Audit of the Northwestern District Attorney's Office Overview of Audited Entity

This section describes the makeup and responsibilities of the Northwestern District Attorney's Office.

Overview

The Northwestern District Attorney’s Office (NWDA) 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.

NWDA 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. NWDA serves 47 cities and towns within Hampshire and Franklin Counties and the town of Athol in Worcester County.

According to NWDA’s internal control plan,

The Mission of the Office of the Northwestern District Attorney’s Office is to seek justice for all. The Office of the Northwestern District Attorney, in partnership with the communities we serve, is dedicated to the pursuit of truth and justice, protection of the innocent, and safety of the public.

NWDA had a budget of $8,736,895 in fiscal year 2022 and $9,060,664 in fiscal year 2023. NWDA’s main administrative office is in Northampton, with another office located in Greenfield. During the audit period, NWDA had 109 employees, including the District Attorney, who is elected to office every four years.

Veteran Diversion Program

The Veteran Diversion Program offers treatment and services instead of incarceration to veterans¹ involved in the criminal justice system.

Section 34 of Chapter 12 of the General Laws requires the following:

The district attorneys shall establish a pre-arraignment diversion program which may be used to divert a veteran or person who is in active service in the armed forces, a person with a substance use disorder or a person with mental illness if such veteran or person is charged with an offense against the commonwealth.

The NWDA is part of the Veterans Justice Partnership, which is a collaboration between federal government agencies, communities, and criminal justice partners to offer services to veterans, including alternatives to incarceration. When NWDA identifies,² prior to arraignment, a potential criminal case where a veteran is involved, NWDA reviews the case and the veteran’s background to determine whether the veteran may qualify for diversion. According to Section 3 of Chapter 276A of the General Laws,

A defendant who is determine to be a veteran or a person on active service in the armed forces of the United States and who is qualified for consideration to diversion to a program may, at arraignment, be afforded a 30-day continuance for assessment by the United States Department of Veteran’s Affairs or another state or federal agency with suitable knowledge and experience of veterans affairs to determine if the veteran or person on active service would benefit from such program.

When the US Department of Veterans Affairs (VA) performs the assessment, it is done so under its Veterans Justice Outreach (VJO) Program.

The VA evaluates the veteran’s case and develops a “Brave Act Assessment and Treatment Plan,”³ which may include the veteran’s military history, a psychiatric and substance use disorder history, medical and social history, a diagnostic, and the recommended treatment plan. The recommended treatment may include medical and mental health services and/or participation in programs or therapy, according to the veteran’s needs.

As an alternative to diversion opportunities, the district court can refer veterans to the Western Massachusetts Veteran’s Treatment Court (WMVTC). Veterans who plead guilty to their crimes, or have a past criminal record, may benefit from the WMVTC, which is a voluntary post-adjudication court that provides tailored treatment plans that may include stabilization, drug and alcohol abstinence, therapy, long-term housing placement, job training, and possible upgrade of military discharge status.

Conviction Integrity Program

NWDA is a partner organization of the Massachusetts Conviction Integrity Working Group, which was established in 2018. According to the Conviction Integrity Programs: A Guide to Best Practices for Prosecutorial Offices, dated March 2021, the Massachusetts Conviction Integrity Working Group convened “to study and make recommendations about ‘best practices’ for conviction integrity programs, and about the most effective structure(s) to promote conviction integrity and prevent and remedy wrongful convictions and miscarriages of justice.” Other key organizations that make up the working group include the Massachusetts Bar Association, the Office of the Attorney General, the Middlesex County District Attorney’s Office, the Committee for Public Counsel Services, the Boston College Innocence Program, the New England Innocence Project, and the Plymouth County District Attorney’s Office.

The Conviction Integrity Program is an NWDA initiative to ensure fairness and justice for victims, the community, and the convicted defendant involved in a crime. The program is led by a Conviction Integrity Committee (CIC) that reports directly to the District Attorney.

CIC performs outreach to increase awareness of the Conviction Integrity Program by contacting the convicted defendants’ defense attorneys who have filed a motion in court under Chapter 278A of the General Laws. This motion is filed to request additional forensic and scientific analysis to be performed on the evidence from the convicted defendants’ cases. CIC askes these defense attorneys to submit an Application for Review of a Criminal Conviction. CIC also includes information about the program on its website. A convicted defendant’s defense attorney may submit to CIC an Application for Review of a Criminal Conviction in order to request that CIC review the convicted defendant’s claim of innocence.

The CIC review process is independent from court proceedings. CIC reviews the application and supporting documentation to determine whether the claim of innocence is supported. If the claim is supported by the new analysis or evidence, CIC can recommend the following actions to the NWDA: a new plea deal, or a reduction of sentence, or a request for a new trial. If the claim is not supported, the original sentencing prevails.

Juvenile Diversion Program

Under the Juvenile Diversion Program, a voluntary program, NWDA offers eligible⁴ juvenile offenders the opportunity to divert from the court system. An NWDA juvenile diversion specialist develops a diversion plan according to each juvenile’s individual needs. To successfully complete the program, participants must agree to, and comply with, a contract with specific deliverables, such as writing letters apologizing to the victims of the crime; performing community service and making restitution to victims; and completing counseling or drug or alcohol treatment programs. Juveniles who successfully complete the program avoid having a criminal offender record. Juvenile cases that do not qualify for diversion are prosecuted through the Juvenile Court.

1.    To be eligible for diversion, the veteran must have committed a misdemeanor or felony that has district court jurisdiction. A veteran who commits sex offenses or arson felonies is not eligible for diversion. Veterans who are registered as sex offenders are not eligible for diversion. Veterans are accepted to the diversion program from any branch of military service and with any discharge status.

2.    NWDA may learn of the defendant’s veteran status from the district court’s probation department or by other means.

3.    The BRAVE Act was enacted in 2018 by the Massachusetts Legislature with the purpose of offering diversion resources to veterans. 

4.    Every diversion program establishes its own eligibility criteria. A juvenile’s age, prior history with diversion or a history of prior offenses, and the nature of the current criminal charges are part of the considered criteria. Criminal charges that are usually accepted for diversion are misdemeanors and certain felonies. Felonies involving the use of weapons or violent offenses usually make the juvenile ineligible for diversion.

Date published:	December 30, 2024