(f) The State’s Attorney, or private entity under contract with the State’s Attorney, may collect a fee from an offender diverted to the State’s Attorney’s bad check diversion program. This fee may be deposited in a bank account maintained by the State’s Attorney for the purpose of depositing fees and paying the expenses of the program or for use in the enforcement and prosecution of criminal laws. The State’s Attorney may require that the fee be paid directly to a private entity that administers the program under a contract with the State’s Attorney. The amount of the administrative fees collected by the State’s Attorney under the program may not exceed $35 per check. The county board may, however, by ordinance, increase the fees allowed by this Section if the increase is justified by an acceptable cost study showing that the fees allowed by this Section are not sufficient to cover the cost of providing the service.
(g)(2)(A) Each private entity that has a contract with the State’s Attorney to conduct a bad check diversion program shall at all times maintain a separate bank account in which all moneys received from the offenders participating in the program shall be deposited, referred to as a “trust account”, except that negotiable instruments received may be forwarded directly to a victim of the deceptive practice committed by the offender if that procedure is provided for by a writing executed by the victim. Moneys received shall be so deposited within 5 business days after posting to the private entity’s books of account. There shall be sufficient funds in the trust account at all times to pay the victims the amount due them.