AB 2297: Restitution: diversion.
- Session Year: 2025-2026
- House: Assembly
- Latest Version Date: 2026-09-30
Current Status:
Passed
(2026-09-30: Chaptered by Secretary of State - Chapter 841, Statutes of 2026.)
Introduced
In Committee
Awaiting First Chamber Vote
Passed First Chamber
In Committee
Awaiting Second Chamber Vote
Passed Second Chamber
Enacted
What does this bill do?
The bill requires courts to order victims be paid restitution when a defendant enters a diversion program, as long as the defendant is told they can have a judge set the amount and is given a hearing, waives the hearing, or agrees to the amount. If restitution is owed the court must order payment during diversion, a defendant’s poverty or mental disorder cannot be used to deny diversion or to say they failed to comply, and any restitution order is suspended if the defendant withdraws from or fails to complete diversion until criminal proceedings are resolved.
The summary is provided by generative AI which can make mistakes. For original language, please view the details in the table below.
Existing law requires a court to, in every case where a person is convicted of a crime, order restitution to the victim or victims, as specified. Existing law creates and authorizes a number of diversion and deferred entry of judgment programs, which either defer entry of a plea of guilty by the defendant or postpone the proceedings of the case as long as the defendant participates in the program. Existing law requires the court to dismiss the plea or charges if the defendant has performed satisfactorily during the program.
This bill would require the court to order restitution to the victims or victims when a defendant participates in a diversion program, provided that the defendant is informed of their right to have a judicial determination of the amount of restitution and is provided with a hearing, waives a hearing, or stipulates to the amount of restitution ordered. If the court finds restitution is owed pursuant to this provision, the bill would require the court to order payment of restitution during the period of diversion. The bill would prohibit a defendants inability to pay restitution due to indigence or mental disorder from being grounds for denial of diversion or a finding that the defendant failed to comply with the terms of diversion. The bill would require an order for restitution to be suspended until the resolution of criminal proceedings if a defendant withdraws from diversion or fails to complete the terms of diversion.
Existing law requires a court to, in every case where a person is convicted of a crime, order restitution to the victim or victims, as specified. Existing law creates and authorizes a number of diversion and deferred entry of judgment programs, which either defer entry of a plea of guilty by the defendant or postpone the proceedings of the case as long as the defendant participates in the program. Existing law requires the court to dismiss the plea or charges if the defendant has performed satisfactorily during the program.
This bill would require the court to order restitution to the victims or victims when a defendant participates in a diversion program, provided that the defendant is informed of their right to have a judicial determination of the amount of restitution and is provided with a hearing, waives a hearing, or stipulates to the amount of restitution ordered. If the court finds restitution is owed pursuant to this provision, the bill would require the court to order payment of restitution during the period of diversion. The bill would prohibit a defendants inability to pay restitution due to indigence or mental disorder from being grounds for denial of diversion or a finding that the defendant failed to comply with the terms of diversion. The bill would require an order for restitution to be suspended until the resolution of criminal proceedings if a defendant withdraws from diversion or fails to complete the terms of diversion.
Existing law requires a court to, in every case where a person is convicted of a crime, order restitution to the victim or victims, as specified. Existing law creates and authorizes a number of diversion and deferred entry of judgment programs, which either defer entry of a plea of guilty by the defendant or postpone the proceedings of the case as long as the defendant participates in the program. Existing law requires the court to dismiss the plea or charges if the defendant has performed satisfactorily during the program.
This bill would require the court to order restitution to the victims or victims when a defendant participates in a diversion program, provided that the defendant is informed of their right to have a judicial determination of the amount of restitution and is provided with a hearing, waives a hearing, or stipulates to the amount of restitution ordered. If the court finds restitution is owed pursuant to this provision, the bill would require the court to order payment of restitution during the period of diversion. The bill would prohibit a defendants inability to pay restitution due to indigence or mental disorder from being grounds for denial of diversion or a finding that the defendant failed to comply with the terms of diversion. The bill would require an order for restitution to be suspended until the resolution of criminal proceedings if a defendant withdraws from diversion or fails to complete the terms of diversion.
Existing law requires a court to, in every case where a person is convicted of a crime, order restitution to the victim or victims, as specified. Existing law creates and authorizes a number of diversion and deferred entry of judgment programs, which either defer entry of a plea of guilty by the defendant or postpone the proceedings of the case as long as the defendant participates in the program. Existing law requires the court to dismiss the plea or charges if the defendant has performed satisfactorily during the program.
This bill would require the court to order restitution to the victims or victims when a defendant participates in a diversion program, provided that the defendant is informed of their right to have a judicial determination of the amount of restitution and is provided with a hearing, waives a hearing, or stipulates to the amount of restitution ordered. The bill would prohibit a defendants inability to pay restitution due to indigence or mental disorder from being grounds for denial of diversion or a finding that the defendant failed to comply with the terms of diversion.
(a)(1)It is the intent of the Legislature that a victim of a crime who incurs an economic loss as a result of the commission of a crime shall receive restitution directly from a defendant convicted of that crime or who enters a diversion program resulting from that crime.
(2)Upon a person being convicted of a crime in the State of California, the court shall order the defendant to pay a fine in the form of a penalty assessment in accordance with Section 1464.
(3)The court, in addition to any other penalty provided or imposed under the law, shall order the defendant to pay both of the following:
(A)A restitution fine in accordance with subdivision (b).
(B)Restitution to the victim or victims, if any, in accordance with subdivision (f), which shall be enforceable as if the order were a civil judgment and shall be paid as specified in subdivision (i).
(4)(A)The court shall order restitution to the victim or victims, if any, in accordance with subdivision (f), which shall be enforceable as if the order were a civil judgment, and shall be paid as specified in subdivision (i), when a defendant participates in a diversion program, provided that the defendant is informed of their right to have a judicial determination of the amount and is provided with a hearing, waives a hearing, or stipulates to the amount of restitution ordered. If the court finds that restitution is owed to any victim as a result of the diverted offense, the court shall order its payment during the period of diversion. A defendants inability to pay restitution due to indigence or mental disorder shall not be grounds for denial of diversion or a finding that the defendant has failed to comply with the terms of diversion.
(B)If the defendant withdraws from diversion or fails to complete the terms of diversion, a restitution order under this paragraph shall be suspended until criminal proceedings are resolved.
(C)If the defendant completes diversion, an order under this paragraph may be enforced pursuant to Section 1214.
(b)In every case where a person is convicted of a crime, the court shall impose a separate and additional restitution fine, unless it finds compelling and extraordinary reasons for not doing so and states those reasons on the record.
(1)The restitution fine shall be set at the discretion of the court and commensurate with the seriousness of the offense. If the person is convicted of a felony, the fine shall not be less than three hundred dollars ($300) and not more than ten thousand dollars ($10,000). If the person is convicted of a misdemeanor, the fine shall not be less than one hundred fifty dollars ($150) and not more than one thousand dollars ($1,000).
(2)In setting a felony restitution fine, the court may determine the amount of the fine as the product of the minimum fine pursuant to paragraph (1) multiplied by the number of years of imprisonment the defendant is ordered to serve, multiplied by the number of felony counts of which the defendant is convicted.
(c)The court shall impose the restitution fine unless it finds compelling and extraordinary reasons for not doing so and states those reasons on the record. A defendants inability to pay shall not be considered a compelling and extraordinary reason not to impose a restitution fine. Inability to pay may be considered only in increasing the amount of the restitution fine in excess of the minimum fine pursuant to paragraph (1) of subdivision (b). The court may specify that funds confiscated at the time of the defendants arrest, except for funds confiscated pursuant to Chapter 8 (commencing with Section 11469) of Division 10 of the Health and Safety Code, be applied to the restitution fine if the funds are not exempt for spousal or child support or subject to any other legal exemption.
(d)In setting the amount of the fine pursuant to subdivision (b) in excess of the minimum fine pursuant to paragraph (1) of subdivision (b), the court shall consider any relevant factors, including, but not limited to, the defendants inability to pay, the seriousness and gravity of the offense and the circumstances of its commission, any economic gain derived by the defendant as a result of the crime, the extent to which any other person suffered losses as a result of the crime, and the number of victims involved in the crime. Those losses may include pecuniary losses to the victim or the victims dependents as well as intangible losses, such as psychological harm caused by the crime. Consideration of a defendants inability to pay may include the defendants future earning capacity. A defendant shall bear the burden of demonstrating the defendants inability to pay. Express findings by the court as to the factors bearing on the amount of the fine shall not be required. A separate hearing for the fine shall not be required.
(e)The restitution fine shall not be subject to penalty assessments authorized in Section 1464 or Chapter 12 (commencing with Section 76000) of Title 8 of the Government Code, or the state surcharge authorized in Section 1465.7, and shall be deposited in the Restitution Fund in the State Treasury.
(f)Except as provided in subdivisions (p) and (q), in every case in which a victim has suffered economic loss as a result of the defendants conduct, the court shall require that the defendant make restitution to the victim or victims in an amount established by court order, based on the amount of loss claimed by the victim or victims or any other showing to the court. If the amount of loss cannot be ascertained at the time of sentencing, the restitution order shall include a provision that the amount shall be determined at the direction of the court. The court shall order full restitution. The court may specify that funds confiscated at the time of the defendants arrest, except for funds confiscated pursuant to Chapter 8 (commencing with Section 11469) of Division 10 of the Health and Safety Code, be applied to the restitution order if the funds are not exempt for spousal or child support or subject to any other legal exemption.
(1)The defendant has the right to a hearing before a judge to dispute the determination of the amount of restitution. The court may modify the amount, on its own motion or on the motion of the district attorney, the victim or victims, or the defendant. If a motion is made for modification of a restitution order, the victim shall be notified of that motion at least 10 days prior to the proceeding held to decide the motion. A victim at a restitution hearing or modification hearing described in this paragraph may testify by live, two-way audio and video transmission, if testimony by live, two-way audio and video transmission is available at the court.
(2)Determination of the amount of restitution ordered pursuant to this subdivision shall not be affected by the indemnification or subrogation rights of a third party. Restitution ordered pursuant to this subdivision shall be ordered to be deposited in the Restitution Fund to the extent that the victim, as defined in subdivision (k), has received assistance from the California Victim Compensation Board pursuant to Chapter 5 (commencing with Section 13950) of Part 4 of Division 3 of Title 2 of the Government Code.
(3)To the extent possible, the restitution order shall be prepared by the sentencing court, or the court authorizing diversion, shall identify each victim and each loss to which it pertains, and shall be of a dollar amount that is sufficient to fully reimburse the victim or victims for every determined economic loss incurred as the result of the defendants criminal conduct, including, but not limited to, all of the following:
(A)Full or partial payment for the value of stolen or damaged property. The value of stolen or damaged property shall be the replacement cost of like property, or the actual cost of repairing the property when repair is possible.
(B)Medical expenses.
(C)Mental health counseling expenses.
(D)Wages or profits lost due to injury incurred by the victim, and if the victim is a minor, wages or profits lost by the minors parent, parents, guardian, or guardians, while caring for the injured minor. Lost wages shall include commission income as well as base wages. Commission income shall be established by evidence of commission income during the 12-month period prior to the date of the crime for which restitution is being ordered, unless good cause for a shorter time period is shown.
(E)Wages or profits lost by the victim, and if the victim is a minor, wages or profits lost by the minors parent, parents, guardian, or guardians, due to time spent as a witness or in assisting the police or prosecution. Lost wages shall include commission income as well as base wages. Commission income shall be established by evidence of commission income during the 12-month period prior to the date of the crime for which restitution is being ordered, unless good cause for a shorter time period is shown.
(F)Noneconomic losses, including, but not limited to, psychological harm, for felony violations of Section 288, 288.5, or 288.7.
(G)Interest, at the rate of 10 percent per annum, that accrues as of the date of sentencing or loss, as determined by the court.
(H)Actual and reasonable attorneys fees and other costs of collection accrued by a private entity on behalf of the victim.
(I)Expenses incurred by an adult victim in relocating away from the defendant, including, but not limited to, deposits for utilities and telephone service, deposits for rental housing, temporary lodging and food expenses, clothing, and personal items. Expenses incurred pursuant to this section shall be verified by law enforcement to be necessary for the personal safety of the victim or by a mental health treatment provider to be necessary for the emotional well-being of the victim.
(J)Expenses to install or increase residential security incurred related to a violation of Section 273.5, or a violent felony as defined in subdivision (c) of Section 667.5, including, but not limited to, a home security device or system, or replacing or increasing the number of locks.
(K)Expenses to retrofit a residence or vehicle, or both, to make the residence accessible to or the vehicle operational by the victim, if the victim is permanently disabled, whether the disability is partial or total, as a direct result of the crime.
(L)Expenses for a period of time reasonably necessary to make the victim whole, for the costs to monitor the credit report of, and for the costs to repair the credit of, a victim of identity theft, as defined in Section 530.5.
(4)(A)If, as a result of the defendants conduct, the Restitution Fund has provided assistance to or on behalf of a victim or derivative victim pursuant to Chapter 5 (commencing with Section 13950) of Part 4 of Division 3 of Title 2 of the Government Code, the amount of assistance provided shall be presumed to be a direct result of the defendants criminal conduct and shall be included in the amount of the restitution ordered.
(B)The amount of assistance provided by the Restitution Fund shall be established by copies of bills submitted to the California Victim Compensation Board reflecting the amount paid by the board and whether the services for which payment was made were for medical or dental expenses, funeral or burial expenses, mental health counseling, wage or support losses, or rehabilitation. Certified copies of these bills provided by the board and redacted to protect the privacy and safety of the victim or any legal privilege, together with a statement made under penalty of perjury by the custodian of records that those bills were submitted to and were paid by the board, shall be sufficient to meet this requirement.
