Arizona Laws 41-2804. Duties and powers of director
A. The director shall:
Terms Used In Arizona Laws 41-2804
- Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
- Arrest: Taking physical custody of a person by lawful authority.
- Contract: A legal written agreement that becomes binding when signed.
- Department: means the department of juvenile corrections. See Arizona Laws 41-2801
- Director: means the director of the department of juvenile corrections. See Arizona Laws 41-2801
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Peace officers: means sheriffs of counties, constables, marshals, policemen of cities and towns, commissioned personnel of the department of public safety, personnel who are employed by the state department of corrections and the department of juvenile corrections and who have received a certificate from the Arizona peace officer standards and training board, peace officers who are appointed by a multicounty water conservation district and who have received a certificate from the Arizona peace officer standards and training board, police officers who are appointed by community college district governing boards and who have received a certificate from the Arizona peace officer standards and training board, police officers who are appointed by the Arizona board of regents and who have received a certificate from the Arizona peace officer standards and training board, police officers who are appointed by the governing body of a public airport pursuant to section 28-8426 and who have received a certificate from the Arizona peace officer standards and training board, peace officers who are appointed by a private postsecondary institution pursuant to section 15-1897 and who have received a certificate from the Arizona peace officer standards and training board and special agents from the office of the attorney general, or of a county attorney, and who have received a certificate from the Arizona peace officer standards and training board. See Arizona Laws 1-215
- Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
- Property: includes both real and personal property. See Arizona Laws 1-215
- Secure care: means confinement in a facility that is completely surrounded by a locked and physically secure barrier with restricted ingress and egress. See Arizona Laws 41-2801
- youth: means a person who has been committed according to law to the department of juvenile corrections for supervision, rehabilitation, treatment and education and who is either:
(a) At least fourteen years of age and under eighteen years of age. See Arizona Laws 41-2801
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. Subject to chapter 4, article 4 of this title, employ deputy directors and other key personnel based on qualifications prescribed by the director that 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) Subject to chapter 4, article 4 of this title, transfer employees between the various divisions and units of the department.
(c) Shift duties between divisions or units.
(d) Delegate authority to appoint, hire, terminate and discipline all personnel of the department, including specialists and consultants subject to chapter 4, article 4 and, as applicable, article 5 of this title.
(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) Subject to chapter 4, article 4 and, as applicable, article 5 of this title, 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.
6. Accept and spend private grants of monies to effectuate the purposes of section 41-2827.
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.