13-1810

13-1810. Deferred prosecution of bad check
cases

A. Each county attorney may create within his office a deferred prosecution program
for bad check cases.

B. The county attorney may refer a bad check case to the bad check deferred
prosecution program. This chapter does not limit the power of the county attorney to
prosecute bad check complaints.

C. On receipt of a bad check case, the county attorney shall determine if the case
is one which is appropriate to be referred to the bad check deferred prosecution
program. In determining whether to refer a case to the bad check deferred prosecution
program, the county attorney shall consider the following guidelines:

1. The amount of the bad check.

2. If there is a prior criminal record of the defendant.

3. The number of bad check complaints against the defendant previously received by
the county attorney.

4. Whether or not there are other bad check complaints currently pending against
the defendant.

5. The strength of the evidence of intent to defraud the victim.

D. On referral of a complaint to the bad check deferred prosecution program, a
notice of the complaint shall be forwarded by mail to the defendant. The notice shall
contain all of the following:

1. The date and amount of the check.

2. The name of the payee.

3. The date before which the defendant must contact the office of the county
attorney concerning the complaint.

4. A statement of the penalty for issuance of a bad check.

E. The county attorney may enter into a written agreement with the defendant to
defer prosecution on the bad check for a period to be determined by the county attorney,
not to exceed one year for misdemeanors, pending all of the following:

1. Completion of the bad check deferred prosecution school program conducted by the
county attorney or a private entity under contract with the county attorney.

2. Full restitution being made to the victim of the bad check, as specified in
section 13-1809, subsection B.

3. Full payment of fees due under section 13-1809.

F. For each check, monies received from a person pursuant to section 13-1809 shall
be applied first to satisfy restitution to the victim.