(C)If the defendant offers evidence to rebut the presumption established by this paragraph, the court may release additional information contained in the records of the board to the defendant only after reviewing that information in camera and finding that the information is necessary for the defendant to dispute the amount of the restitution order.
(5)Except as provided in paragraph (6), in any case in which an order may be entered pursuant to this subdivision, the defendant shall prepare and file a disclosure identifying all assets, income, and liabilities in which the defendant held or controlled a present or future interest as of the date of the defendants arrest for the crime for which restitution may be ordered. The financial disclosure statements shall be made available to the victim and the board pursuant to Section 1214. The disclosure shall be signed by the defendant upon a form approved or adopted by the Judicial Council for the purpose of facilitating the disclosure. A defendant who willfully states as true a material matter that the defendant knows to be false on the disclosure required by this subdivision is guilty of a misdemeanor, unless this conduct is punishable as perjury or another provision of law provides for a greater penalty.
(6)A defendant who fails to file the financial disclosure required in paragraph (5), but who has filed a financial affidavit or financial information pursuant to subdivision (c) of Section 987, shall be deemed to have waived the confidentiality of that affidavit or financial information as to a victim in whose favor the order of restitution is entered pursuant to subdivision (f). The affidavit or information shall serve in lieu of the financial disclosure required in paragraph (5), and paragraphs (7) to (10), inclusive, shall not apply.
(7)Except as provided in paragraph (6), the defendant shall file the disclosure with the clerk of the court no later than the date set for the defendants sentencing, unless otherwise directed by the court. The disclosure may be inspected or copied as provided by subdivision (b), (c), or (d) of Section 1203.05.
(8)In its discretion, the court may relieve the defendant of the duty under paragraph (7) of filing with the clerk by requiring that the defendants disclosure be submitted as an attachment to, and be available to, those authorized to receive the following:
(A)A report submitted pursuant to subparagraph (D) of paragraph (2) of subdivision (b) of Section 1203 or subdivision (g) of Section 1203.
(B)A stipulation submitted pursuant to paragraph (4) of subdivision (b) of Section 1203.
(C)A report by the probation officer, or information submitted by the defendant applying for a conditional sentence pursuant to subdivision (d) of Section 1203.
(9)The court may consider a defendants unreasonable failure to make a complete disclosure pursuant to paragraph (5) as any of the following:
(A)A circumstance in aggravation of the crime in imposing a term under subdivision (b) of Section 1170.
(B)A factor indicating that the interests of justice would not be served by admitting the defendant to probation under Section 1203.
(C)A factor indicating that the interests of justice would not be served by conditionally sentencing the defendant under Section 1203.
(D)A factor indicating that the interests of justice would not be served by imposing less than the maximum fine and sentence fixed by law for the case.
(10)A defendants failure or refusal to make the required disclosure pursuant to paragraph (5) shall not delay entry of an order of restitution or pronouncement of sentence. In appropriate cases, the court may do any of the following:
(A)Require the defendant to be examined by the district attorney pursuant to subdivision (h).
(B)If sentencing the defendant under Section 1170, provide that the victim shall receive a copy of the portion of the probation report filed pursuant to Section 1203.10 concerning the defendants employment, occupation, finances, and liabilities.
(C)If sentencing the defendant under Section 1203, set a date and place for submission of the disclosure required by paragraph (5) as a condition of probation or suspended sentence.
(11)If a defendant has any remaining unpaid balance on a restitution order or fine 120 days prior to the defendants scheduled release from probation or 120 days prior to the defendants completion of a conditional sentence, the defendant shall prepare and file a new and updated financial disclosure identifying all assets, income, and liabilities in which the defendant holds or controls or has held or controlled a present or future interest during the defendants period of probation or conditional sentence. The financial disclosure shall be made available to the victim and the board pursuant to Section 1214. The disclosure shall be signed and prepared by the defendant on the same form as described in paragraph (5). A defendant who willfully states as true a material matter that the defendant knows to be false on the disclosure required by this subdivision is guilty of a misdemeanor, unless this conduct is punishable as perjury or another provision of law provides for a greater penalty. The financial disclosure required by this paragraph shall be filed with the clerk of the court no later than 90 days prior to the defendants scheduled release from probation or completion of the defendants conditional sentence.
(12)In cases where an employer is convicted of a crime against an employee, a payment to the employee or the employees dependent that is made by the employers workers compensation insurance carrier shall not be used to offset the amount of the restitution order unless the court finds that the defendant substantially met the obligation to pay premiums for that insurance coverage.
(g)A defendants inability to pay shall not be a consideration in determining the amount of a restitution order.
(h)The district attorney may request an order of examination pursuant to the procedures specified in Article 2 (commencing with Section 708.110) of Chapter 6 of Division 2 of Title 9 of Part 2 of the Code of Civil Procedure, in order to determine the defendants financial assets for purposes of collecting on the restitution order.
(i)A restitution order imposed pursuant to subdivision (f) shall be enforceable as if the order were a civil judgment and shall be paid before all fines, restitution fines, penalty assessments, and other fees imposed on a criminal defendant, including, but not limited to, Sections 70372, 76000, 76000.5, 76104.6, and 76104.7 of the Government Code, and Sections 1464 and 1465.7 of this code.
(j)The making of a restitution order pursuant to subdivision (f) shall not affect the right of a victim to recovery from the Restitution Fund as otherwise provided by law, except to the extent that restitution is actually collected pursuant to the order. Restitution collected pursuant to this subdivision shall be credited to any other judgments for the same losses obtained against the defendant arising out of the crime for which the defendant was convicted.
(k)For purposes of this section, victim shall include all of the following:
(1)The immediate surviving family of the actual victim.
(2)A corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity when that entity is a direct victim of a crime.
(3)A person who has sustained economic loss as the result of a crime and who satisfies any of the following conditions:
(A)At the time of the crime was the parent, grandparent, sibling, spouse, child, or grandchild of the victim.
(B)At the time of the crime was living in the household of the victim.
(C)At the time of the crime was a person who had previously lived in the household of the victim for a period of not less than two years in a relationship substantially similar to a relationship listed in subparagraph (A).
(D)Is another family member of the victim, including, but not limited to, the victims fiance, and who witnessed the crime.
(E)Is the primary caretaker of a minor victim.
(4)A person who is eligible to receive assistance from the Restitution Fund pursuant to Chapter 5 (commencing with Section 13950) of Part 4 of Division 3 of Title 2 of the Government Code.
(5)A governmental entity that is responsible for repairing, replacing, or restoring public or privately owned property that has been defaced with graffiti or other inscribed material, as defined in subdivision (e) of Section 594, and that has sustained an economic loss as the result of a violation of Section 594, 594.3, 594.4, 640.5, 640.6, or 640.7.
(l)In every case in which the defendant is granted probation, the court shall make the payment of restitution fines and orders imposed pursuant to this section a condition of probation. Any portion of a restitution order that remains unsatisfied after a defendant is no longer on probation shall continue to be enforceable by a victim pursuant to Section 1214 until the obligation is satisfied.
(m)If the court finds and states on the record compelling and extraordinary reasons why a restitution fine should not be required, the court shall order, as a condition of probation, that the defendant perform specified community service, unless it finds and states on the record compelling and extraordinary reasons not to require community service in addition to the finding that a restitution fine should not be required. Upon revocation of probation, the court shall impose the restitution fine pursuant to this section.
(n)The provisions of Section 13963 of the Government Code shall apply to restitution imposed pursuant to this section.
(o)The court clerk shall notify the California Victim Compensation and Government Claims Board within 90 days of an order of restitution being imposed if the defendant is ordered to pay restitution to the board due to the victim receiving compensation from the Restitution Fund. Notification shall be accomplished by mailing a copy of the court order to the board, which may be done periodically by bulk mail or email.
(p)Upon conviction for a violation of Section 236.1, the court shall, in addition to any other penalty or restitution, order the defendant to pay restitution to the victim in a case in which a victim has suffered economic loss as a result of the defendants conduct. The court shall require that the defendant make restitution to the victim or victims in an amount established by court order, based on the amount of loss claimed by the victim or victims or another showing to the court. In determining restitution pursuant to this section, the court shall base its order upon the greater of the following: the gross value of the victims labor or services based upon the comparable value of similar services in the labor market in which the offense occurred, or the value of the victims labor as guaranteed under California law, or the actual income derived by the defendant from the victims labor or services or any other appropriate means to provide reparations to the victim.
(q)(1)In addition to any other penalty or fine, the court shall order a person who has been convicted of a violation of Section 350, 653h, 653s, 653u, 653w, or 653aa that involves a recording or audiovisual work to make restitution to an owner or lawful producer, or trade association acting on behalf of the owner or lawful producer, of a phonograph record, disc, wire, tape, film, or other device or article from which sounds or visual images are derived that suffered economic loss resulting from the violation. The order of restitution shall be based on the aggregate wholesale value of lawfully manufactured and authorized devices or articles from which sounds or visual images are devised corresponding to the number of nonconforming devices or articles involved in the offense, unless a higher value can be proved in the case of (A) an unreleased audio work, or (B) an audiovisual work that, at the time of unauthorized distribution, has not been made available in copies for sale to the general public in the United States on a digital versatile disc. For purposes of this subdivision, possession of nonconforming devices or articles intended for sale constitutes actual economic loss to an owner or lawful producer in the form of displaced legitimate wholesale purchases. The order of restitution shall also include reasonable costs incurred as a result of an investigation of the violation undertaken by the owner, lawful producer, or trade association acting on behalf of the owner or lawful producer. Aggregate wholesale value means the average wholesale value of lawfully manufactured and authorized sound or audiovisual recordings. Proof of the specific wholesale value of each nonconforming device or article is not required.
(2)As used in this subdivision, audiovisual work and recording shall have the same meaning as in Section 653w.
(r)(1)If a corporation, as defined in Section 1398, is convicted of a misdemeanor or felony offense, the court shall impose a separate and additional restitution fine, unless it finds compelling and extraordinary reasons for not doing so and states those reasons on the record.
(2)The court may determine the amount of the restitution fine. The fine shall be commensurate with the seriousness of the offense. If the corporation is convicted of a felony, the fine shall not be more than one hundred thousand dollars ($100,000). If the corporation is convicted of a misdemeanor, the fine shall not be more than one thousand dollars ($1,000).
(3)Any moneys collected pursuant to this subdivision shall be distributed as follows:
(A)Seventy-five percent shall be deposited into the California Crime Victims Fund established under Section 13839.
(B)Twenty-five percent shall be distributed as follows:
(i)If the action was brought by the Department of Justice, the moneys shall be deposited in a special account in the General Fund, and, upon appropriation, may be expended by the Department of Justice to offset costs incurred for investigation and prosecution.
(ii)If the action was brought by a district attorney or county counsel, the moneys shall be paid to the treasurer of the county in which the judgment is entered.
(iii)If the action was brought by a city attorney or city prosecutor, one-half of the moneys shall be paid to the treasurer of the county in which the judgment was entered and one-half to the city, except that if the action was brought by a city attorney of a city and county the entire amount of the moneys shall be paid to the treasurer of the city and county in which the judgment is entered.
(a)(1)It is the intent of the Legislature that a victim of a crime who incurs an economic loss as a result of the commission of a crime shall receive restitution directly from a defendant convicted of that crime or who enters a diversion program resulting from that crime.
(2)Upon a person being convicted of a crime in the State of California, the court shall order the defendant to pay a fine in the form of a penalty assessment in accordance with Section 1464.
(3)The court, in addition to any other penalty provided or imposed under the law, shall order the defendant to pay both of the following:
(A)A restitution fine in accordance with subdivision (b).
(B)Restitution to the victim or victims, if any, in accordance with subdivision (f), which shall be enforceable as if the order were a civil judgment and shall be paid as specified in subdivision (i).
(4)(A)The court shall order restitution to the victim or victims, if any, in accordance with subdivision (f), which shall be enforceable as if the order were a civil judgment, and shall be paid as specified in subdivision (i), when a defendant participates in a diversion program, provided that the defendant is informed of their right to have a judicial determination of the amount and is provided with a hearing, waives a hearing, or stipulates to the amount of restitution ordered. If the court finds that restitution is owed to any victim as a result of the diverted offense, the court shall order its payment during the period of diversion. A defendants inability to pay restitution due to indigence or mental disorder shall not be grounds for denial of diversion or a finding that the defendant has failed to comply with the terms of diversion.
(B)If the defendant withdraws from diversion or fails to complete the terms of diversion, a restitution order under this paragraph shall be suspended until criminal proceedings are resolved.
(C)If the defendant completes diversion, an order under this paragraph may be enforced pursuant to Section 1214.
(b)In every case where a person is convicted of a crime, the court shall impose a separate and additional restitution fine, unless it finds compelling and extraordinary reasons for not doing so and states those reasons on the record.
(1)The restitution fine shall be set at the discretion of the court and commensurate with the seriousness of the offense. If the person is convicted of a felony, the fine shall not be less than three hundred dollars ($300) and not more than ten thousand dollars ($10,000). If the person is convicted of a misdemeanor, the fine shall not be less than one hundred fifty dollars ($150) and not more than one thousand dollars ($1,000).
(2)In setting a felony restitution fine, the court may determine the amount of the fine as the product of the minimum fine pursuant to paragraph (1) multiplied by the number of years of imprisonment the defendant is ordered to serve, multiplied by the number of felony counts of which the defendant is convicted.
(c)The court shall impose the restitution fine unless it finds compelling and extraordinary reasons for not doing so and states those reasons on the record. A defendants inability to pay shall not be considered a compelling and extraordinary reason not to impose a restitution fine. Inability to pay may be considered only in increasing the amount of the restitution fine in excess of the minimum fine pursuant to paragraph (1) of subdivision (b). The court may specify that funds confiscated at the time of the defendants arrest, except for funds confiscated pursuant to Chapter 8 (commencing with Section 11469) of Division 10 of the Health and Safety Code, be applied to the restitution fine if the funds are not exempt for spousal or child support or subject to any other legal exemption.
