CA Penal Code Section 1001.62

On receipt of a bad check case, the district attorney shall determine if the case is one which is appropriate to be referred to the bad check diversion program. In determining whether to refer a case to the bad check diversion program, the district attorney shall consider, but is not limited to, all of the following:

(a)

The amount of the bad check.

(b)

If the person has a prior criminal record or has previously been diverted.

(c)

The number of bad check grievances against the person previously received by the district attorney.

(d)

Whether there are other bad check grievances currently pending against the person.

(e)

The strength of the evidence, if any, of intent to defraud the victim.