Worthless Check Diversion Program

The State of Wisconsin has enacted § 971.41(2), which states; 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 Pepin County District Attorney has created the Pepin County Worthless Check Diversion Program (WCDP). The goals of this program include giving check writers an opportunity to avoid criminal charges as well as discouraging further worthless check writing. This program will also assist with payment of restitution to local businesses quickly and decrease burden on the Pepin County Court system. The program is outlined below.

Eligibility and criteria

  1. As of 9/1/06 every person has a “clean slate” with regard to eligibility for the WCDP and conditions of 1st Enrollment will apply.
    1. Pay $100 enrollment fee. ii. Restitution and fees must be paid within 30 days. This may be extended up to 60 days at the discretion of the district attorney.
    2. For this enrollment only, enrollment and payment may be handled via mail. For all subsequent enrollments, check writers must meet personally with WCDP Coordinator.
  2. Criteria for 2nd Enrollment
    1. Pay $125 enrollment fee. ii. Restitution and fees must be paid within 15 days. This may be extended up to 30 days at the discretion of the district attorney.
    2. Apologize in writing to business.
  3. Criteria for 3rd Enrollment
    1. Pay $150 enrollment fee. ii. Restitution and fees must be paid within 15 days. This will not be extended.
    2. Apologize in person to business.
    3. Close all checking accounts and agree not to open another account for one (1) year.
    4. This is last enrollment. Any further worthless checks will be processed criminally.

Definition of Enrollment and fees

  1. An enrollment period covers 60 days from the date of the first worthless check. This time frame is used to determine, which enrollment fee applies (1st, 2nd, or 3rd). However, additional enrollment fees may apply if multiple worthless checks are written.
  2. All checks written within a 15-day timeframe are covered by one enrollment fee. If more checks are written outside of the 15-day timeframe, additional enrollment fees apply.
  3. A $35.00 service applies to every worthless check. This service fee is paid to the business.

Failure to comply with conditions of WCDP will result in criminal charges being filed against the check writer for each worthless check. Any money paid towards restitution or fees will be forfeited by check writer, if program is not completed successfully.