(d)In setting the amount of the fine pursuant to subdivision (b) in excess of the minimum fine pursuant to paragraph (1) of subdivision (b), the court shall consider any relevant factors, including, but not limited to, the defendants inability to pay, the seriousness and gravity of the offense and the circumstances of its commission, any economic gain derived by the defendant as a result of the crime, the extent to which any other person suffered losses as a result of the crime, and the number of victims involved in the crime. Those losses may include pecuniary losses to the victim or the victims dependents as well as intangible losses, such as psychological harm caused by the crime. Consideration of a defendants inability to pay may include the defendants future earning capacity. A defendant shall bear the burden of demonstrating the defendants inability to pay. Express findings by the court as to the factors bearing on the amount of the fine shall not be required. A separate hearing for the fine shall not be required.
(e)The restitution fine shall not be subject to penalty assessments authorized in Section 1464 or Chapter 12 (commencing with Section 76000) of Title 8 of the Government Code, or the state surcharge authorized in Section 1465.7, and shall be deposited in the Restitution Fund in the State Treasury.
(f)Except as provided in subdivisions (p) and (q), in every case in which a victim has suffered economic loss as a result of the defendants conduct, the court shall require that the defendant make restitution to the victim or victims in an amount established by court order, based on the amount of loss claimed by the victim or victims or any other showing to the court. If the amount of loss cannot be ascertained at the time of sentencing, the restitution order shall include a provision that the amount shall be determined at the direction of the court. The court shall order full restitution. The court may specify that funds confiscated at the time of the defendants arrest, except for funds confiscated pursuant to Chapter 8 (commencing with Section 11469) of Division 10 of the Health and Safety Code, be applied to the restitution order if the funds are not exempt for spousal or child support or subject to any other legal exemption.
(1)The defendant has the right to a hearing before a judge to dispute the determination of the amount of restitution. The court may modify the amount, on its own motion or on the motion of the district attorney, the victim or victims, or the defendant. If a motion is made for modification of a restitution order, the victim shall be notified of that motion at least 10 days prior to the proceeding held to decide the motion. A victim at a restitution hearing or modification hearing described in this paragraph may testify by live, two-way audio and video transmission, if testimony by live, two-way audio and video transmission is available at the court.
(2)Determination of the amount of restitution ordered pursuant to this subdivision shall not be affected by the indemnification or subrogation rights of a third party. Restitution ordered pursuant to this subdivision shall be ordered to be deposited in the Restitution Fund to the extent that the victim, as defined in subdivision (k), has received assistance from the California Victim Compensation Board pursuant to Chapter 5 (commencing with Section 13950) of Part 4 of Division 3 of Title 2 of the Government Code.
(3)To the extent possible, the restitution order shall be prepared by the sentencing court, or the court authorizing diversion, shall identify each victim and each loss to which it pertains, and shall be of a dollar amount that is sufficient to fully reimburse the victim or victims for every determined economic loss incurred as the result of the defendants criminal conduct, including, but not limited to, all of the following:
(A)Full or partial payment for the value of stolen or damaged property. The value of stolen or damaged property shall be the replacement cost of like property, or the actual cost of repairing the property when repair is possible.
(B)Medical expenses.
(C)Mental health counseling expenses.
(D)Wages or profits lost due to injury incurred by the victim, and if the victim is a minor, wages or profits lost by the minors parent, parents, guardian, or guardians, while caring for the injured minor. Lost wages shall include commission income as well as base wages. Commission income shall be established by evidence of commission income during the 12-month period prior to the date of the crime for which restitution is being ordered, unless good cause for a shorter time period is shown.
(E)Wages or profits lost by the victim, and if the victim is a minor, wages or profits lost by the minors parent, parents, guardian, or guardians, due to time spent as a witness or in assisting the police or prosecution. Lost wages shall include commission income as well as base wages. Commission income shall be established by evidence of commission income during the 12-month period prior to the date of the crime for which restitution is being ordered, unless good cause for a shorter time period is shown.
(F)Noneconomic losses, including, but not limited to, psychological harm, for felony violations of Section 288, 288.5, or 288.7.
(G)Interest, at the rate of 10 percent per annum, that accrues as of the date of sentencing or loss, as determined by the court.
(H)Actual and reasonable attorneys fees and other costs of collection accrued by a private entity on behalf of the victim.
(I)Expenses incurred by an adult victim in relocating away from the defendant, including, but not limited to, deposits for utilities and telephone service, deposits for rental housing, temporary lodging and food expenses, clothing, and personal items. Expenses incurred pursuant to this section shall be verified by law enforcement to be necessary for the personal safety of the victim or by a mental health treatment provider to be necessary for the emotional well-being of the victim.
(J)Expenses to install or increase residential security incurred related to a violation of Section 273.5, or a violent felony as defined in subdivision (c) of Section 667.5, including, but not limited to, a home security device or system, or replacing or increasing the number of locks.
(K)Expenses to retrofit a residence or vehicle, or both, to make the residence accessible to or the vehicle operational by the victim, if the victim is permanently disabled, whether the disability is partial or total, as a direct result of the crime.
(L)Expenses for a period of time reasonably necessary to make the victim whole, for the costs to monitor the credit report of, and for the costs to repair the credit of, a victim of identity theft, as defined in Section 530.5.
(4)(A)If, as a result of the defendants conduct, the Restitution Fund has provided assistance to or on behalf of a victim or derivative victim pursuant to Chapter 5 (commencing with Section 13950) of Part 4 of Division 3 of Title 2 of the Government Code, the amount of assistance provided shall be presumed to be a direct result of the defendants criminal conduct and shall be included in the amount of the restitution ordered.
(B)The amount of assistance provided by the Restitution Fund shall be established by copies of bills submitted to the California Victim Compensation Board reflecting the amount paid by the board and whether the services for which payment was made were for medical or dental expenses, funeral or burial expenses, mental health counseling, wage or support losses, or rehabilitation. Certified copies of these bills provided by the board and redacted to protect the privacy and safety of the victim or any legal privilege, together with a statement made under penalty of perjury by the custodian of records that those bills were submitted to and were paid by the board, shall be sufficient to meet this requirement.
(C)If the defendant offers evidence to rebut the presumption established by this paragraph, the court may release additional information contained in the records of the board to the defendant only after reviewing that information in camera and finding that the information is necessary for the defendant to dispute the amount of the restitution order.
(5)Except as provided in paragraph (6), in any case in which an order may be entered pursuant to this subdivision, the defendant shall prepare and file a disclosure identifying all assets, income, and liabilities in which the defendant held or controlled a present or future interest as of the date of the defendants arrest for the crime for which restitution may be ordered. The financial disclosure statements shall be made available to the victim and the board pursuant to Section 1214. The disclosure shall be signed by the defendant upon a form approved or adopted by the Judicial Council for the purpose of facilitating the disclosure. A defendant who willfully states as true a material matter that the defendant knows to be false on the disclosure required by this subdivision is guilty of a misdemeanor, unless this conduct is punishable as perjury or another provision of law provides for a greater penalty.
(6)A defendant who fails to file the financial disclosure required in paragraph (5), but who has filed a financial affidavit or financial information pursuant to subdivision (c) of Section 987, shall be deemed to have waived the confidentiality of that affidavit or financial information as to a victim in whose favor the order of restitution is entered pursuant to subdivision (f). The affidavit or information shall serve in lieu of the financial disclosure required in paragraph (5), and paragraphs (7) to (10), inclusive, shall not apply.
(7)Except as provided in paragraph (6), the defendant shall file the disclosure with the clerk of the court no later than the date set for the defendants sentencing, unless otherwise directed by the court. The disclosure may be inspected or copied as provided by subdivision (b), (c), or (d) of Section 1203.05.
(8)In its discretion, the court may relieve the defendant of the duty under paragraph (7) of filing with the clerk by requiring that the defendants disclosure be submitted as an attachment to, and be available to, those authorized to receive the following:
(A)A report submitted pursuant to subparagraph (D) of paragraph (2) of subdivision (b) of Section 1203 or subdivision (g) of Section 1203.
(B)A stipulation submitted pursuant to paragraph (4) of subdivision (b) of Section 1203.
(C)A report by the probation officer, or information submitted by the defendant applying for a conditional sentence pursuant to subdivision (d) of Section 1203.
(9)The court may consider a defendants unreasonable failure to make a complete disclosure pursuant to paragraph (5) as any of the following:
(A)A circumstance in aggravation of the crime in imposing a term under subdivision (b) of Section 1170.
(B)A factor indicating that the interests of justice would not be served by admitting the defendant to probation under Section 1203.
(C)A factor indicating that the interests of justice would not be served by conditionally sentencing the defendant under Section 1203.
(D)A factor indicating that the interests of justice would not be served by imposing less than the maximum fine and sentence fixed by law for the case.
(10)A defendants failure or refusal to make the required disclosure pursuant to paragraph (5) shall not delay entry of an order of restitution or pronouncement of sentence. In appropriate cases, the court may do any of the following:
(A)Require the defendant to be examined by the district attorney pursuant to subdivision (h).
(B)If sentencing the defendant under Section 1170, provide that the victim shall receive a copy of the portion of the probation report filed pursuant to Section 1203.10 concerning the defendants employment, occupation, finances, and liabilities.
(C)If sentencing the defendant under Section 1203, set a date and place for submission of the disclosure required by paragraph (5) as a condition of probation or suspended sentence.
(11)If a defendant has any remaining unpaid balance on a restitution order or fine 120 days prior to the defendants scheduled release from probation or 120 days prior to the defendants completion of a conditional sentence, the defendant shall prepare and file a new and updated financial disclosure identifying all assets, income, and liabilities in which the defendant holds or controls or has held or controlled a present or future interest during the defendants period of probation or conditional sentence. The financial disclosure shall be made available to the victim and the board pursuant to Section 1214. The disclosure shall be signed and prepared by the defendant on the same form as described in paragraph (5). A defendant who willfully states as true a material matter that the defendant knows to be false on the disclosure required by this subdivision is guilty of a misdemeanor, unless this conduct is punishable as perjury or another provision of law provides for a greater penalty. The financial disclosure required by this paragraph shall be filed with the clerk of the court no later than 90 days prior to the defendants scheduled release from probation or completion of the defendants conditional sentence.
(12)In cases where an employer is convicted of a crime against an employee, a payment to the employee or the employees dependent that is made by the employers workers compensation insurance carrier shall not be used to offset the amount of the restitution order unless the court finds that the defendant substantially met the obligation to pay premiums for that insurance coverage.
(g)A defendants inability to pay shall not be a consideration in determining the amount of a restitution order.
(h)The district attorney may request an order of examination pursuant to the procedures specified in Article 2 (commencing with Section 708.110) of Chapter 6 of Division 2 of Title 9 of Part 2 of the Code of Civil Procedure, in order to determine the defendants financial assets for purposes of collecting on the restitution order.
(i)A restitution order imposed pursuant to subdivision (f) shall be enforceable as if the order were a civil judgment and shall be paid before all fines, restitution fines, penalty assessments, and other fees imposed on a criminal defendant, including, but not limited to, Sections 70372, 76000, 76000.5, 76104.6, and 76104.7 of the Government Code, and Sections 1464 and 1465.7 of this code.
(j)The making of a restitution order pursuant to subdivision (f) shall not affect the right of a victim to recovery from the Restitution Fund as otherwise provided by law, except to the extent that restitution is actually collected pursuant to the order. Restitution collected pursuant to this subdivision shall be credited to any other judgments for the same losses obtained against the defendant arising out of the crime for which the defendant was convicted.
(k)For purposes of this section, victim shall include all of the following:
(1)The immediate surviving family of the actual victim.
(2)A corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity when that entity is a direct victim of a crime.
(3)A person who has sustained economic loss as the result of a crime and who satisfies any of the following conditions:
(A)At the time of the crime was the parent, grandparent, sibling, spouse, child, or grandchild of the victim.
(B)At the time of the crime was living in the household of the victim.
(C)At the time of the crime was a person who had previously lived in the household of the victim for a period of not less than two years in a relationship substantially similar to a relationship listed in subparagraph (A).
(D)Is another family member of the victim, including, but not limited to, the victims fiance, and who witnessed the crime.
(E)Is the primary caretaker of a minor victim.
(4)A person who is eligible to receive assistance from the Restitution Fund pursuant to Chapter 5 (commencing with Section 13950) of Part 4 of Division 3 of Title 2 of the Government Code.
(5)A governmental entity that is responsible for repairing, replacing, or restoring public or privately owned property that has been defaced with graffiti or other inscribed material, as defined in subdivision (e) of Section 594, and that has sustained an economic loss as the result of a violation of Section 594, 594.3, 594.4, 640.5, 640.6, or 640.7.
(l)In every case in which the defendant is granted probation, the court shall make the payment of restitution fines and orders imposed pursuant to this section a condition of probation. Any portion of a restitution order that remains unsatisfied after a defendant is no longer on probation shall continue to be enforceable by a victim pursuant to Section 1214 until the obligation is satisfied.
(m)If the court finds and states on the record compelling and extraordinary reasons why a restitution fine should not be required, the court shall order, as a condition of probation, that the defendant perform specified community service, unless it finds and states on the record compelling and extraordinary reasons not to require community service in addition to the finding that a restitution fine should not be required. Upon revocation of probation, the court shall impose the restitution fine pursuant to this section.
(n)The provisions of Section 13963 of the Government Code shall apply to restitution imposed pursuant to this section.
