(A) The City Attorney may create within his or her office a deferred prosecution program for bad check cases.
(B) The City Attorney may refer a bad check case to the bad check deferred prosecution program. This article does not limit the power of the office of the City Attorney to prosecute bad check complaints.
(C) Upon receipt of a bad check case, the City Attorney shall determine if the case is one which is appropriate to be referred to the bad check prosecution program. To determine whether to refer a check to the bad check deferred prosecution program, the City 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 by the defendant previously received by the City Attorney;
(4) Whether or not there are other bad check complaints currently pending against the defendant; and
(5) The strength of 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 City Attorney concerning the complaint; and
(4) A statement of the penalty for issuance of a bad check.
(E) The City 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 City Attorney, not to exceed 6 months pending on all of the following:
(1) Completion of the bad check deferred prosecution school program conducted by the office of the City Attorney, Police Department or a private entity under contract with the City Attorney;
(2) Full restitution being made to the victim of the bad check, as specified in this article; and
(3) Full payment of fees due pursuant to this article.
(Prior Code, § 10-4-4)