971.41 Deferred prosecution program; worthless checks.

421 words·~2 min read·/wi/chapter-971/971-41-4

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Definition. In this section, “offender” means a person charged with, or for whom probable cause exists to charge the person with, a violation of s. 943.24 .

(2)Establishment of program; eligibility criteria. A district attorney may create within his or her office a worthless check deferred prosecution program for offenders who agree to participate in it as an alternative to prosecution. The district attorney may establish criteria for determining an offender’s eligibility for the program. Among the factors that the program may use in determining eligibility are the following:

(a)The face value of any check or order that was involved in the offense.

(b)If applicable, the reason why the check or order was dishonored by a financial institution.

(c)Other evidence presented to the district attorney regarding the facts and circumstances of the offense.

(d)The offender’s criminal history.

(e)Prior referrals of the offender to the program.

(f)Whether other charges under s. 943.24 are pending against the offender.

(3)Conditions of program. A deferred prosecution agreement to which this section applies may require an offender to do any of the following:

(a)Pay money owed for the worthless check or other order issued in violation of s. 943.24 to the district attorney for remittance to the payee of the worthless check or order.

(b)Make other payments for restitution for the offense, including payments to reimburse any person for fees assessed by a financial institution in connection with the person attempting to present the worthless check or other order.

(c)Pay administrative fees assessed under sub.

(7).

(d)Pay for and successfully complete a class or counseling regarding financial management.

(4)Offenses covered. The deferred prosecution agreement shall specify the offenses for which prosecution is being deferred and shall describe the checks involved in the transactions. The district attorney shall agree not to prosecute those offenses while the agreement remains in effect or afterward if the offender successfully completes the deferred prosecution program.

(5)Private contractor operation of program.

(a)A district attorney who establishes a deferred prosecution program under this section may contract with a private entity to operate or administer all or part of the program under the supervision, direction, and control the district attorney.

(b)A private entity acting under this subsection shall maintain insurance, financial accounting controls, and fund disbursement procedures as required by the district attorney. The district attorney shall audit the accounts of the private entity, but only after providing written notice.