(o)The court clerk shall notify the California Victim Compensation and Government Claims Board within 90 days of an order of restitution being imposed if the defendant is ordered to pay restitution to the board due to the victim receiving compensation from the Restitution Fund. Notification shall be accomplished by mailing a copy of the court order to the board, which may be done periodically by bulk mail or email.
(p)Upon conviction for a violation of Section 236.1, the court shall, in addition to any other penalty or restitution, order the defendant to pay restitution to the victim in a case in which a victim has suffered economic loss as a result of the defendants conduct. The court shall require that the defendant make restitution to the victim or victims in an amount established by court order, based on the amount of loss claimed by the victim or victims or another showing to the court. In determining restitution pursuant to this section, the court shall base its order upon the greater of the following: the gross value of the victims labor or services based upon the comparable value of similar services in the labor market in which the offense occurred, or the value of the victims labor as guaranteed under California law, or the actual income derived by the defendant from the victims labor or services or any other appropriate means to provide reparations to the victim.
(q)(1)In addition to any other penalty or fine, the court shall order a person who has been convicted of a violation of Section 350, 653h, 653s, 653u, 653w, or 653aa that involves a recording or audiovisual work to make restitution to an owner or lawful producer, or trade association acting on behalf of the owner or lawful producer, of a phonograph record, disc, wire, tape, film, or other device or article from which sounds or visual images are derived that suffered economic loss resulting from the violation. The order of restitution shall be based on the aggregate wholesale value of lawfully manufactured and authorized devices or articles from which sounds or visual images are devised corresponding to the number of nonconforming devices or articles involved in the offense, unless a higher value can be proved in the case of (A) an unreleased audio work, or (B) an audiovisual work that, at the time of unauthorized distribution, has not been made available in copies for sale to the general public in the United States on a digital versatile disc. For purposes of this subdivision, possession of nonconforming devices or articles intended for sale constitutes actual economic loss to an owner or lawful producer in the form of displaced legitimate wholesale purchases. The order of restitution shall also include reasonable costs incurred as a result of an investigation of the violation undertaken by the owner, lawful producer, or trade association acting on behalf of the owner or lawful producer. Aggregate wholesale value means the average wholesale value of lawfully manufactured and authorized sound or audiovisual recordings. Proof of the specific wholesale value of each nonconforming device or article is not required.
(2)As used in this subdivision, audiovisual work and recording shall have the same meaning as in Section 653w.
(r)(1)If a corporation, as defined in Section 1398, is convicted of a misdemeanor or felony offense, the court shall impose a separate and additional restitution fine, unless it finds compelling and extraordinary reasons for not doing so and states those reasons on the record.
(2)The court may determine the amount of the restitution fine. The fine shall be commensurate with the seriousness of the offense. If the corporation is convicted of a felony, the fine shall not be more than one hundred thousand dollars ($100,000). If the corporation is convicted of a misdemeanor, the fine shall not be more than one thousand dollars ($1,000).
(3)Any moneys collected pursuant to this subdivision shall be distributed as follows:
(A)Seventy-five percent shall be deposited into the California Crime Victims Fund established under Section 13839.
(B)Twenty-five percent shall be distributed as follows:
(i)If the action was brought by the Department of Justice, the moneys shall be deposited in a special account in the General Fund, and, upon appropriation, may be expended by the Department of Justice to offset costs incurred for investigation and prosecution.
(ii)If the action was brought by a district attorney or county counsel, the moneys shall be paid to the treasurer of the county in which the judgment is entered.
(iii)If the action was brought by a city attorney or city prosecutor, one-half of the moneys shall be paid to the treasurer of the county in which the judgment was entered and one-half to the city, except that if the action was brought by a city attorney of a city and county the entire amount of the moneys shall be paid to the treasurer of the city and county in which the judgment is entered.
(a)(1)It is the intent of the Legislature that a victim of a crime who incurs an economic loss as a result of the commission of a crime shall receive restitution directly from a defendant convicted of that crime or who enters a diversion program resulting from that crime.
(2)Upon a person being convicted of a crime in the State of California, the court shall order the defendant to pay a fine in the form of a penalty assessment in accordance with Section 1464.
(3)The court, in addition to any other penalty provided or imposed under the law, shall order the defendant to pay both of the following:
(A)A restitution fine in accordance with subdivision (b).
(B)Restitution to the victim or victims, if any, in accordance with subdivision (f), which shall be enforceable as if the order were a civil judgment and shall be paid as specified in subdivision (i).
(4)The (A)The court shall order restitution to the victim or victims, if any, in accordance with subdivision (f), which shall be enforceable as if the order were a civil judgment, and shall be paid as specified in subdivision (i), when a defendant participates in a diversion program, provided that the defendant is informed of their right to have a judicial determination of the amount and is provided with a hearing, waives a hearing, or stipulates to the amount of restitution ordered. If the court finds that restitution is owed to any victim as a result of the diverted offense, the court shall order its payment during the period of diversion. A defendants inability to pay restitution due to indigence or mental disorder shall not be grounds for denial of diversion or a finding that the defendant has failed to comply with the terms of diversion.
(B)If the defendant withdraws from diversion or fails to complete the terms of diversion, a restitution order under this paragraph shall be suspended until criminal proceedings are resolved.
(C)If the defendant completes diversion, an order under this paragraph may be enforced pursuant to Section 1214.
(b)In every case where a person is convicted of a crime, the court shall impose a separate and additional restitution fine, unless it finds compelling and extraordinary reasons for not doing so and states those reasons on the record.
(1)The restitution fine shall be set at the discretion of the court and commensurate with the seriousness of the offense. If the person is convicted of a felony, the fine shall not be less than three hundred dollars ($300) and not more than ten thousand dollars ($10,000). If the person is convicted of a misdemeanor, the fine shall not be less than one hundred fifty dollars ($150) and not more than one thousand dollars ($1,000).
(2)In setting a felony restitution fine, the court may determine the amount of the fine as the product of the minimum fine pursuant to paragraph (1) multiplied by the number of years of imprisonment the defendant is ordered to serve, multiplied by the number of felony counts of which the defendant is convicted.
(c)The court shall impose the restitution fine unless it finds compelling and extraordinary reasons for not doing so and states those reasons on the record. A defendants inability to pay shall not be considered a compelling and extraordinary reason not to impose a restitution fine. Inability to pay may be considered only in increasing the amount of the restitution fine in excess of the minimum fine pursuant to paragraph (1) of subdivision (b). The court may specify that funds confiscated at the time of the defendants arrest, except for funds confiscated pursuant to Chapter 8 (commencing with Section 11469) of Division 10 of the Health and Safety Code, be applied to the restitution fine if the funds are not exempt for spousal or child support or subject to any other legal exemption.
(d)In setting the amount of the fine pursuant to subdivision (b) in excess of the minimum fine pursuant to paragraph (1) of subdivision (b), the court shall consider any relevant factors, including, but not limited to, the defendants inability to pay, the seriousness and gravity of the offense and the circumstances of its commission, any economic gain derived by the defendant as a result of the crime, the extent to which any other person suffered losses as a result of the crime, and the number of victims involved in the crime. Those losses may include pecuniary losses to the victim or the victims dependents as well as intangible losses, such as psychological harm caused by the crime. Consideration of a defendants inability to pay may include the defendants future earning capacity. A defendant shall bear the burden of demonstrating the defendants inability to pay. Express findings by the court as to the factors bearing on the amount of the fine shall not be required. A separate hearing for the fine shall not be required.
(e)The restitution fine shall not be subject to penalty assessments authorized in Section 1464 or Chapter 12 (commencing with Section 76000) of Title 8 of the Government Code, or the state surcharge authorized in Section 1465.7, and shall be deposited in the Restitution Fund in the State Treasury.
(f)Except as provided in subdivisions (p) and (q), in every case in which a victim has suffered economic loss as a result of the defendants conduct, the court shall require that the defendant make restitution to the victim or victims in an amount established by court order, based on the amount of loss claimed by the victim or victims or any other showing to the court. If the amount of loss cannot be ascertained at the time of sentencing, the restitution order shall include a provision that the amount shall be determined at the direction of the court. The court shall order full restitution. The court may specify that funds confiscated at the time of the defendants arrest, except for funds confiscated pursuant to Chapter 8 (commencing with Section 11469) of Division 10 of the Health and Safety Code, be applied to the restitution order if the funds are not exempt for spousal or child support or subject to any other legal exemption.
(1)The defendant has the right to a hearing before a judge to dispute the determination of the amount of restitution. The court may modify the amount, on its own motion or on the motion of the district attorney, the victim or victims, or the defendant. If a motion is made for modification of a restitution order, the victim shall be notified of that motion at least 10 days prior to the proceeding held to decide the motion. A victim at a restitution hearing or modification hearing described in this paragraph may testify by live, two-way audio and video transmission, if testimony by live, two-way audio and video transmission is available at the court.
(2)Determination of the amount of restitution ordered pursuant to this subdivision shall not be affected by the indemnification or subrogation rights of a third party. Restitution ordered pursuant to this subdivision shall be ordered to be deposited in the Restitution Fund to the extent that the victim, as defined in subdivision (k), has received assistance from the California Victim Compensation Board pursuant to Chapter 5 (commencing with Section 13950) of Part 4 of Division 3 of Title 2 of the Government Code.
(3)To the extent possible, the restitution order shall be prepared by the sentencing court, or the court authorizing diversion, shall identify each victim and each loss to which it pertains, and shall be of a dollar amount that is sufficient to fully reimburse the victim or victims for every determined economic loss incurred as the result of the defendants criminal conduct, including, but not limited to, all of the following:
(A)Full or partial payment for the value of stolen or damaged property. The value of stolen or damaged property shall be the replacement cost of like property, or the actual cost of repairing the property when repair is possible.
(B)Medical expenses.
(C)Mental health counseling expenses.
(D)Wages or profits lost due to injury incurred by the victim, and if the victim is a minor, wages or profits lost by the minors parent, parents, guardian, or guardians, while caring for the injured minor. Lost wages shall include commission income as well as base wages. Commission income shall be established by evidence of commission income during the 12-month period prior to the date of the crime for which restitution is being ordered, unless good cause for a shorter time period is shown.
(E)Wages or profits lost by the victim, and if the victim is a minor, wages or profits lost by the minors parent, parents, guardian, or guardians, due to time spent as a witness or in assisting the police or prosecution. Lost wages shall include commission income as well as base wages. Commission income shall be established by evidence of commission income during the 12-month period prior to the date of the crime for which restitution is being ordered, unless good cause for a shorter time period is shown.
(F)Noneconomic losses, including, but not limited to, psychological harm, for felony violations of Section 288, 288.5, or 288.7.
(G)Interest, at the rate of 10 percent per annum, that accrues as of the date of sentencing or loss, as determined by the court.
(H)Actual and reasonable attorneys fees and other costs of collection accrued by a private entity on behalf of the victim.
(I)Expenses incurred by an adult victim in relocating away from the defendant, including, but not limited to, deposits for utilities and telephone service, deposits for rental housing, temporary lodging and food expenses, clothing, and personal items. Expenses incurred pursuant to this section shall be verified by law enforcement to be necessary for the personal safety of the victim or by a mental health treatment provider to be necessary for the emotional well-being of the victim.
(J)Expenses to install or increase residential security incurred related to a violation of Section 273.5, or a violent felony as defined in subdivision (c) of Section 667.5, including, but not limited to, a home security device or system, or replacing or increasing the number of locks.
(K)Expenses to retrofit a residence or vehicle, or both, to make the residence accessible to or the vehicle operational by the victim, if the victim is permanently disabled, whether the disability is partial or total, as a direct result of the crime.
(L)Expenses for a period of time reasonably necessary to make the victim whole, for the costs to monitor the credit report of, and for the costs to repair the credit of, a victim of identity theft, as defined in Section 530.5.
(4)(A)If, as a result of the defendants conduct, the Restitution Fund has provided assistance to or on behalf of a victim or derivative victim pursuant to Chapter 5 (commencing with Section 13950) of Part 4 of Division 3 of Title 2 of the Government Code, the amount of assistance provided shall be presumed to be a direct result of the defendants criminal conduct and shall be included in the amount of the restitution ordered.
(B)The amount of assistance provided by the Restitution Fund shall be established by copies of bills submitted to the California Victim Compensation Board reflecting the amount paid by the board and whether the services for which payment was made were for medical or dental expenses, funeral or burial expenses, mental health counseling, wage or support losses, or rehabilitation. Certified copies of these bills provided by the board and redacted to protect the privacy and safety of the victim or any legal privilege, together with a statement made under penalty of perjury by the custodian of records that those bills were submitted to and were paid by the board, shall be sufficient to meet this requirement.
(C)If the defendant offers evidence to rebut the presumption established by this paragraph, the court may release additional information contained in the records of the board to the defendant only after reviewing that information in camera and finding that the information is necessary for the defendant to dispute the amount of the restitution order.
(5)Except as provided in paragraph (6), in any case in which an order may be entered pursuant to this subdivision, the defendant shall prepare and file a disclosure identifying all assets, income, and liabilities in which the defendant held or controlled a present or future interest as of the date of the defendants arrest for the crime for which restitution may be ordered. The financial disclosure statements shall be made available to the victim and the board pursuant to Section 1214. The disclosure shall be signed by the defendant upon a form approved or adopted by the Judicial Council for the purpose of facilitating the disclosure. A defendant who willfully states as true a material matter that the defendant knows to be false on the disclosure required by this subdivision is guilty of a misdemeanor, unless this conduct is punishable as perjury or another provision of law provides for a greater penalty.
(6)A defendant who fails to file the financial disclosure required in paragraph (5), but who has filed a financial affidavit or financial information pursuant to subdivision (c) of Section 987, shall be deemed to have waived the confidentiality of that affidavit or financial information as to a victim in whose favor the order of restitution is entered pursuant to subdivision (f). The affidavit or information shall serve in lieu of the financial disclosure required in paragraph (5), and paragraphs (7) to (10), inclusive, shall not apply.
