Restitution: diversion

Victims can obtain restitution even when a case is diverted rather than ending in a conviction. A defendant’s indigence or mental disorder cannot alone block diversion or be treated as noncompliance with it.

What the law does ​

• Requires courts to order restitution in diversion cases after informing defendants of their right to a judicial determination and providing a hearing, a hearing waiver, or an agreement on the amount.
• Requires restitution payments during diversion when the court finds a victim is owed restitution.
• Makes diversion restitution orders enforceable as civil judgments if the defendant completes diversion.
• Suspends the diversion restitution order until criminal proceedings conclude if the defendant leaves or does not complete diversion.

Who it affects ​

• Crime victims who suffered economic losses from an offense resolved through diversion.
• Defendants participating in criminal diversion programs.
• Courts authorizing and overseeing diversion.

Context ​

Restitution covers victims’ economic losses and remains subject to a defendant’s right to contest the amount before a judge.