Audit of the Northwestern District Attorney's Office (December 30, 2024)
December 30, 2024 · Northwestern District Attorney's Office · Read the full official report on mass.gov ↗
Published December 30, 2024 Audit covers July 1, 2021 – June 30, 2023 Under Diana DiZoglio · 2023–present
source
“Below is a summary of our findings and recommendations, with links to each page listed.”
Read the plain-English breakdown
This is a state performance audit of the Northwestern District Attorney’s Office covering July 1, 2021 through June 30, 2023.
“In accordance with Section 12 of Chapter 11 of the Massachusetts General Laws, the Office of the State Auditor has conducted a performance audit of the Northwestern District Attorney’s Office (NWDA) for the period July 1, 2021 through June 30, 2023.”
Auditors checked whether the office properly handled programs for veterans, conviction reviews, and juvenile diversion.
“The purpose of this audit was to determine (1) to what extent NWDA is administering the Veterans Diversion Program in accordance with Section 34 of Chapter 12 of the General Laws; (2) whether NWDA’s Conviction Integrity Program is reviewing past convictions equitably; and (3) to what extent NWDA’s Juvenile Diversion Program (JDP) provides a reasonable pretrial diversion model that discourages and prevents recidivism amongst participants.”
These programs can affect whether people avoid prosecution, whether wrongful convictions are reviewed fairly, and whether young people get help instead of deeper court involvement.
“Not establishing a diversion program limits veterans’ access to diversion opportunities to help avoid prosecution where appropriate.”
If you live in the district, this report is about whether local justice programs are being run fairly, documented properly, and improved over time.
“NWDA serves 47 cities and towns within Hampshire and Franklin Counties and the town of Athol in Worcester County.”
The auditor found gaps in written procedures, outreach, data collection, and recordkeeping, and recommended improvements.
“NWDA should improve the procedures and administration of the Juvenile Diversion Program (JDP).”
The office is expected to create or improve policies, keep better records, expand outreach, and use program data to improve results.
“NWDA should consistently collect JDP data and analyze it on an annual basis and use the results for program improvement.”
The audit says weak records and limited outreach can reduce transparency, limit access to programs, and make it harder to know whether programs are working.
“By not publicizing the Conviction Integrity Program more widely, NWDA may limit the number of cases that and defendants who could benefit from the program, potentially affecting equal opportunity for all defendants who may benefit from post-conviction review.”
Diversion means steering eligible people away from the usual court or jail process and toward treatment, services, or other requirements.
“The Veteran Diversion Program offers treatment and services instead of incarceration to veterans1 involved in the criminal justice system.”
What the Auditor checked
- Partially To what extent is NDWA administering the Veteran Diversion Program in accordance with Section 34 of Chapter 12 of the General Laws as it pertains to the benefits and services afforded to veterans and as reported on NWDA’s website?
- Partially Is NWDA’s Conviction Integrity Program reviewing past convictions equitably, and is it completing reviews in a timely manner and in accordance with internal protocol procedures and Rule 3.8 of the Massachusetts Rules of Professional Conduct?
- Partially To what extent does NWDA’s Juvenile Diversion Program (JDP) provide juvenile offenders with a reasonable pretrial diversion model that discourages and helps prevent recidivism among program participants, as recommended in our prior audit?
What the Auditor found
Why it matters: Veterans may have limited access to diversion opportunities, and NWDA cannot ensure it monitors diversion programs for successful outcomes.
Standard: Section 34 of Chapter 12 of the General Laws ( Section 34 of Chapter 12 of the General Laws )
2 recommendations
- NWDA should establish its own Veteran Diversion Program to comply with Section 34 of Chapter 12 of the General Laws, and NWDA should develop written policies and procedures to regulate this program.
- NWDA should ensure that it collects and retains sufficient supporting documentation related to veteran diversion cases.
Agency response & Auditor reply
Agency: "The NWDA does have an established process by which we divert veterans’ cases out of the standard criminal justice system."
Auditor: "However, NWDA was not able to provide this written process when we requested it."
Why it matters: The weaknesses may reduce transparency, limit equal opportunity for defendants who may benefit from post-conviction review, and reduce the effectiveness of wrongful-conviction reviews.
Standard: Massachusetts Conviction Integrity Working Group’s Conviction Integrity Programs: A Guide to Best Practices for Prosecutorial Offices, dated March 2021 ( Massachusetts Conviction Integrity Working Group’s Conviction Integrity Programs: A Guide to Best Practices for Prosecutorial Offices, dated March 2021 )
4 recommendations
- NWDA should develop policies and procedures to regulate the post-conviction process. These policies and procedures should address, among other things, intakes, screening and investigation, and referring official misconduct to relevant authorities.
- NWDA should include the email address of the Conviction Integrity Program and the name of CIC’s director on its website so that convicted defendants can communicate with CIC.
- NWDA should publicize its Conviction Integrity Program by posting information and including it in orientation materials at prisons, houses of corrections, county sheriffs’ offices, prisoner advocacy groups, and the Committee for Public Counsel Services.agency: disagreed
- CIC should record its reviews, determinations, and final recommendations from post-conviction reviews in writing, provide them to convicted defendants and their attorneys, and maintain them in case files.agency: disagreed
Agency response & Auditor reply
Agency: "Therefore, we disagree with the Auditor’s conclusion that the NWDA’s Conviction Integrity Program may not be equitable, which conclusion notably does not relate to our actual review process and is based on the fact that we do not do direct outreach to incarcerated defendants."
Auditor: "We strongly encourage NWDA to reconsider its opposition to performing the outreach recommended in this audit and in the Massachusetts Conviction Integrity Working Group’s Conviction Integrity Programs: A Guide to Best Practices for Prosecutorial Offices, dated March 2021."
Why it matters: NWDA limits its ability to improve program outcomes and reduce recidivism and cannot ensure that it follows best practices and procedures for an effective diversion program.
Standard: Juvenile Diversion Guidebook, Massachusetts Youth Diversion Program: Model Program Guide, and Northwestern District Attorney’s Juvenile Diversion Program Policies and Procedures ( Juvenile Diversion Guidebook: Prepared by the Models for Change Juvenile Diversion Workgroup; Massachusetts Youth Diversion Program: Model Program Guide; Northwestern District Attorney’s Juvenile Diversion Program Policies and Procedures )
2 recommendations
- NWDA should consistently collect JDP data, analyze it annually, use the results for program improvement, and identify alternatives if DAMION does not suit its data collection needs.
- NWDA should create and implement adequate controls to ensure it collects, records, and retains all supporting documentation related to JDP activities.
Agency response & Auditor reply
Agency: "We appreciate the Auditor’s recognition that the NWDA collects and analyzes diversion program data and assesses this data to take action to improve the Juvenile Diversion Program (JDP), which is a discretionary program run by the NWDA to divert eligible youth from the criminal justice system."
Auditor: "We encourage NWDA to continue to take the necessary steps to consistently collect JDP data and analyze it on an annual basis and use the results for program improvement."
Prior findings revisited
"In our prior audit of NWDA (No. 2018-1260-3J, dated November 29, 2018), the audit team found that the JDP “does not collect data or conduct post-completion outcome evaluations to determine the program’s effectiveness.”"
More audits of this entity
Other Office of the State Auditor reports on Northwestern District Attorney's Office , including the prior audits referenced above.
- Audit of the Northwestern District Attorney’s OfficeDistrict Attorney · November 29, 2018
- Northwestern District Attorney's OfficeDistrict Attorney · February 8, 2012
- Eastern District Attorney's OfficeDistrict Attorney · April 1, 2016