(7)Except as provided in paragraph (6), the defendant shall file the disclosure with the clerk of the court no later than the date set for the defendants sentencing, unless otherwise directed by the court. The disclosure may be inspected or copied as provided by subdivision (b), (c), or (d) of Section 1203.05.
(8)In its discretion, the court may relieve the defendant of the duty under paragraph (7) of filing with the clerk by requiring that the defendants disclosure be submitted as an attachment to, and be available to, those authorized to receive the following:
(A)A report submitted pursuant to subparagraph (D) of paragraph (2) of subdivision (b) of Section 1203 or subdivision (g) of Section 1203.
(B)A stipulation submitted pursuant to paragraph (4) of subdivision (b) of Section 1203.
(C)A report by the probation officer, or information submitted by the defendant applying for a conditional sentence pursuant to subdivision (d) of Section 1203.
(9)The court may consider a defendants unreasonable failure to make a complete disclosure pursuant to paragraph (5) as any of the following:
(A)A circumstance in aggravation of the crime in imposing a term under subdivision (b) of Section 1170.
(B)A factor indicating that the interests of justice would not be served by admitting the defendant to probation under Section 1203.
(C)A factor indicating that the interests of justice would not be served by conditionally sentencing the defendant under Section 1203.
(D)A factor indicating that the interests of justice would not be served by imposing less than the maximum fine and sentence fixed by law for the case.
(10)A defendants failure or refusal to make the required disclosure pursuant to paragraph (5) shall not delay entry of an order of restitution or pronouncement of sentence. In appropriate cases, the court may do any of the following:
(A)Require the defendant to be examined by the district attorney pursuant to subdivision (h).
(B)If sentencing the defendant under Section 1170, provide that the victim shall receive a copy of the portion of the probation report filed pursuant to Section 1203.10 concerning the defendants employment, occupation, finances, and liabilities.
(C)If sentencing the defendant under Section 1203, set a date and place for submission of the disclosure required by paragraph (5) as a condition of probation or suspended sentence.
(11)If a defendant has any remaining unpaid balance on a restitution order or fine 120 days prior to the defendants scheduled release from probation or 120 days prior to the defendants completion of a conditional sentence, the defendant shall prepare and file a new and updated financial disclosure identifying all assets, income, and liabilities in which the defendant holds or controls or has held or controlled a present or future interest during the defendants period of probation or conditional sentence. The financial disclosure shall be made available to the victim and the board pursuant to Section 1214. The disclosure shall be signed and prepared by the defendant on the same form as described in paragraph (5). A defendant who willfully states as true a material matter that the defendant knows to be false on the disclosure required by this subdivision is guilty of a misdemeanor, unless this conduct is punishable as perjury or another provision of law provides for a greater penalty. The financial disclosure required by this paragraph shall be filed with the clerk of the court no later than 90 days prior to the defendants scheduled release from probation or completion of the defendants conditional sentence.
(12)In cases where an employer is convicted of a crime against an employee, a payment to the employee or the employees dependent that is made by the employers workers compensation insurance carrier shall not be used to offset the amount of the restitution order unless the court finds that the defendant substantially met the obligation to pay premiums for that insurance coverage.
(g)A defendants inability to pay shall not be a consideration in determining the amount of a restitution order.
(h)The district attorney may request an order of examination pursuant to the procedures specified in Article 2 (commencing with Section 708.110) of Chapter 6 of Division 2 of Title 9 of Part 2 of the Code of Civil Procedure, in order to determine the defendants financial assets for purposes of collecting on the restitution order.
(i)A restitution order imposed pursuant to subdivision (f) shall be enforceable as if the order were a civil judgment and shall be paid before all fines, restitution fines, penalty assessments, and other fees imposed on a criminal defendant, including, but not limited to, Sections 70372, 76000, 76000.5, 76104.6, and 76104.7 of the Government Code, and Sections 1464 and 1465.7 of this code.
(j)The making of a restitution order pursuant to subdivision (f) shall not affect the right of a victim to recovery from the Restitution Fund as otherwise provided by law, except to the extent that restitution is actually collected pursuant to the order. Restitution collected pursuant to this subdivision shall be credited to any other judgments for the same losses obtained against the defendant arising out of the crime for which the defendant was convicted.
(k)For purposes of this section, victim shall include all of the following:
(1)The immediate surviving family of the actual victim.
(2)A corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity when that entity is a direct victim of a crime.
(3)A person who has sustained economic loss as the result of a crime and who satisfies any of the following conditions:
(A)At the time of the crime was the parent, grandparent, sibling, spouse, child, or grandchild of the victim.
(B)At the time of the crime was living in the household of the victim.
(C)At the time of the crime was a person who had previously lived in the household of the victim for a period of not less than two years in a relationship substantially similar to a relationship listed in subparagraph (A).
(D)Is another family member of the victim, including, but not limited to, the victims fiance, and who witnessed the crime.
(E)Is the primary caretaker of a minor victim.
(4)A person who is eligible to receive assistance from the Restitution Fund pursuant to Chapter 5 (commencing with Section 13950) of Part 4 of Division 3 of Title 2 of the Government Code.
(5)A governmental entity that is responsible for repairing, replacing, or restoring public or privately owned property that has been defaced with graffiti or other inscribed material, as defined in subdivision (e) of Section 594, and that has sustained an economic loss as the result of a violation of Section 594, 594.3, 594.4, 640.5, 640.6, or 640.7.
(l)In every case in which the defendant is granted probation, the court shall make the payment of restitution fines and orders imposed pursuant to this section a condition of probation. Any portion of a restitution order that remains unsatisfied after a defendant is no longer on probation shall continue to be enforceable by a victim pursuant to Section 1214 until the obligation is satisfied.
(m)If the court finds and states on the record compelling and extraordinary reasons why a restitution fine should not be required, the court shall order, as a condition of probation, that the defendant perform specified community service, unless it finds and states on the record compelling and extraordinary reasons not to require community service in addition to the finding that a restitution fine should not be required. Upon revocation of probation, the court shall impose the restitution fine pursuant to this section.
(n)The provisions of Section 13963 of the Government Code shall apply to restitution imposed pursuant to this section.
(o)The court clerk shall notify the California Victim Compensation and Government Claims Board within 90 days of an order of restitution being imposed if the defendant is ordered to pay restitution to the board due to the victim receiving compensation from the Restitution Fund. Notification shall be accomplished by mailing a copy of the court order to the board, which may be done periodically by bulk mail or email.
(p)Upon conviction for a violation of Section 236.1, the court shall, in addition to any other penalty or restitution, order the defendant to pay restitution to the victim in a case in which a victim has suffered economic loss as a result of the defendants conduct. The court shall require that the defendant make restitution to the victim or victims in an amount established by court order, based on the amount of loss claimed by the victim or victims or another showing to the court. In determining restitution pursuant to this section, the court shall base its order upon the greater of the following: the gross value of the victims labor or services based upon the comparable value of similar services in the labor market in which the offense occurred, or the value of the victims labor as guaranteed under California law, or the actual income derived by the defendant from the victims labor or services or any other appropriate means to provide reparations to the victim.
(q)(1)In addition to any other penalty or fine, the court shall order a person who has been convicted of a violation of Section 350, 653h, 653s, 653u, 653w, or 653aa that involves a recording or audiovisual work to make restitution to an owner or lawful producer, or trade association acting on behalf of the owner or lawful producer, of a phonograph record, disc, wire, tape, film, or other device or article from which sounds or visual images are derived that suffered economic loss resulting from the violation. The order of restitution shall be based on the aggregate wholesale value of lawfully manufactured and authorized devices or articles from which sounds or visual images are devised corresponding to the number of nonconforming devices or articles involved in the offense, unless a higher value can be proved in the case of (A) an unreleased audio work, or (B) an audiovisual work that, at the time of unauthorized distribution, has not been made available in copies for sale to the general public in the United States on a digital versatile disc. For purposes of this subdivision, possession of nonconforming devices or articles intended for sale constitutes actual economic loss to an owner or lawful producer in the form of displaced legitimate wholesale purchases. The order of restitution shall also include reasonable costs incurred as a result of an investigation of the violation undertaken by the owner, lawful producer, or trade association acting on behalf of the owner or lawful producer. Aggregate wholesale value means the average wholesale value of lawfully manufactured and authorized sound or audiovisual recordings. Proof of the specific wholesale value of each nonconforming device or article is not required.
(2)As used in this subdivision, audiovisual work and recording shall have the same meaning as in Section 653w.
(r)(1)If a corporation, as defined in Section 1398, is convicted of a misdemeanor or felony offense, the court shall impose a separate and additional restitution fine, unless it finds compelling and extraordinary reasons for not doing so and states those reasons on the record.
(2)The court may determine the amount of the restitution fine. The fine shall be commensurate with the seriousness of the offense. If the corporation is convicted of a felony, the fine shall not be more than one hundred thousand dollars ($100,000). If the corporation is convicted of a misdemeanor, the fine shall not be more than one thousand dollars ($1,000).
(3)Any moneys collected pursuant to this subdivision shall be distributed as follows:
(A)Seventy-five percent shall be deposited into the California Crime Victims Fund established under Section 13839.
(B)Twenty-five percent shall be distributed as follows:
(i)If the action was brought by the Department of Justice, the moneys shall be deposited in a special account in the General Fund, and, upon appropriation, may be expended by the Department of Justice to offset costs incurred for investigation and prosecution.
(ii)If the action was brought by a district attorney or county counsel, the moneys shall be paid to the treasurer of the county in which the judgment is entered.
(iii)If the action was brought by a city attorney or city prosecutor, one-half of the moneys shall be paid to the treasurer of the county in which the judgment was entered and one-half to the city, except that if the action was brought by a city attorney of a city and county the entire amount of the moneys shall be paid to the treasurer of the city and county in which the judgment is entered.
(a)(1)It is the intent of the Legislature that a victim of a crime who incurs an economic loss as a result of the commission of a crime shall receive restitution directly from a defendant convicted of that crime. crime or who enters a diversion program resulting from that crime.
(2)Upon a person being convicted of a crime in the State of California, the court shall order the defendant to pay a fine in the form of a penalty assessment in accordance with Section 1464.
(3)The court, in addition to any other penalty provided or imposed under the law, shall order the defendant to pay both of the following:
(A)A restitution fine in accordance with subdivision (b).
(B)Restitution to the victim or victims, if any, in accordance with subdivision (f), which shall be enforceable as if the order were a civil judgment and shall be paid as specified in subdivision (i).
(4)The court shall order restitution to the victim or victims, if any, in accordance with subdivision (f), which shall be enforceable as if the order were a civil judgment, and shall be paid as specified in subdivision (i), when a defendant participates in a diversion program, provided that the defendant is informed of their right to have a judicial determination of the amount and is provided with a hearing, waives a hearing, or stipulates to the amount of restitution ordered. A defendants inability to pay restitution due to indigence or mental disorder shall not be grounds for denial of diversion or a finding that the defendant has failed to comply with the terms of diversion.
(b)In every case where a person is convicted of a crime, the court shall impose a separate and additional restitution fine, unless it finds compelling and extraordinary reasons for not doing so and states those reasons on the record.
(1)The restitution fine shall be set at the discretion of the court and commensurate with the seriousness of the offense. If the person is convicted of a felony, the fine shall not be less than three hundred dollars ($300) and not more than ten thousand dollars ($10,000). If the person is convicted of a misdemeanor, the fine shall not be less than one hundred fifty dollars ($150) and not more than one thousand dollars ($1,000).
(2)In setting a felony restitution fine, the court may determine the amount of the fine as the product of the minimum fine pursuant to paragraph (1) multiplied by the number of years of imprisonment the defendant is ordered to serve, multiplied by the number of felony counts of which the defendant is convicted.
(c)The court shall impose the restitution fine unless it finds compelling and extraordinary reasons for not doing so and states those reasons on the record. A defendants inability to pay shall not be considered a compelling and extraordinary reason not to impose a restitution fine. Inability to pay may be considered only in increasing the amount of the restitution fine in excess of the minimum fine pursuant to paragraph (1) of subdivision (b). The court may specify that funds confiscated at the time of the defendants arrest, except for funds confiscated pursuant to Chapter 8 (commencing with Section 11469) of Division 10 of the Health and Safety Code, be applied to the restitution fine if the funds are not exempt for spousal or child support or subject to any other legal exemption.
(d)In setting the amount of the fine pursuant to subdivision (b) in excess of the minimum fine pursuant to paragraph (1) of subdivision (b), the court shall consider any relevant factors, including, but not limited to, the defendants inability to pay, the seriousness and gravity of the offense and the circumstances of its commission, any economic gain derived by the defendant as a result of the crime, the extent to which any other person suffered losses as a result of the crime, and the number of victims involved in the crime. Those losses may include pecuniary losses to the victim or the victims dependents as well as intangible losses, such as psychological harm caused by the crime. Consideration of a defendants inability to pay may include the defendants future earning capacity. A defendant shall bear the burden of demonstrating the defendants inability to pay. Express findings by the court as to the factors bearing on the amount of the fine shall not be required. A separate hearing for the fine shall not be required.
(e)The restitution fine shall not be subject to penalty assessments authorized in Section 1464 or Chapter 12 (commencing with Section 76000) of Title 8 of the Government Code, or the state surcharge authorized in Section 1465.7, and shall be deposited in the Restitution Fund in the State Treasury.
