South Carolina's prosecutors are starting a program in several
counties to give some bad-check writers a break if they repay
businesses where their checks bounced.
Under the program, those who write bad checks would have to agree
to make full restitution to avoid criminal charges, said William
Bilton, executive director of the state Prosecution Coordination
Commission.
Merchants would get their money back more quickly under the
program, which state lawmakers this year authorized for a one-year
trial, Bilton said.
"We've seen this program work in other states, particularly
Alabama, Mississippi, Oklahoma and Arkansas," Bilton said. "In other
states, these victims get their restitution a lot faster."
The program would be self-supporting with participants paying
fees, Bilton said.
Bounced checks cost South Carolina businesses at least $300
million a year, said Jim Hatchell, president of the S.C. Merchants
Association. "It never ends," Hatchell said. "As long as you're
taking checks, you've got a bad-check problem."
Next to shoplifting, bad-check writing is the most common crime
businesses must deal with, he said.
Hatchell said his organization, whose members range from Wal-Mart
to mom and pop stores, supports the pilot program.
The program would run initially in Lexington, Florence, York and
Dorchester counties, Bilton said.
Solicitors in those counties plan to make presentations to their
county councils in the next week or so, he said. Beaufort County
prosecutors also want to participate, he said.
In South Carolina, the criminal penalty for writing bad checks
ranges from a $50 fine and no jail time to 10 years in prison and a
$2,000 fine.
Prosecutors say most people do not intentionally bounce
checks.
"You get a lot of people who might not know how to balance a
checkbook but who are not necessarily bad criminals," said E.L.
Clements III, solicitor for Florence and Marion counties.
The program will ease the workload of magistrates, who spend a
good share of time on bad-check cases, Clements said.
Without the program, merchants who get bad checks must send
certified letters to the check writers seeking repayment, Clements
said. If those requests are not honored, the merchants must get
arrest warrants from magistrates, he said.
That costs business owners time and money, especially if they
have to testify in court, Clements said.
Under the pilot program, merchants will drop bad checks at their
solicitors' offices, Bilton said. Prosecutors will send bad-check
writers letters informing them of the bounced checks and offering
the chance to take part in the diversion program, he said.
If they don't respond, check writers will receive certified
letters from the solicitors ordering them to resolve the matter
within 10 day or face prosecution, Bilton said. Participants will
have to make full restitution, including returned-check fees, he
said.
The fee to participate in the program will depend on the amount
of the bounced check, ranging from $50 for checks of $500 or less to
$150 for checks of more than $1,000, Bilton said.
The program is intended for first-time offenders, although the
state budget proviso creating it doesn't specifically limit the
times a person can participate, he said.
The program is separate from the existing pre-trial intervention
diversion program, Bilton said.
The fees for the bad-check program are less costly than pre-trial
intervention, he said.