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.

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.