(f)Except as provided in subdivisions (p) and (q), in every case in which a victim has suffered economic loss as a result of the defendants conduct, the court shall require that the defendant make restitution to the victim or victims in an amount established by court order, based on the amount of loss claimed by the victim or victims or any other showing to the court. If the amount of loss cannot be ascertained at the time of sentencing, the restitution order shall include a provision that the amount shall be determined at the direction of the court. The court shall order full restitution. The court may specify that funds confiscated at the time of the defendants arrest, except for funds confiscated pursuant to Chapter 8 (commencing with Section 11469) of Division 10 of the Health and Safety Code, be applied to the restitution order if the funds are not exempt for spousal or child support or subject to any other legal exemption.
(1)The defendant has the right to a hearing before a judge to dispute the determination of the amount of restitution. The court may modify the amount, on its own motion or on the motion of the district attorney, the victim or victims, or the defendant. If a motion is made for modification of a restitution order, the victim shall be notified of that motion at least 10 days prior to the proceeding held to decide the motion. A victim at a restitution hearing or modification hearing described in this paragraph may testify by live, two-way audio and video transmission, if testimony by live, two-way audio and video transmission is available at the court.
(2)Determination of the amount of restitution ordered pursuant to this subdivision shall not be affected by the indemnification or subrogation rights of a third party. Restitution ordered pursuant to this subdivision shall be ordered to be deposited in the Restitution Fund to the extent that the victim, as defined in subdivision (k), has received assistance from the California Victim Compensation Board pursuant to Chapter 5 (commencing with Section 13950) of Part 4 of Division 3 of Title 2 of the Government Code.
(3)To the extent possible, the restitution order shall be prepared by the sentencing court, court, or the court authorizing diversion, shall identify each victim and each loss to which it pertains, and shall be of a dollar amount that is sufficient to fully reimburse the victim or victims for every determined economic loss incurred as the result of the defendants criminal conduct, including, but not limited to, all of the following:
(A)Full or partial payment for the value of stolen or damaged property. The value of stolen or damaged property shall be the replacement cost of like property, or the actual cost of repairing the property when repair is possible.
(B)Medical expenses.
(C)Mental health counseling expenses.
(D)Wages or profits lost due to injury incurred by the victim, and if the victim is a minor, wages or profits lost by the minors parent, parents, guardian, or guardians, while caring for the injured minor. Lost wages shall include commission income as well as base wages. Commission income shall be established by evidence of commission income during the 12-month period prior to the date of the crime for which restitution is being ordered, unless good cause for a shorter time period is shown.
(E)Wages or profits lost by the victim, and if the victim is a minor, wages or profits lost by the minors parent, parents, guardian, or guardians, due to time spent as a witness or in assisting the police or prosecution. Lost wages shall include commission income as well as base wages. Commission income shall be established by evidence of commission income during the 12-month period prior to the date of the crime for which restitution is being ordered, unless good cause for a shorter time period is shown.
(F)Noneconomic losses, including, but not limited to, psychological harm, for felony violations of Section 288, 288.5, or 288.7.
(G)Interest, at the rate of 10 percent per annum, that accrues as of the date of sentencing or loss, as determined by the court.
(H)Actual and reasonable attorneys fees and other costs of collection accrued by a private entity on behalf of the victim.
(I)Expenses incurred by an adult victim in relocating away from the defendant, including, but not limited to, deposits for utilities and telephone service, deposits for rental housing, temporary lodging and food expenses, clothing, and personal items. Expenses incurred pursuant to this section shall be verified by law enforcement to be necessary for the personal safety of the victim or by a mental health treatment provider to be necessary for the emotional well-being of the victim.
(J)Expenses to install or increase residential security incurred related to a violation of Section 273.5, or a violent felony as defined in subdivision (c) of Section 667.5, including, but not limited to, a home security device or system, or replacing or increasing the number of locks.
(K)Expenses to retrofit a residence or vehicle, or both, to make the residence accessible to or the vehicle operational by the victim, if the victim is permanently disabled, whether the disability is partial or total, as a direct result of the crime.
(L)Expenses for a period of time reasonably necessary to make the victim whole, for the costs to monitor the credit report of, and for the costs to repair the credit of, a victim of identity theft, as defined in Section 530.5.
(4)(A)If, as a result of the defendants conduct, the Restitution Fund has provided assistance to or on behalf of a victim or derivative victim pursuant to Chapter 5 (commencing with Section 13950) of Part 4 of Division 3 of Title 2 of the Government Code, the amount of assistance provided shall be presumed to be a direct result of the defendants criminal conduct and shall be included in the amount of the restitution ordered.
(B)The amount of assistance provided by the Restitution Fund shall be established by copies of bills submitted to the California Victim Compensation Board reflecting the amount paid by the board and whether the services for which payment was made were for medical or dental expenses, funeral or burial expenses, mental health counseling, wage or support losses, or rehabilitation. Certified copies of these bills provided by the board and redacted to protect the privacy and safety of the victim or any legal privilege, together with a statement made under penalty of perjury by the custodian of records that those bills were submitted to and were paid by the board, shall be sufficient to meet this requirement.
(C)If the defendant offers evidence to rebut the presumption established by this paragraph, the court may release additional information contained in the records of the board to the defendant only after reviewing that information in camera and finding that the information is necessary for the defendant to dispute the amount of the restitution order.
(5)Except as provided in paragraph (6), in any case in which an order may be entered pursuant to this subdivision, the defendant shall prepare and file a disclosure identifying all assets, income, and liabilities in which the defendant held or controlled a present or future interest as of the date of the defendants arrest for the crime for which restitution may be ordered. The financial disclosure statements shall be made available to the victim and the board pursuant to Section 1214. The disclosure shall be signed by the defendant upon a form approved or adopted by the Judicial Council for the purpose of facilitating the disclosure. A defendant who willfully states as true a material matter that the defendant knows to be false on the disclosure required by this subdivision is guilty of a misdemeanor, unless this conduct is punishable as perjury or another provision of law provides for a greater penalty.
(6)A defendant who fails to file the financial disclosure required in paragraph (5), but who has filed a financial affidavit or financial information pursuant to subdivision (c) of Section 987, shall be deemed to have waived the confidentiality of that affidavit or financial information as to a victim in whose favor the order of restitution is entered pursuant to subdivision (f). The affidavit or information shall serve in lieu of the financial disclosure required in paragraph (5), and paragraphs (7) to (10), inclusive, shall not apply.
(7)Except as provided in paragraph (6), the defendant shall file the disclosure with the clerk of the court no later than the date set for the defendants sentencing, unless otherwise directed by the court. The disclosure may be inspected or copied as provided by subdivision (b), (c), or (d) of Section 1203.05.
(8)In its discretion, the court may relieve the defendant of the duty under paragraph (7) of filing with the clerk by requiring that the defendants disclosure be submitted as an attachment to, and be available to, those authorized to receive the following:
(A)A report submitted pursuant to subparagraph (D) of paragraph (2) of subdivision (b) of Section 1203 or subdivision (g) of Section 1203.
(B)A stipulation submitted pursuant to paragraph (4) of subdivision (b) of Section 1203.
(C)A report by the probation officer, or information submitted by the defendant applying for a conditional sentence pursuant to subdivision (d) of Section 1203.
(9)The court may consider a defendants unreasonable failure to make a complete disclosure pursuant to paragraph (5) as any of the following:
(A)A circumstance in aggravation of the crime in imposing a term under subdivision (b) of Section 1170.
(B)A factor indicating that the interests of justice would not be served by admitting the defendant to probation under Section 1203.
(C)A factor indicating that the interests of justice would not be served by conditionally sentencing the defendant under Section 1203.
(D)A factor indicating that the interests of justice would not be served by imposing less than the maximum fine and sentence fixed by law for the case.
(10)A defendants failure or refusal to make the required disclosure pursuant to paragraph (5) shall not delay entry of an order of restitution or pronouncement of sentence. In appropriate cases, the court may do any of the following:
(A)Require the defendant to be examined by the district attorney pursuant to subdivision (h).
(B)If sentencing the defendant under Section 1170, provide that the victim shall receive a copy of the portion of the probation report filed pursuant to Section 1203.10 concerning the defendants employment, occupation, finances, and liabilities.
(C)If sentencing the defendant under Section 1203, set a date and place for submission of the disclosure required by paragraph (5) as a condition of probation or suspended sentence.
(11)If a defendant has any remaining unpaid balance on a restitution order or fine 120 days prior to the defendants scheduled release from probation or 120 days prior to the defendants completion of a conditional sentence, the defendant shall prepare and file a new and updated financial disclosure identifying all assets, income, and liabilities in which the defendant holds or controls or has held or controlled a present or future interest during the defendants period of probation or conditional sentence. The financial disclosure shall be made available to the victim and the board pursuant to Section 1214. The disclosure shall be signed and prepared by the defendant on the same form as described in paragraph (5). A defendant who willfully states as true a material matter that the defendant knows to be false on the disclosure required by this subdivision is guilty of a misdemeanor, unless this conduct is punishable as perjury or another provision of law provides for a greater penalty. The financial disclosure required by this paragraph shall be filed with the clerk of the court no later than 90 days prior to the defendants scheduled release from probation or completion of the defendants conditional sentence.
(12)In cases where an employer is convicted of a crime against an employee, a payment to the employee or the employees dependent that is made by the employers workers compensation insurance carrier shall not be used to offset the amount of the restitution order unless the court finds that the defendant substantially met the obligation to pay premiums for that insurance coverage.
(g)A defendants inability to pay shall not be a consideration in determining the amount of a restitution order.
(h)The district attorney may request an order of examination pursuant to the procedures specified in Article 2 (commencing with Section 708.110) of Chapter 6 of Division 2 of Title 9 of Part 2 of the Code of Civil Procedure, in order to determine the defendants financial assets for purposes of collecting on the restitution order.
(i)A restitution order imposed pursuant to subdivision (f) shall be enforceable as if the order were a civil judgment and shall be paid before all fines, restitution fines, penalty assessments, and other fees imposed on a criminal defendant, including, but not limited to, Sections 70372, 76000, 76000.5, 76104.6, and 76104.7 of the Government Code, and Sections 1464 and 1465.7 of this code.
(j)The making of a restitution order pursuant to subdivision (f) shall not affect the right of a victim to recovery from the Restitution Fund as otherwise provided by law, except to the extent that restitution is actually collected pursuant to the order. Restitution collected pursuant to this subdivision shall be credited to any other judgments for the same losses obtained against the defendant arising out of the crime for which the defendant was convicted.
(k)For purposes of this section, victim shall include all of the following:
(1)The immediate surviving family of the actual victim.
(2)A corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity when that entity is a direct victim of a crime.
(3)A person who has sustained economic loss as the result of a crime and who satisfies any of the following conditions:
(A)At the time of the crime was the parent, grandparent, sibling, spouse, child, or grandchild of the victim.
(B)At the time of the crime was living in the household of the victim.
(C)At the time of the crime was a person who had previously lived in the household of the victim for a period of not less than two years in a relationship substantially similar to a relationship listed in subparagraph (A).
(D)Is another family member of the victim, including, but not limited to, the victims fiance, and who witnessed the crime.
(E)Is the primary caretaker of a minor victim.
(4)A person who is eligible to receive assistance from the Restitution Fund pursuant to Chapter 5 (commencing with Section 13950) of Part 4 of Division 3 of Title 2 of the Government Code.
(5)A governmental entity that is responsible for repairing, replacing, or restoring public or privately owned property that has been defaced with graffiti or other inscribed material, as defined in subdivision (e) of Section 594, and that has sustained an economic loss as the result of a violation of Section 594, 594.3, 594.4, 640.5, 640.6, or 640.7.
(l)In every case in which the defendant is granted probation, the court shall make the payment of restitution fines and orders imposed pursuant to this section a condition of probation. Any portion of a restitution order that remains unsatisfied after a defendant is no longer on probation shall continue to be enforceable by a victim pursuant to Section 1214 until the obligation is satisfied.
(m)If the court finds and states on the record compelling and extraordinary reasons why a restitution fine should not be required, the court shall order, as a condition of probation, that the defendant perform specified community service, unless it finds and states on the record compelling and extraordinary reasons not to require community service in addition to the finding that a restitution fine should not be required. Upon revocation of probation, the court shall impose the restitution fine pursuant to this section.
(n)The provisions of Section 13963 of the Government Code shall apply to restitution imposed pursuant to this section.
(o)The court clerk shall notify the California Victim Compensation and Government Claims Board within 90 days of an order of restitution being imposed if the defendant is ordered to pay restitution to the board due to the victim receiving compensation from the Restitution Fund. Notification shall be accomplished by mailing a copy of the court order to the board, which may be done periodically by bulk mail or email.
(p)Upon conviction for a violation of Section 236.1, the court shall, in addition to any other penalty or restitution, order the defendant to pay restitution to the victim in a case in which a victim has suffered economic loss as a result of the defendants conduct. The court shall require that the defendant make restitution to the victim or victims in an amount established by court order, based on the amount of loss claimed by the victim or victims or another showing to the court. In determining restitution pursuant to this section, the court shall base its order upon the greater of the following: the gross value of the victims labor or services based upon the comparable value of similar services in the labor market in which the offense occurred, or the value of the victims labor as guaranteed under California law, or the actual income derived by the defendant from the victims labor or services or any other appropriate means to provide reparations to the victim.
(q)(1)In addition to any other penalty or fine, the court shall order a person who has been convicted of a violation of Section 350, 653h, 653s, 653u, 653w, or 653aa that involves a recording or audiovisual work to make restitution to an owner or lawful producer, or trade association acting on behalf of the owner or lawful producer, of a phonograph record, disc, wire, tape, film, or other device or article from which sounds or visual images are derived that suffered economic loss resulting from the violation. The order of restitution shall be based on the aggregate wholesale value of lawfully manufactured and authorized devices or articles from which sounds or visual images are devised corresponding to the number of nonconforming devices or articles involved in the offense, unless a higher value can be proved in the case of (A) an unreleased audio work, or (B) an audiovisual work that, at the time of unauthorized distribution, has not been made available in copies for sale to the general public in the United States on a digital versatile disc. For purposes of this subdivision, possession of nonconforming devices or articles intended for sale constitutes actual economic loss to an owner or lawful producer in the form of displaced legitimate wholesale purchases. The order of restitution shall also include reasonable costs incurred as a result of an investigation of the violation undertaken by the owner, lawful producer, or trade association acting on behalf of the owner or lawful producer. Aggregate wholesale value means the average wholesale value of lawfully manufactured and authorized sound or audiovisual recordings. Proof of the specific wholesale value of each nonconforming device or article is not required.
