Plain English Breakdown
The candidate explanation included claims that were not fully supported by the official source material.
Restitution in Diversion Programs
This law requires courts to order restitution for victims when defendants participate in certain diversion programs, provided that defendants are informed about their right to a judicial determination of the amount and can waive this hearing.
What This Bill Does
- Requires a court to order restitution to victims when a defendant participates in a diversion program if the defendant is informed of their rights regarding restitution hearings.
- Prohibits inability to pay due to poverty or mental health issues from being used against defendants in diversion programs.
Who It Names or Affects
- Victims of crimes
- Defendants participating in diversion programs
Terms To Know
- diversion program
- A program that allows a defendant to avoid formal criminal charges if they complete certain requirements.
- restitution
- Money or other compensation paid by someone who has caused harm to another person.
Limits and Unknowns
- The bill does not specify how the restitution will be collected from defendants who cannot pay.
- It is unclear what happens if a defendant withdraws from the diversion program after being ordered to pay restitution.