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S.C. program lets bad-check writers avoid prosecution


Associated Press

COLUMBIA--People who write bad checks may be able to avoid criminal charges under a program started by South Carolina prosecutors.

The program, which legislators have authorized for a one-year trial, requires those who write bad checks to make full restitution to avoid charges, said William Bilton, executive director of the state Prosecution Coordination Commission.

"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."

Bounced checks cost South Carolina businesses at least $300 million a year, said Jim Hatchell, president of the South Carolina Merchants Association. "It never ends," he 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 faced by businesses, he said.

But 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 pilot program initially will run in Lexington, Florence, York and Dorchester counties, Bilton said. Beaufort County prosecutors also want to participate, he said.

Solicitors in those counties plan to make presentations to their county councils in the next week or so, 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.

The program will ease the workload of magistrates, who spend a good share of time on bad-check cases, Clements said.

Currently, merchants who receive 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, costing business owners time and money, he said.

Under the pilot program, merchants will send bad checks to their solicitors' offices, Bilton said. Prosecutors will send letters to the check writers, informing them of the bounced checks and offering them the chance to take part in the diversion program.

If they don't respond, check writers will receive certified letters from the solicitors ordering them to resolve the matter within 10 days or face prosecution, Bilton said. Participants will have to make full restitution, including returned-check fees, he said.

The program will be self-supporting with participants paying fees, Bilton said. The fee 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.

Although the program is intended for first-time offenders, the state budget proviso creating it doesn't limit the number of times a person can participate, he said.


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