(2)As used in this subdivision, audiovisual work and recording shall have the same meaning as in Section 653w.
(r)(1)If a corporation, as defined in Section 1398, is convicted of a misdemeanor or felony offense, the court shall impose a separate and additional restitution fine, unless it finds compelling and extraordinary reasons for not doing so and states those reasons on the record.
(2)The court may determine the amount of the restitution fine. The fine shall be commensurate with the seriousness of the offense. If the corporation is convicted of a felony, the fine shall not be more than one hundred thousand dollars ($100,000). If the corporation is convicted of a misdemeanor, the fine shall not be more than one thousand dollars ($1,000).
(3)Any moneys collected pursuant to this subdivision shall be distributed as follows:
(A)Seventy-five percent shall be deposited into the California Crime Victims Fund established under Section 13839.
(B)Twenty-five percent shall be distributed as follows:
(i)If the action was brought by the Department of Justice, the moneys shall be deposited in a special account in the General Fund, and, upon appropriation, may be expended by the Department of Justice to offset costs incurred for investigation and prosecution.
(ii)If the action was brought by a district attorney or county counsel, the moneys shall be paid to the treasurer of the county in which the judgment is entered.
(iii)If the action was brought by a city attorney or city prosecutor, one-half of the moneys shall be paid to the treasurer of the county in which the judgment was entered and one-half to the city, except that if the action was brought by a city attorney of a city and county the entire amount of the moneys shall be paid to the treasurer of the city and county in which the judgment is entered.
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Date
|
Status
|
|---|---|
| Sep 30, 2026 | Chaptered by Secretary of State - Chapter 841, Statutes of 2026. |
| Sep 30, 2026 | Approved by the Governor. |
| Aug 31, 2026 | Enrolled and presented to the Governor at 4 p.m. |
| Aug 25, 2026 | In Assembly. Ordered to Engrossing and Enrolling. |
| Aug 25, 2026 | Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 1.). |
| Jun 10, 2026 | Read second time. Ordered to third reading. |
| Jun 9, 2026 | From committee: Do pass. (Ayes 6. Noes 0.) (June 9). |
| May 6, 2026 | Referred to Com. on PUB. S. |
| Apr 20, 2026 | In Senate. Read first time. To Com. on RLS. for assignment. |
| Apr 20, 2026 | Read third time. Passed. Ordered to the Senate. (Ayes 66. Noes 0. Page 4723.) |
| Apr 20, 2026 | Read third time. Passed. Ordered to the Senate. |
| Apr 9, 2026 | Read second time. Ordered to third reading. |
| Apr 8, 2026 | From committee: Do pass. (Ayes 8. Noes 0.) (April 7). |
| Apr 6, 2026 | Re-referred to Com. on PUB. S. |
| Mar 26, 2026 | From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended. |
| Mar 9, 2026 | Referred to Com. on PUB. S. |
| Feb 20, 2026 | From printer. May be heard in committee March 22. |
| Feb 19, 2026 | Read first time. To print. |
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Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 25, 2026 | Assembly 3rd Reading AB2297 Stefani By Blakespear | Senate Floor |
Passed |
|
| Jun 9, 2026 | Do pass | Senate Standing Committee on Public Safety |
Passed |
|
| Apr 20, 2026 | AB 2297 Stefani Assembly Third Reading | Assembly Floor |
Passed |
|
| Apr 7, 2026 | Do pass. | Assembly Standing Committee on Public Safety |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Aclu California Action | ** Against | |
| American Property Casualty Insurance Association | ** Support | |
| Arcadia Police Officers’ Association | ** Support | |
| Brea Police Association | ** Support | |
| Burbank Police Officers’ Association | ** Support | |
| California Association of School Police Chiefs | ** Support | |
| California Coalition of School Safety Professionals | ** Support | |
| California District Attorneys Association | ** Support | |
| California Narcotic Officers’ Association | ** Support | |
| California Police Chiefs Association | ** Support | |
| California Public Defenders Association | ** Against | |
| California Reserve Peace Officers Association | ** Support | |
| Chief Probation Officers’ of California | ** Support | |
| Claremont Police Officers’ Association | ** Support | |
| Corona Police Officers Association | ** Support | |
| Culver City Police Officers’ Association | ** Support | |
| Debt Free Justice California | ** Against | |
| Ella Baker Center For Human Rights | ** Against | |
| Fullerton Police Officers’ Association | ** Support | |
| Initiate Justice | ** Against | |
| Justice2jobs Coalition | ** Against | |
| LA Defensa | ** Against | |
| League Of California Cities | ** Support | |
| Los Angeles School Police Management Association | ** Support | |
| los angeles school police officers association | ** Support | |
| Murrieta Police Officers’ Association | ** Support | |
| Newport Beach Police Association | ** Support | |
| Palos Verdes Police Officers Association | ** Support | |
| Placer County Deputy Sheriffs’ Association | ** Support | |
| Pomona Police Officers’ Association | ** Support | |
| Riverside County District Attorney | ** Support | |
| RIVERSIDE POLICE OFFICERS ASSOCIATION | ** Support | |
| Riverside Sheriffs’ Association | ** Support | |
| San Diego County District Attorney’s Office (source) | ** Support |
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-4171 | AB 2297 |
THIRD READING
Bill No: AB 2297
Author: Stefani (D)
Amended: 3/26/26 in Assembly
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE: 6-0, 6/9/26
AYES: Arreguín, Seyarto, Caballero, Cortese, Pérez, Wiener
ASSEMBLY FLOOR: 66-0, 4/20/26 - See last page for vote
SUBJECT: Restitution: diversion
SOURCE: San Diego County District Attorney’s Office
DIGEST:
This bill applies the general restitution statute to defendants who enter a diversion program.
ANALYSIS:
Existing law:
- Provides that, in order to preserve and protect a victim’s rights to justice and due process, a victim is entitled to specified rights, including restitution. (Cal. Const., art. I, § 28, subd. (b)(13).)
- Requires that restitution is ordered from the convicted wrongdoer in every case, regardless of the sentence or disposition imposed, in which a crime victim suffers a loss. (Cal. Const., art. I, § 28, subd. (b)(13)(B).)
- States that it is the intent of the Legislature that a victim of a crime who incurs an economic loss as a result of the commission of a crime shall receive restitution directly from a defendant convicted of that crime. (Pen. Code, § 1202.4, subd. (a)(1).)
- Requires the court, upon a person being convicted of a crime, to order the defendant to pay a fine in the form of a penalty assessment. (Pen. Code, § 1202.4, subd. (a)(2).)
- Requires the court, in addition to any other penalty provided or imposed under the law, to order the defendant to pay both of the following: a restitution fine and restitution to the victim or victims, if any, which is enforceable as if the order were a civil judgment and must be paid, as specified. (Pen. Code, § 1202.4, subd. (a)(3).)
- Requires the court to impose a separate and additional restitution fine in every case where a person is convicted of a crime unless it finds compelling and extraordinary reasons for not doing so and states those reasons on the record. Provides that the restitution fine is set at the discretion of the court and commensurate with the seriousness of the offense. (Pen. Code, § 1202.4, subd. (b).)
- Requires the court to impose the restitution fine unless it finds compelling and extraordinary reasons for not doing so and states those reasons on the record. Provides that a defendant’s inability to pay is not a compelling and extraordinary reason not to impose a restitution fine. Provides that inability to pay may be considered only in increasing the amount of the restitution fine in excess of the minimum fine. (Pen. Code, § 1202.4, subd. (c).)
- Requires the court, in setting the amount of the fine in excess of the minimum fine, to consider any relevant factors, including, but not limited to, the defendant’s inability to pay, the seriousness and gravity of the offense and the circumstances of its commission, any economic gain derived by the defendant as a result of the crime, the extent to which any other person suffered losses as a result of the crime, and the number of victims involved in the crime. (Pen. Code, § 1202.4, subd. (d).)
- Requires the court, in every case in which a victim has suffered economic loss as a result of the defendant’s conduct, to require that the defendant make restitution to the victim or victims in an amount established by court order, based on the amount of loss claimed by the victim or victims or any other showing to the court. Provides that the defendant has the right to a hearing before a judge to dispute the determination of the amount of restitution, and authorizes the court to modify the amount, on its own motion or on the motion of the district attorney, the victim or victims, or the defendant. (Pen. Code, § 1202.4, subd. (f)(1).)
- Requires, to the extent possible, that the restitution order be prepared by the sentencing court, identify each victim and each loss to which it pertains, and be of a dollar amount that is sufficient to fully reimburse the victim or victims for every determined economic loss incurred as the result of the defendant’s criminal conduct, including, but not limited to full or partial payment for the value of stolen or damaged property, medical expenses, mental health counseling expenses, and wages or profits lost due to injury incurred by the victim, among other expenses. (Pen. Code, § 1202.4, subd. (f)(3)(A)-(L).)
- Specifies that a restitution order is enforceable by the victim as a civil judgment, and enforceable in the same manner as is provided for the enforcement of any other money judgment. (Pen. Code, §§ 1202.4, subd. (i) & 1214, subd. (b).)
- States that any portion of a restitution fine or restitution fee that remains unsatisfied after a defendant is no longer on probation, parole, postrelease community supervision or mandatory supervision, after a term in custody, or after completing diversion is enforceable by the California Victim Compensation Board (Cal VCB). (Pen. Code, §§ 1202.4, subd. (l) & 1214, subd. (a).)
This bill:
- Requires the court to order restitution to the victim or victims, if any, which is enforceable as if the order were a civil judgment, and paid in the order required under existing law, when a defendant participates in a diversion program.
- Requires a defendant to be informed of their right to have a judicial determination of the amount and is provided with a hearing, or they may waive the hearing or stipulate to the amount ordered.
- Provides that if the court finds that restitution is owed to any victim as a result of the diverted offense, the court must order its payment during the period of diversion.
- Prohibits a defendant’s inability to pay restitution due to indigence or mental disorder from being used as grounds for denial of diversion or a finding that the defendant has failed to comply with the terms of diversion.
- Requires, if the defendant withdraws from diversion or fails to complete the terms of diversion, that a restitution order is suspended until criminal proceedings are resolved.
- States that if the defendant completes diversion, a restitution order may be enforced in the same manner as a civil judgment pursuant to existing provisions of law.
Background
Diversion. Diversion is the suspension of criminal proceedings for a prescribed period of time with certain conditions. A defendant may not be required to admit guilt as a prerequisite for placement in a pretrial diversion program. If diversion is successfully completed, the criminal charges are dismissed and the defendant may, with certain exceptions, legally answer that they have never been arrested or charged for the diverted offense. If diversion is not successfully completed, the criminal proceedings resume.
Diversion programs may be pre-plea or post-plea (often called deferred entry of judgment). Pre-plea programs allow a defendant to participate in the program without admitting guilt. In post-plea programs, the defendant must first admit guilt before participating in the program. The primary difference between the two types of diversion is that in a pre-plea program, criminal proceedings resume if the defendant does not successfully complete the program, and the defendant has the option to plead guilty or pursue a defense against their case. In a post-plea diversion program, the defendant (having already pled guilty) would be sentenced if they do not successfully complete the program.
In recent years, the Legislature has enacted several pre-plea diversion programs such as military diversion (SB 1227 (Hancock), Chapter 658, Statutes of 2013), mental health diversion (SB 215 (Beall), Chapter 1005, Statutes of 2018), diversion for primary caretakers (SB 394 (Skinner), Chapter 593, Statutes of 2019), and court-initiated misdemeanor diversion (AB 3234 (Ting), Chapter 334, Statutes of 2020). Drug diversion was enacted as a pre-plea program and changed to a post-plea program in 1997 (SB 1369 (Kopp), Chapter 1132, Statutes of 1996), then changed back to a pre-plea program (AB 208 (Eggman), Chapter 778, Statutes of 2017). Existing law also authorizes a city or county prosecuting attorney or county probation department, until January 1, 2031, to create a diversion or deferred entry of judgment program for individuals who commit a theft offense or repeat theft offenses. (Pen. Code, § 1001.81.)
Restitution. The California Constitution guarantees victims the right to restitution. Specifically, the California Constitution provides that, in order to preserve and protect a victim’s rights to justice and due process, a victim shall be entitled to specified rights, including among others, restitution. (Cal. Const., art. I, § 28, subd. (b)(13); added by Proposition 8, approved by California voters in the general election on November 8, 1982.) It also states that “[i]t is the unequivocal intention of the People of the State of California that all persons who suffer losses as a result of criminal activity shall have the right to restitution from the persons convicted of the crimes for losses they suffer. Restitution shall be ordered from the convicted persons in every case, regardless of the sentence or disposition imposed, in which a crime victim suffers a loss, unless compelling and extraordinary reasons exist to the contrary.” (Cal. Const., art. I, § 28, subd. (b).) “A victim’s right to restitution is, therefore, a constitutional one; it cannot be bargained away or limited, nor can the prosecution waive the victim’s right to receive restitution.” (People v. Gross (2015) 238 Cal.App.4th 1313, 1317-1318.)
