Audit  Audit of the Northwestern District Attorney's Office

NWDA is not complying with Section 34 of Chapter 12 of the General Laws because it has not established a veteran diversion program and has not developed written policies and procedures to regulate it. Not establishing a diversion program limits veterans’ access to diversion opportunities to help avoid prosecution where appropriate.

Additionally, by not keeping sufficient documentation as described more fully in this audit, NWDA cannot ensure that it monitors these diversion programs to ensure successful outcomes for veterans.

1. NWDA should establish its own Veteran Diversion Program to comply with Section 34 of Chapter 12 of the General Laws, and NWDA should develop written policies and procedures to regulate this program.
2. NWDA should ensure that it collects and retains sufficient supporting documentation related to veteran diversion cases.

By not developing policies and procedures that cover all its roles and responsibilities and by not generating and maintaining all documentation relevant to the post-conviction review, NWDA may not maximize efficacy and transparency for the review of alleged wrongful convictions. The development of, and adherence to, policies and procedures may have prevented the exception we identified in the review of case files. Failing to provide the official final decision of the post-conviction review to the convicted defendants also reduces government transparency.

By not publicizing the Conviction Integrity Program more widely, NWDA may limit the number of cases that and defendants who could benefit from the program, potentially affecting equal opportunity for all defendants who may benefit from post-conviction review.

1. NWDA should develop policies and procedures to regulate the post-conviction process. These policies and procedures should address, among other things, intakes, screening and investigation, and referring official misconduct to relevant authorities.          
2. NWDA should include the email address of the Conviction Integrity Program and the name of CIC’s director on its website so that convicted defendants can communicate with CIC.       
3. To promote equal opportunity for potential convicted defendants, NWDA should publicize its Conviction Integrity Program by posting information, and including this information in orientation materials, at relevant entities such as prisons and houses of corrections, county sheriffs’ offices, prisoner advocacy groups, and the Committee for Public Counsel Services.
4. CIC should record its reviews, determinations, and final recommendations from its post-conviction reviews in writing and provide this information to convicted defendants and their attorneys. This information should also be maintained in convicted defendants’ case files.

1. NWDA should consistently collect JDP data and analyze it on an annual basis and use the results for program improvement. NWDA should identify alternatives for data collection if the District Attorney Management Information Office Network does not suit NWDA’s data collection.
2. NWDA should create and implement adequate controls to ensure that it collects, records, and retains all supporting documentation related to JDP activities.