Restorative Justice: Bad Check Diversion Program

Milwaukee County District Attorney John Chisholm gave Ronald Dague an assignment:

Find a way to help give people who have written insufficient funds checks a way to avoid arrest and prosecution, while helping merchants and vendors to receive payments for the bad checks.

Ronald Dague, in 18 years as an assistant district attorney, has spent most of his career locking up the violent and dangerous criminals. That experience is why he was assigned to handle cold case homicides. However, his retail and business background prior to going to law school gave him the experience to take on this important assignment.

The Problem: People who write a check with insufficient funds for that check to clear their bank can be arrested and prosecuted under Wisconsin Statutes section 943.24 and/or the municipal ordinances. They end up with a court costs, fines and a criminal record. And frequently, the person that took the bad check never gets paid.

Solution: The Milwaukee County District Attorney Bad Check Diversion Program

How it Works: Insufficient funds checks, NSF, are referred to the diversion program, not the police. The check writer is sent a letter advising them of the educational based program which assists the check writer in learning about bank fees and budgetary and financial skills. The program works with the participant to collect and pay restitution to the vendor/merchant that took the bad check. Upon completion of the program, the check writer gets a letter advising them that there will be no criminal prosecution related to the bad check!

Who Benefits: EVERYONE!

The Check Writer avoids any criminal record whatsoever. No conviction, no arrest, no booking. And they receive training designed to help them keep their checking account in good standing in the future. (In other communities with a similar program, the recidivism rate is as low as 2%!)

The Merchant/Vendor/Contractor deals with a company whose only responsibility is to assist in handling insufficient checks. They pay no fees for their participation. And when the restitution is collected, the handling company forwards 100% to the group that took the check in payment. There is no discount or handling fee.

The Police are able to focus on more serious crimes and investigation because these cases are diverted out of the criminal justice system right from the start, freeing the police resources and time.

The Courts benefit by keeping cases out of the system that can be better handled with education and counseling instead of through prosecution and jails.

History of the Program

Ronald Dague took on the assignment to study the law and develop a program for Milwaukee County. The program became possible when the legislature wrote a new law, 971.41, giving the authority of the District Attorneys to create the programs. Ron solicited bids from appropriate organizations and committees and drafted the program criteria. He formed and chaired the committee that reviewed the proposals (RFP) and made the recommendation to DA John Chisholm.

ADA Ron Dague answered questions before the Judiciary, Safety and General Services committee of the Milwaukee County Board of Supervisors on January 22, 2009. The committee recommended the proposal 5-0. On February 5, the full Milwaukee County Board unanimously approved the program, giving the Milwaukee County District Attorney the go ahead to begin implementation.

It is anticipated that the program will be up and running in April of 2009.