Plain English Breakdown
The effective date of this law is unknown based on the provided metadata.
AB-2297: Restitution Rules for Diversion Programs
This law requires courts to order restitution payments when a defendant joins a diversion program, but it stops courts from denying these programs or saying someone failed just because they cannot afford the payment due to poverty or mental health issues.
What This Bill Does
- Requires courts to order restitution to victims when a defendant participates in a diversion program.
- Ensures defendants are informed of their right to have a hearing to decide how much money is owed before agreeing to pay.
- Orders that any required restitution must be paid while the person is in the diversion program if the court finds it is owed.
- Stops courts from denying diversion or saying someone failed just because they cannot pay due to poverty (indigence) or mental disorder.
- Pauses all restitution orders until criminal proceedings are resolved if a defendant leaves the program early or does not finish it.
Who It Names or Affects
- Defendants participating in court-ordered diversion programs
- Victims of crimes who may be owed money for their losses
- Courts that manage criminal cases and diversion terms
Terms To Know
- Restitution
- Money a person must pay to victims to cover the harm or loss caused by a crime.
- Diversion program
- A court option that delays criminal charges while a defendant completes specific requirements, often leading to dismissed charges if finished successfully.
Limits and Unknowns
- The law does not specify the exact amount of money owed; it only requires a process for determining the amount.
- It is unclear which specific diversion programs are covered without reviewing other existing statutes, as this bill applies to 'a number' of authorized programs.