(A) (1) The prosecuting attorney, 69th Judicial Circuit, who serves the county may establish an “Unpaid Bank Check Collection Program” (“Program”) through the office of prosecuting attorney in which the payee or holder or an unpaid or dishonored bank check who is requesting criminal prosecution of the maker of the unpaid or dishonored check may as follows:
(a) Authorize the office of prosecuting attorney to give statutory notice to the maker of the unpaid bank check that enables the maker of the unpaid check to redeem the unpaid check as a defense to criminal prosecution as provided under I.C. 35-43-5-5(e); and
(b) Designate and authorize the office of prosecuting attorney, to charge, collect and retain a collection service fee in the amount as allowed by I.C. 35-43-5-5(e).
(2) This section shall not restrict or limit in any way the lawful power or discretion of the prosecuting attorney in performing duties as prosecuting attorney. This section shall be construed as enlarging the power and discretion of the prosecuting attorney in the county, which includes the power and discretion to waive collection of any fees, or to negotiate or settle any issues of payment.
(B) Upon implementation of the program, the office of prosecuting attorney shall establish and maintain a special trust checking account for deposit of all funds received under the program. From this checking account, the office of prosecuting attorney shall disburse the lawfully due and correct amount of payment that the maker of the check owes to the check payee or holder.
(1) This account shall be processed and administered according to State Board of Accounts standards for public funds.
(2) Periodically, and not less than monthly, the office of prosecuting attorney shall deliver to the Treasurer of the county the accumulated of unpaid check collection services fees charged and retained by the office of prosecuting attorney. This amount shall be held by the Treasurer of the county in an account hereafter established, known as and designated as the “Decatur County Check Enforcement Fund”.
(C) Funds held in the County Check Enforcement Fund may be expended at anytime upon request by the prosecuting attorney and with the approval and by lawful appropriation by the County Council, as provided by law.
(D) This section shall be effective and full force January 1, 2002 and continuing thereafter indefinitely.
(Ord. 2001-9, passed 12-3-2001)