La. Stat. tit. 36 § 401

Current with operative changes from the 2024 Third Special Legislative Session

Section 36:401 - Department of Public Safety and Corrections; public safety services; corrections services; youth services; creation; domicile; composition; purposes and functions

A. The Department of Public Safety and Corrections is created and shall be a body corporate with the power to sue and be sued. The domicile of the department shall be in Baton Rouge.

B.

(1) The Department of Public Safety and Corrections, through its services, offices, and officers, shall have authority generally for the security and physical safety of the citizens and property of Louisiana, the enforcement of laws and regulations pertaining to criminal conduct, the rehabilitation of youthful offenders, automobile and highway safety, motor vehicles and drivers, and fire protection.

(2) It shall also be responsible for the custody of, evaluation of, such rehabilitation programs as the department deems appropriate for, and post-release monitoring of, convicted criminal offenders and adjudicated delinquent youth.

(3) It also shall be responsible for:

(a) Providing diagnostic services to the courts and other correctional authorities for sentence, treatment, and release decisions;

(b) Administering programs to protect persons in its custody and preparing them for release;

(c) Conducting and facilitating research in criminology and penology; and

(d) Operating a probation and parole system, all in accordance with law.

(4) This department shall have responsibility for all penal and correctional institutions of the state.

C.

(1)

(a) The Department of Public Safety and Corrections shall be composed of the executive office of the secretary, public safety services, corrections services, youth services, and such other offices as shall be created by law.

(b)

(i) Public safety services shall include the office of management and finance for public safety services, the office of state police, the office of legal affairs, the office of motor vehicles, the office of state fire marshal, and code enforcement and building safety and shall also include the deputy secretary of public safety services, the assistant secretaries of the offices, and personnel necessary to carry out their functions.

(ii) Corrections services shall include the office of management and finance for corrections services and the office of adult services and shall also include the deputy secretary of corrections services and the assistant secretary of the office of adult services and personnel necessary to carry out their functions.

NOTE: In Item (iii) as enacted by Acts 2004, No. 7, §1, certain references are effective on the effective date of the creation of the office of management and finance for youth services as provided in Section 7(B) of the Act. See note below.

(iii) Youth services shall include the office of management and finance for youth services and the office of juvenile justice and shall also include the deputy secretary of youth services, the undersecretary for youth services, and the assistant secretary of the office of juvenile justice, and personnel necessary to carry out their functions.

(2) Whenever the secretary determines that the administration of the functions of the department may be more efficiently performed by eliminating, merging, or consolidating existing offices or establishing new offices, he shall present a plan therefor to the legislature for its approval by statute.

D. Repealed by Acts 1988, No. 326, §4, eff. July 7, 1988.

La. R.S. § 36:401

Acts 1983, No. 97, §4, eff. Feb. 1, 1984; Acts 1984, No. 326, §1, eff. July 2, 1984; Acts 1985, No. 919, §1, eff. July 23, 1985; Acts 1986, No. 752, §2, eff. July 8, 1986; Acts 1987, No. 736, §1; Acts 1988, No. 326, §4, eff. July 7, 1988; Acts 1990, No. 2, §2, eff. July 1, 1990; Acts 1992, No. 297, §3; Acts 1995, No. 1188, §3, eff. June 29, 1995; Acts 1997, No. 1187, §1; Acts 1999, No. 568, §1, eff. June 30, 1999; Acts 1999, No. 1120, §1; Acts 2004, No. 7, §1, eff. May 5, 2004, except see note re §7(B) below; Acts 2008, No. 565, §5; Acts 2009, No. 409, §3, eff. July 1, 2009.

Amended by Acts 2024, No. 727,s. 1, eff. 7/1/2024.

Acts 1983, No. 97, §4, eff. 2/1/1984; Acts 1984, No. 326, §1, eff. 7/2/1984; Acts 1985, No. 919, §1, eff. 7/23/1985; Acts 1986, No. 752, §2, eff. 7/8/1986; Acts 1987, No. 736, §1; Acts 1988, No. 326, §4, eff. 7/7/1988; Acts 1990, No. 2, §2, eff. 7/1/1990; Acts 1992, No. 297, §3; Acts 1995, No. 1188, §3, eff. 6/29/1995; Acts 1997, No. 1187, §1; Acts 1999, No. 568, §1, eff. 6/30/1999; Acts 1999, No. 1120, §1; Acts 2004, No. 7, §1, eff. 5/5/2004, except see note re §7(B) below; Acts 2008, No. 565, §5; Acts 2009, No. 409, §3, eff. 7/1/2009.

In Item (iii) as enacted by Acts 2004, No. 7, §1, certain references are effective on the effective date of the creation of the office of management and finance for youth services as provided in Section 7(B) of the Act. See note below.

See Acts 1990, No. 2, §§5-11.

See Acts 1995, No. 1188, §6.

See Acts 1999, No. 568, §§5 & 7 eff. June 30, 1999, relative to transfer of functions of division of charitable gaming, office of state police, Dept. of Public Safety and Corrections, to office of charitable gaming, Dept. of Revenue, not later than 1/1/2000 and conflicting Acts.

Acts 2004, No. 7, §7(B) provides that provisions of the Act relative to the office of management and finance for youth services and relative to the office of management and finance for corrections services shall become effective on the effective date of the creation of the office of management and finance for youth services as provided in the approved transition plan as provided in Section 5 of the Act. References in R.S. 36:401(C)(1) to the office of management and finance for youth services and to the undersecretary for youth services would be subject to this provision.

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