Overview
The Plymouth County District Attorney’s Office (PCDA) 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. PCDA serves one city and 26 towns1 in southeastern Massachusetts. In addition to working from the superior and juvenile courts, PCDA operates from four district courts, all of which have six-member jury-trial sessions. PCDA 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, PCDA operates several programs that provide educational 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, which encompasses both juveniles (under 17 years old) and young adults (17–23 years old), is available at the discretion of Assistant District Attorneys to first-time offenders 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, writing an essay, 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. The Diversion Program has two full-time employees. The Diversion Program is discretionary, is not required or governed by statute, and does not receive separate funding. PCDA operates the program using the money the Legislature appropriates each year to fund PCDA’s overall operations. PCDA estimates the annual cost of the program at $85,878.
PCDA also operates a Victim Assistance Program, which is governed by Chapter 258B of the General Laws. According to PCDA’s website,
The Victim Assistance Program is committed to assisting victims of crime in Plymouth County. Advocates are available to provide information and guidance through the criminal justice process, and to protect victims’ rights under the law.
As of December 31, 2017, the Victim Assistance Program had a director, a deputy director, and 17 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 11, 2018 |
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