West Virginia Code 61-3-39m – Creation and operation of a program for worthless check offenders; acceptance of person in program
(a) A prosecuting attorney may create within his or her office a worthless check restitution program for persons who have violated sections thirty-nine or thirty-nine-a of this article. This program may be conducted by the prosecuting attorney in conjunction with a law-enforcement agency or by a private entity under contract with the prosecuting attorney.
Terms Used In West Virginia Code 61-3-39m
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Contract: A legal written agreement that becomes binding when signed.
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
(b) The prosecuting attorney may adopt standards to determine the appropriateness of an individual case for the program. In developing these standards, the prosecuting attorney should consider the following factors:
(1) The amount of the check, draft or order made, drawn, issued, uttered or delivered;
(2) The person's criminal record;
(3) The number of times the person has participated in the program; and
(4) The number of warrants or cases pending against the person for violations of sections thirty-nine or thirty-nine-a of this article.
(c) Except as provided in section thirty-nine-o of this article, nothing in this section shall preclude the prosecuting attorney from prosecuting violations of sections thirty-nine or thirty-nine-a of this article.
(d) Nothing in this section may be construed or interpreted to mandate funding for any worthless check restitution program created in a prosecuting attorney's office or to require any appropriation by the Legislature.
(e) Notwithstanding any other provision of law to the contrary, no case is appropriate for referral to the program unless notice has been provided pursuant to section thirty-nine-e or thirty-nine-g of this article.