A. Referral of a bogus check complaint to the Bogus Check Restitution Program shall be at the discretion of the district attorney. This act shall not limit the power of the district attorney to prosecute bogus check complaints.
B. Upon receipt of a bogus check complaint, the district attorney shall determine if the complaint is one which is appropriate to be referred to the Bogus Check Restitution Program.
C. In determining whether to refer a case to the Bogus Check Restitution Program, the district attorney shall consider the following guidelines:
1. The amount of the bogus check;
2. If there is a prior criminal record of the defendant;
3. The number of bogus check complaints against the defendant previously received by the district attorney;
4. Whether or not there are other bogus check complaints currently pending against the defendant; and
5. The strength of the evidence of intent to defraud the victim.
Added by Laws 1982, c. 93, § 2, operative Oct. 1, 1982.
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