safety shall administer the public safety programs of the department of public safety and shall be responsible for the formulation and implementation of state goals and objectives for correctional and law enforcement programs, including ensuring that correctional facilities and correctional services meet the present and future needs of persons committed to the correctional facilities. In the administration of these programs, the director may:

(1) Preserve the public peace, prevent crime, detect and arrest offenders against the law, protect the rights of persons and property, and enforce and prevent violation of all laws and administrative rules of the State as the director deems to be necessary or desirable or upon request, to assist other state officers or agencies that have primary administrative responsibility over specific subject matters or programs;

(2) Train, equip, maintain, and supervise the force of public safety officers, including law enforcement and correctional personnel, and other employees of the department;

(3) Serve process both in civil and criminal proceedings;

(4) Perform other duties as may be required by law;

(5) Adopt, pursuant to chapter 91, rules that are necessary or desirable for the administration of public safety programs; and

(6) Enter into contracts in behalf of the department and take all actions deemed necessary and appropriate for the proper and efficient administration of the department.

[(b)] The department of public safety shall report to the legislature not later than twenty days prior to the commencement of the 2008 regular session, and every session thereafter, with its achievements, continuing improvements, and ongoing problems in providing the appropriate mental health care to committed persons under its jurisdiction. [L 1989, c 211, pt of 6; am L 1991, c 151, 3; am L 2007, c 144, 4]


Revision Note


L 2007, c 144, 4 was codified to this section pursuant to 23G-15.


Attorney General Opinions


Full-time investigators of the department of public safety's narcotics enforcement division qualify as law enforcement officers for purposes of excluding personal use value of state vehicle from investigator's gross income. Att. Gen. Op. 91-3.



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