2018 Louisiana Laws
Revised Statutes
TITLE 36 - Organization of the Executive Branch
RS 36:408 - Offices; purposes and functions

§408. Offices; purposes and functions

A. The purposes for which the offices of the Department of Public Safety and Corrections are created shall be as set forth in this Section.

B.(1) The office of state police shall perform the functions of the state related to the enforcement of the criminal and traffic laws of the state, and the maintenance of intelligence and investigative operations, all in accordance with applicable laws. It shall also provide a basic training curriculum in security work for all security personnel employed at the capitol complex, administrative state office buildings, and state hospitals and may provide, upon request, such training for security personnel in other state operated facilities, except for state colleges and universities. It shall be responsible only for such data processing related to the operations of the office as shall be absolutely required to be performed in such office by the nationally applicable standards of the National Crime Information Center and the Louisiana Bureau of Criminal Identification and Information.

(2) Repealed by Acts 1999, No. 1257, §6, eff. June 30, 1999.

(3) Repealed by Acts 2012, No. 811, §17, eff. July 1, 2012.

C. The office of motor vehicles shall perform the functions of the state relative to the examination and licensing of drivers of motor vehicles within the state, the suspension and revocation of such licenses, the approval of driver education programs, issuance of vehicle title and registration certificates, recordation of liens against motor vehicles, and the collection of appropriate fees and motor vehicle sales tax, all in accordance with applicable laws.

D.(1) The office of state fire marshal, code enforcement and building safety, shall perform generally the functions of the state relating to the protection of life and property from the hazards of fire and of panic which may arise from fire or from the threat of fire or explosion, including but not necessarily restricted to:

(a) Supervision and enforcement of safety standards and inspection.

(b) Arrest of individuals suspected of violations of criminal laws specified in R.S. 40:1563.1.

(c) Examination of the circumstances surrounding fires of suspicious origin, and maintenance of records and reports on fires in this state.

(d) Exclusive power to investigate and to make and prescribe rules and regulations for the proper construction, installation, repair, use, operation, and safety of boilers in the state, the city of New Orleans excepted, and to issue general or special orders for the enforcement of such rules and regulations as well as any provision of law affecting boilers. The rules and regulations so formulated shall conform as nearly as practicable to the boiler construction code of the American Society of Mechanical Engineers, all as specified in R.S. 23:531 through 542.

(e) Examination and certification of boiler inspector examiners.

(2) The office of the state fire marshal shall be responsible for the functions of the state relating to manufactured housing, subject to the provisions of R.S. 36:409(J).

E. The office of legal affairs shall be responsible, in accordance with applicable laws and under the direction of the deputy secretary, for providing legal consultation and representation to the other offices within public safety services. The assistant secretary for the office of legal affairs shall be an attorney licensed to practice law in the state of Louisiana who has at least five years experience in the active practice of law. The assistant secretary cannot act on behalf of the agency on any matters for which representation has been designated to another state agency.

F. Repealed by Acts 1990, No. 2, §4, eff. July 1, 1990.

G.(1) The office of adult services shall perform functions of the state relating to correctional institutions, work release programs, and the probation and parole programs for adults and children transferred to adult facilities of the department in accordance with the Children's Code, including functions relating to the operation and maintenance of the Louisiana Correctional Institute for Women, Louisiana State Penitentiary, Louisiana Correctional and Industrial School, Elayn Hunt Correctional Center, Dixon Correctional Institute, Work Training Facility North, Washington Correctional Institute, Wade Correctional Center, and such other adult correctional institutions as may be created.

(2) In addition, it shall perform functions relating to the establishment and administration of a work release program for inmates of institutions under its jurisdiction, of a probation and parole system for inmates at adult institutions, and of a diagnostic and treatment center, which may consist of one or more branches, to undertake medical, educational, psychiatric, and social studies of persons committed to facilities under the jurisdiction of the office, all in accordance with applicable laws.

H.(1) The office of juvenile justice shall, in accordance with law, have responsibility for the care, custody, security, and treatment of children adjudicated delinquent and children of families adjudicated in need of services committed to the custody of or placed under the supervision of the office of juvenile justice or of youth services pursuant to the Children's Code except as otherwise provided by law.

(2) The office shall provide:

(a) Evaluation and diagnostic services for children adjudicated delinquent and children of families adjudicated in need of services.

(b) Community placement services for children adjudicated delinquent and children of families adjudicated in need of services and disposed to the custody of youth services or the office of juvenile justice.

(c) Alternative services in lieu of out-of-home placement for children adjudicated delinquent and children of families adjudicated in need of services and disposed to the custody or supervision of youth services or the office of juvenile justice and for their families.

(d) Treatment services in secure custody facilities for children adjudicated delinquent disposed to the custody of youth services or the office of juvenile justice and who, as determined by the office of juvenile justice require this restrictive level of care and custody.

(e) Probation, parole, and other programs of supervision for children adjudicated delinquent and children of families adjudicated in need of services.

(f) Community services directed at prevention of juvenile delinquency, intake screening, and diversion as deemed appropriate by the office of juvenile justice.

(3) The office shall participate in programs for the purchase of care and treatment of children taken into custody under the provisions of the Children's Code pending adjudication, disposition, placement, or any or all of the above.

I. The office of the Louisiana oil spill coordinator shall perform and exercise its powers, duties, functions, and responsibilities as provided and specified in the Oil Spill Prevention and Response Act (R.S. 30:2451 et seq.).

Acts 1976, No. 513, §1; Acts 1977, No. 83, §1, eff. June 22, 1977; Acts 1979, No. 136, §1; Acts 1979, No. 722, §2, eff. July 1, 1980; Acts 1981, No. 449, §2, eff. July 1, 1981; Acts 1983, 1st Ex. Sess., No. 8, §2; Acts 1983, No. 97, §4, eff. Feb. 1, 1984; Acts 1988, No. 607, §1, eff. July 14, 1988. Acts 1984, No. 567, §1, eff. Jan. 1, 1985; Acts 1985, No. 965, §2; Acts 1986, No. 332, §1; Acts 1986, No. 752, §2, eff. July 8, 1986; Acts 1987, No. 613, §1; Acts 1988, No. 607, §1, eff. July 14, 1988; Acts 1990, No. 2, §4, eff. July 1, 1990; Acts 1991, No. 467, §1; Acts 1995, No. 320, §2, eff. June 16, 1995; Acts 1995, No. 914, §2, eff. June 28, 1995; Acts 1995, No. 1188, §5, eff. June 29, 1995; Acts 1997, No. 1186, §2; Acts 1997, No. 1187, §1; Acts 1999, No. 1120, §1; Acts 1999, No. 1257, §6, eff. June 30, 1999; Acts 2004, No. 7, §1, eff. May 5, 2004; Acts 2008, No. 565, §5; Acts 2008, No. 831, §1, eff. July 1, 2008; Acts 2009, No. 409, §3, eff. July 1, 2009; Acts 2010, No. 320, §2, eff. July 1, 2010; Acts 2012, No. 811, §17, eff. July 1, 2012.

NOTE: See Acts 1990, No. 2, §§5-11.

NOTE: See Acts 1995, No. 1188, §6.

NOTE: See Acts 1999, No. 1257, §4 re: termination of statutory authority for division of charitable gaming control, office of state police.

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

NOTE: See Acts 2010, No. 320, §§6-15 relative to transfer of fixed-scale police responsibilities from DOTD to public safety services of DPSC and annual reports relative thereto.