Overview
The Norfolk District Attorney’s Office (NDAO) was established under Sections 12 and 13 of Chapter 12 of the Massachusetts General Laws. This chapter provides 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. NDAO serves 1 city and 26 towns1 in eastern Massachusetts. In addition to working from the superior and juvenile courts, NDAO operates from five district courts. NDAO represents the Commonwealth at bail hearings, at commitment proceedings related to criminal matters, at rendition proceedings, and during the presentation of evidence in all inquests. It also assists in the investigation of a variety of criminal activities. In addition to its legal and investigatory activities, NDAO operates several programs that provide services to the public and to people involved in the criminal justice system. The programs subject to our audit are described below.
The Diversion Program is available, at the discretion of the Assistant District Attorney, to young offenders (age 23 and under) who are charged with certain nonviolent crimes, such as possession of alcohol, purchasing or attempting to purchase alcohol, possession of an open container of alcohol, disturbing the peace, disorderly conduct, and shoplifting. Program participants can postpone their arraignments for 90 days while completing the requirements of the program, which may include paying restitution, sending a letter of apology, performing community service, and completing an education program in person or online. When participants have successfully completed the program requirements, the charges against them are dismissed before arraignment. There is one part-time coordinator who is responsible for administering the Diversion Program. The Diversion Program is discretionary, was not required or governed by statute during the audit period, and does not receive separate funding. NDAO operates the program using the money the Legislature appropriates each year to fund the office’s overall operations. NDAO estimates the annual cost of the program at $30,350.
NDAO also operates a Victim Witness Program, which is governed by Chapter 258B of the General Laws. According to NDAO’s website,
This office has Victim Witness Advocates available in every court to support victims throughout the criminal justice process. The primary goal of a Victim Witness Advocate is to ensure that a victim or witness’s participation in the court process is meaningful and that all of the rights entitled to a victim or witness are respected.
As of December 31, 2017, the Victim Witness Program had a chief of victim witness advocates, a director of a Special Victims Unit, a supervisor of district court victim advocates, and 31 full-time victim witness advocates to support victims, witnesses, and their families throughout the criminal justice process and provide information and services as required by Section 5 of Chapter 258B of the General Laws (see Appendix).
| Date published: | October 24, 2018 |
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