Audit of the Hampden County District Attorney’s Office Overview of Audited Entity

This section describes the makeup and responsibilities of the Hampden County District Attorney’s Office.

Overview

The Hampden County District Attorney’s Office (HCDA) was established under Sections 12 and 13 of Chapter 12 of the Massachusetts General Laws, which provide for the administration of criminal law and the defense of civil actions brought against the Commonwealth in accordance with Chapter 258 of the General Laws.

HCDA is one of 11 district attorneys’ offices in the Commonwealth and represents the Commonwealth in the prosecution of criminal offenses that occur within its jurisdiction. HCDA serves 23 cities and towns across southwestern Massachusetts and serves a population of about 460,000 citizens. HCDA had a budget of $12,429,625 in fiscal year 2020 and $13,951,535 in fiscal year 2021. HCDA’s main office is in Springfield, with satellite locations in Chicopee, Holyoke, Palmer, and Westfield.

According to its website, HCDA “is proud to serve the people of Hampden County by faithfully pursuing criminal justice and ensuring public safety with ethics, integrity, and fairness as [its] guiding values.”

HCDA’s forfeited asset revenue was $327,446 during the audit period. HCDA’s forfeiture trust fund expenditures totaled $497,913 during the audit period. Forfeited asset revenue remains in HCDA’s forfeiture trust fund account with the Office of the State Treasurer and Receiver General until expended, as required by Section 47(d) of Chapter 94C of the General Laws. The unexpended balance at the end of a fiscal year in the forfeiture trust fund account is rolled forward for the next fiscal year.

Asset Forfeiture

To prevent individuals from profiting from illegal drug activity, Section 47 of Chapter 94C of the General Laws authorizes law enforcement agencies to seize assets, such as any profits of drug distribution or any property that was used, or was intended to be used, for illegal drug activity. Some examples of assets that may be subject to forfeiture are money, cell phones, computers, motor vehicles, and real property.¹

The local or state police department that performed the seizure maintains possession of the seized assets until a judge determines whether these assets should be forfeited to the Commonwealth. If assets are ultimately deemed forfeited by a court order, then these assets are divided equally between HCDA and the police department that performed the seizure and are moved to and held in a forfeiture trust fund account. If more than one police department was involved in the seizure, then the police departments split a 50% share equitably.

According to Section 47(d) of Chapter 94C of the General Laws, HCDA may expend money from the forfeiture trust fund for the following purposes:

To defray the costs of protracted investigations, to provide additional technical equipment or expertise, to provide matching funds to obtain federal grants, or such other law enforcement purposes as the district attorney . . . deems appropriate. The district attorney . . . may expend up to ten percent of the monies and proceeds for drug rehabilitation, drug education and other anti-drug or neighborhood crime watch programs which further law enforcement purposes.

Cybersecurity Awareness Training

The Executive Office of Technology Services and Security has established policies and procedures that apply to all Commonwealth agencies within the executive branch. EOTSS recommends, but does not require, non-executive branch agencies to follow these policies and procedures. Section 6.2 of EOTSS’s Information Security Risk Management Standard IS.010 states,

The objective of the Commonwealth information security training is to educate users on their responsibility to help protect the confidentiality, availability and integrity of the Commonwealth’s information assets. Commonwealth Offices and Agencies must ensure that all personnel are trained on all relevant rules and regulations for cybersecurity.

To ensure that employees are clear on their responsibilities, all employees in state executive agencies with access to a Commonwealth-provided email address are required to complete a cybersecurity awareness course every year. All newly hired employees must complete an initial security awareness training course within 30 days of their orientation.

1.    Real property (as opposed to personal property) includes land and additional structures/items in or on that land, such as buildings, sheds, or crops.

Date published:	November 28, 2023