Overview of the Berkshire County District Attorney’s Office

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

Overview

The Berkshire County District Attorney’s Office (BCDA) 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. BCDA serves 2 cities and 30 towns¹ in western Massachusetts and operates from a superior court, three juvenile courts, and three district courts. BCDA represents the Commonwealth at bail hearings, at commitment proceedings related to criminal matters, at rendition proceedings, during the presentation of evidence in all inquests, and for all appeals to the state’s Appeals Court and Supreme Judicial Court. It also assists in the investigation of a variety of criminal activities. During fiscal years 2017 and 2018, BCDA had 56 employees and received state appropriations of $4,184,794 and $4,218,329, respectively.

In addition to its legal and investigatory activities, BCDA operates several programs that provide education and other services to the public and to people involved in the criminal justice system. During our audit, we examined BCDA’s administration of its Victim Witness Assistance Program (VWAP).

VWAP

BCDA operates a VWAP that provides services to victims and witnesses of crimes, and their family members, in accordance with Section 5 of Chapter 258B of the General Laws (see Appendix A). BCDA started its VWAP in 1984. During our audit period, the program had 10 full-time employees: 8 advocates, a program director, and an assistant director.

Section 5 of Chapter 258B of the General Laws requires that victims/witnesses of crimes receive the following services: court appearance notifications; information related to witness fees, victim compensation, and restitution; escorts and transportation; case process notifications; employer intercession; expedited return of property; protection; family support, including child and other dependent care services; waiting facilities; and social service referrals.

The VWAP advocates tell victims and witnesses about the court process and their rights. In addition, BCDA advocates work with victims and/or witnesses throughout the court process to ensure that they receive proper notification of court events, support, and services to which they are entitled.

1.    The cities are North Adams and Pittsfield, and the towns are Adams, Alford, Becket, Cheshire, Clarksburg, Dalton, Egremont, Florida, Great Barrington, Hancock, Hinsdale, Lanesborough, Lee, Lenox, Monterey, Mount Washington, New Ashford, New Marlborough, Otis, Peru, Richmond, Sandisfield, Savoy, Sheffield, Stockbridge, Tyringham, Washington, West Stockbridge, Williamstown, and Windsor.

Date published:	January 14, 2019