Overview
Established under Sections 12 and 13 of Chapter 12 of the Massachusetts General Laws, the Suffolk County District Attorney’s Office (SCDAO) administers criminal law and defends civil actions brought against the Commonwealth, in accordance with Section 5 of Chapter 258 of the General Laws. SCDAO serves Suffolk County from the following locations: the Suffolk County Division of the Superior Court, the Massachusetts Appeals Court, the Massachusetts Supreme Court, Chelsea District Court, and eight divisions of the Boston Municipal Court (Central, Brighton, Charlestown, Dorchester, East Boston, South Boston, Roxbury, and West Roxbury).1 SCDAO’s main administrative and accounting office is in downtown Boston. For fiscal years 2018 and 2019, SCDAO received appropriations totaling $19,290,288 and $20,195,706, respectively, to fund its administrative operations. It also received appropriations totaling $368,438 in fiscal year 2018 and $375,779 in fiscal year 2019 for the overtime costs of state police officers assigned to it. SCDAO operates many programs to serve its communities; our audit reviewed the Juvenile Alternative Resolution (JAR) Program and the Victim Witness Assistance Program (VWAP).
JAR Program
The JAR Program was launched as a pilot program on May 1, 2017, in partnership with community-based agencies, to provide individualized services to young people between the ages of 11 and 17 years as an alternative to traditional prosecution. Enrollment in the JAR Program is at the District Attorney’s discretion. The program was not governed by statute during the audit period and does not receive separate funding.
The JAR Program’s goal is to reduce juvenile involvement in the criminal justice system in Suffolk County. Before arraignment in district court, each youth is assessed by SCDAO’s Juvenile Unit using the Ohio Youth Assessment System.2 This helps the prosecutor decide whether the youth needs informal diversion, arraignment, or inclusion in the JAR Program, which is more structured than informal diversion and geared to at-risk individuals (i.e., those who may be more likely to reoffend). Youths who are eligible for the JAR Program are evaluated using a form called the Youth Lead of Service / Case Management Interview Form, and the JAR Program Coordinator prepares an individualized diversion plan for the youth and parent/s or guardian/s to sign. The youth is then referred and tracked through community organizations, with which SCDAO has memoranda of understanding, until cases against the youth are dismissed. However, SCDAO does not have a mechanism to track the youths once they complete the JAR Program. SCDAO measures the success rate of the JAR Program based on the percentage of youths who successfully complete it.
VWAP
In accordance with Section 5 of Chapter 258B of the General Laws (see Appendix), VWAP provides information to victims and witnesses of crime about the court process and their rights. Section 5 specifically states that the following services shall be provided if requested by a victim or witness: court appearance notification; information related to witness fees, victim compensation, and restitution; escort and transportation; case process notification; employer intercession; expedited return of property; protection; family support, including care of children and other dependents; waiting facilities; and social service referrals. A victim witness advocate is present in court during arraignments to identify any victims and/or witnesses. The advocates continue their contact with victims and/or witnesses throughout the court process in person or by letter, email, or phone to ensure that they receive proper notification of court events, support, and/or services to which they are entitled pursuant to Chapter 258B.
| Date published: | January 11, 2021 |
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