As directed by the voters, the Legislature enacted Penal Code section 1202.4 to implement the Victims’ Bill of Rights. (Gross, supra, 238 Cal.App.4th at p. 1318; People v. Seymour (2015) 239 Cal.App.4th 1418, 1435.) This statute provides that “in every case in which a victim has suffered economic loss as a result of the defendant’s conduct, the court shall require that the defendant make restitution to the victim or victims in an amount established by court order.” (Pen. Code, § 1202.4, subd. (f).) The statute further provides that a “defendant’s inability to pay shall not be a consideration in determining the amount of a restitution order.” (Pen. Code, § 1202.4, subd. (g).) Rather, victim restitution orders must be of a dollar amount that is sufficient to fully reimburse the victim, which can include an assortment of expenses such as medical expenses, mental health counseling expenses, wages or lost profits, noneconomic losses like psychological harm, actual and reasonable attorney’s fees, and relocation fees. (Pen. Code, § 1202.4, subd. (f).) The victim restitution order must also include interest at the rate of 10% per annum. (Pen. Code, § 1202.4, subd. (f)(3)(G).)
If the amount of restitution cannot be ascertained at the time of sentencing, the court must include a provision in the restitution order that the restitution amount must be determined at a future time. (Pen. Code, § 1202.4, subd. (f).) The trial court must incorporate the restitution order in the defendant’s conditions of probation. (Pen. Code, § 1202.4, subd. (l).) If part of a restitution order has not been paid after a defendant is no longer on probation, it remains enforceable by the victim as though it were a civil judgment. (Pen. Code, § 1202.4, subd. (i); Pen. Code, § 1214.) Notably, if a defendant is unable to pay full restitution within the initial term of probation, the court can modify and extend the period of probation to allow the defendant to pay off all restitution within the probation term. (Pen. Code, §1203.3, subd. (b)(4); People v. Cookson (1991) 54 Cal.3d 1091, 1097.) Generally, the probation term may be extended up to, but not beyond, the maximum probation period allowed for the offense. (People v Medeiros (1994) 25 Cal.App.4th 1260, 1267-1268.)
Payment of victim restitution goes directly to the victim and compensates them for economic losses they have suffered because of the defendant’s crime (i.e., to make the victim reasonably whole). (People v. Guillen (2013) 218 Cal.App.4th 975, 984.) A victim restitution order is an enforceable civil money judgment, and typical post-judgment enforcement tools are available to the victim. (Pen. Code, § 1214, subd. (b).) Victims have access to all available resources to enforce the order, including wage garnishment and lien procedures, even if the defendant is no longer in custody or on supervision. (Ibid.)
Restitution is specifically authorized in several of the existing diversion statutes. For example, the mental health diversion law provides that “[u]pon request, the court shall conduct a hearing to determine whether restitution, as defined in subdivision (f) of Section 1202.4, is owed to any victim as a result of the diverted offense and, if owed, order its payment during the period of diversion.” (Pen. Code, § 1001.36, subd. (f)(1)(D).) The court-initiated misdemeanor diversion program requires a defendant to “[m]ake full restitution.” (Pen. Code, § 1001.96, subd. (b).) Both statutes provide that a defendant’s inability to pay restitution due to indigence “shall not be grounds for denial of diversion or a finding that the defendant has failed to comply with the terms of diversion.” (Pen. Code, §§ 1001.36, subd. (f)(1)(D); 1001.96, subd. (b).)
The theft diversion statute provides that a condition of diversion may include “[m]aking adequate restitution or an appropriate substitute for restitution to the establishment or person from which property was stolen at the face value of the stolen property, if required by the program.” (Pen. Code, § 1001.81, subd. (e)(2).) The bad check diversion statute contains a similar provision that states that a condition of diversion may include “[f]ull restitution being made to the victim.” (Pen. Code, § 1001.64.) Comparatively, the statutes that established diversion for individuals with developmental disabilities, parental diversion, military diversion, primary caregiver diversion, and drug diversion are silent on victim restitution. (Pen. Code, §§ 1001.20 et seq.; 1001.70 et seq.; 1001.80; 1001.83; 1000.)
This bill’s proponents argue that the individual diversion statutes are inconsistent with respect to their approach to victim restitution which has resulted in courts frequently not ordering victim restitution. They contend that placing the authority to order diversion within the general restitution statute—Penal Code section 1202.4—will ensure more even application and provide an avenue for enforcement after the period of diversion has ended.
This bill amends Penal Code section 1202.4 to provide a right to restitution for victims of crimes where the defendant participates in a diversion program. Because existing law requires victim compensation after a conviction, and a defendant who participates successfully in a diversion program would not have a conviction for the underlying offense, courts may only order restitution if the individual diversion statute authorizes it. This bill applies the same rights to a hearing to determine the amount of restitution, if any, as exists for defendants who have been convicted of a crime. Consistent with the diversion statutes that explicitly provide for restitution, this bill prohibits a defendant’s inability to pay restitution due to indigence or mental disorder from being used as grounds for denial of diversion or a finding that the defendant has failed to comply with the terms of diversion. Finally, the bill provides that if the defendant completes diversion, a restitution order may be enforced pursuant to Penal Code section 1214. Section 1214 states that any portion of a restitution fine that remains unsatisfied after a defendant has completed diversion is enforceable by the California Victim Compensation Board.
FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No
SUPPORT: (Verified 6/9/26)
San Diego County District Attorney’s Office (source)
American Property Casualty Insurance Association
Arcadia Police Officers’ Association
Brea Police Association
Burbank Police Officers’ Association
California Association of School Police Chiefs
California Coalition of School Safety Professionals
California District Attorneys Association
California Narcotic Officers’ Association
California Police Chiefs Association
California Reserve Peace Officers Association
Chief Probation Officers’ of California
Claremont Police Officers Association
Corona Police Officers Association
Culver City Police Officers’ Association
Fullerton Police Officers’ Association
League of California Cities
Los Angeles School Police Management Association
Los Angeles School Police Officers Association
Murrieta Police Officers’ Association
Newport Beach Police Association
Palos Verdes Police Officers Association
Placer County Deputy Sheriffs’ Association
Pomona Police Officers’ Association
Riverside Police Officers Association
Riverside Sheriffs’ Association
OPPOSITION: (Verified 6/9/26)
ACLU California Action
California Public Defenders Association
Debt Free Justice California
Ella Baker Center for Human Rights
Initiate Justice
Justice2Jobs Coalition
La Defensa
ASSEMBLY FLOOR: 66-0, 4/20/26
AYES: Addis, Aguiar-Curry, Ahrens, Alanis, Alvarez, Ávila Farías, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Calderon, Carrillo, Castillo, Chen, Connolly, Davies, DeMaio, Dixon, Ellis, Flora, Fong, Gabriel, Gallagher, Gipson, Jeff Gonzalez, Mark González, Hadwick, Haney, Harabedian, Hoover, Irwin, Jackson, Johnson, Krell, Lackey, Lowenthal, Macedo, Muratsuchi, Nguyen, Ortega, Pacheco, Papan, Patel, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Ransom, Michelle Rodriguez, Rogers, Blanca Rubio, Sanchez, Schiavo, Schultz, Solache, Soria, Stefani, Ta, Tangipa, Valencia, Wallis, Wicks, Wilson, Zbur, Rivas
NO VOTE RECORDED: Arambula, Bonta, Bryan, Caloza, Elhawary, Garcia, Hart, Kalra, Lee, McKinnor, Patterson, Celeste Rodriguez, Sharp-Collins, Ward
Prepared by: Stephanie Jordan / PUB. S. /
6/10/26 16:58:19
**** END ****
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Jesse Arreguín, Chair
2025 - 2026 Regular
Bill No: AB 2297 Hearing Date: June 9, 2026
Author: | Stefani | ||
Version: | March 26, 2026 | ||
Urgency: | No | Fiscal: | No |
Consultant: | SJ | ||
Subject: Restitution: diversion
HISTORY
Source: San Diego District Attorney’s Office
Prior Legislation: AB 1213 (Stefani), Ch. 184, Stats. of 2025
SB 1025 (Eggman), Ch. 924, Stats. of 2024
AB 2294 (Jones-Sawyer), Ch. 856, Stats. of 2022
AB 1803 (Jones-Sawyer), Ch. 494, Stats. of 2022
SB 1106 (Wiener), Ch. 734, Stats. of 2022
AB 3224 (Ting), Ch. 334, Stats. of 2020
AB 177 (Com. on Budget), Ch. 257, Stats. of 2021
SB 394 (Skinner), Ch. 593, Stats. of 2019
SB 215 (Beall), Ch. 1005, Stats. of 2018
AB 1810 (Com. on Budget), Ch. 34, Stats. of 2018
SB 1227 (Hancock), Ch. 658, Stats. of 2013
SB 651 (Leyva), Ch.131, Stats. of 2015
AB 576 (Torres), Ch. 454, Stats. of 2009
Proposition 8, approved by the voters on June 8, 1982
SB 714 (Deukmejian), Ch. 1255, Stats. of 1972
Support: American Property Casualty Insurance Association; Arcadia Police Officers’ Association; Brea Police Association; Burbank Police Officers’ Association; California Association of School Police Chiefs; California Coalition of School Safety Professionals; California District Attorneys Association; California Narcotic Officers’ Association; California Police Chiefs Association; California Reserve Peace Officers Association; Chief Probation Officers’ of California ; Claremont Police Officers Association; Corona Police Officers Association; Culver City Police Officers’ Association; Fullerton Police Officers’ Association; League of California Cities; Los Angeles School Police Management Association; Los Angeles School Police Officers Association; Murrieta Police Officers’ Association; Newport Beach Police Association; Palos Verdes Police Officers Association; Placer County Deputy Sheriffs’ Association; Pomona Police Officers’ Association; Riverside Police Officers Association; Riverside Sheriffs’ Association
Opposition: ACLU California Action; California Public Defenders Association; Debt Free Justice California; Justice2Jobs Coalition; La Defensa
Assembly Floor Vote: 66 - 0
PURPOSE
The purpose of this bill is to apply the general restitution statute to defendants who enter a diversion program.
Existing law provides that, in order to preserve and protect a victim’s rights to justice and due process, a victim is entitled to specified rights, including restitution. (Cal. Const., art. I, § 28, subd. (b)(13).)
Existing law provides that it is the unequivocal intention of the People of the State of California that all persons who suffer losses as a result of criminal activity have the right to seek and secure restitution from the persons convicted of the crimes causing the losses they suffer. (Cal. Const., art. I, § 28, subd. (b)(13)(A).)
Existing law requires that restitution is ordered from the convicted wrongdoer in every case, regardless of the sentence or disposition imposed, in which a crime victim suffers a loss. (Cal. Const., art. I, § 28, subd. (b)(13)(B).)
Existing law states that it is the intent of the Legislature that a victim of a crime who incurs an economic loss as a result of the commission of a crime shall receive restitution directly from a defendant convicted of that crime. (Pen. Code, § 1202.4, subd. (a)(1).)
Existing law requires the court, upon a person being convicted of a crime, to order the defendant to pay a fine in the form of a penalty assessment. (Pen. Code, § 1202.4, subd. (a)(2).)
Existing law requires the court, in addition to any other penalty provided or imposed under the law, to order the defendant to pay both of the following:
- A restitution fine.
- Restitution to the victim or victims, if any, which is enforceable as if the order were a civil judgment and must be paid, as specified. (Pen. Code, § 1202.4, subd. (a)(3).)
Existing law requires the court to impose a separate and additional restitution fine in every case where a person is convicted of a crime unless it finds compelling and extraordinary reasons for not doing so and states those reasons on the record. Provides that the restitution fine is set at the discretion of the court and commensurate with the seriousness of the offense. (Pen. Code, § 1202.4, subd. (b).)
Existing law requires the court to impose the restitution fine unless it finds compelling and extraordinary reasons for not doing so and states those reasons on the record. Provides that a defendant’s inability to pay is not a compelling and extraordinary reason not to impose a restitution fine. Provides that inability to pay may be considered only in increasing the amount of the restitution fine in excess of the minimum fine. (Pen. Code, § 1202.4, subd. (c).)
Existing law requires the court, in setting the amount of the fine in excess of the minimum fine, to consider any relevant factors, including, but not limited to, the defendant’s inability to pay, the seriousness and gravity of the offense and the circumstances of its commission, any economic gain derived by the defendant as a result of the crime, the extent to which any other person suffered losses as a result of the crime, and the number of victims involved in the crime. (Pen. Code, § 1202.4, subd. (d).)
Existing law provides that the restitution fine is not subject to penalty assessments. (Pen. Code, § 1202.4, subd. (e).)
Existing law requires the court, in every case in which a victim has suffered economic loss as a result of the defendant’s conduct, to require that the defendant make restitution to the victim or victims in an amount established by court order, based on the amount of loss claimed by the victim or victims or any other showing to the court. Provides that the defendant has the right to a hearing before a judge to dispute the determination of the amount of restitution, and authorizes the court to modify the amount, on its own motion or on the motion of the district attorney, the victim or victims, or the defendant. (Pen. Code, § 1202.4, subd. (f)(1).)
Existing law requires, to the extent possible, that the restitution order be prepared by the sentencing court, identify each victim and each loss to which it pertains, and be of a dollar amount that is sufficient to fully reimburse the victim or victims for every determined economic loss incurred as the result of the defendant’s criminal conduct, including, but not limited to, all of the following:
- Full or partial payment for the value of stolen or damaged property.
- Medical expenses.
- Mental health counseling expenses.
- Wages or profits lost due to injury incurred by the victim, and if the victim is a minor, wages or profits lost by the minor’s parent, parents, guardian, or guardians, while caring for the injured minor. Includes commission income as well as base wages.
- Wages or profits lost by the victim, and if the victim is a minor, wages or profits lost by the minor’s parent, parents, guardian, or guardians, due to time spent as a witness or in assisting the police or prosecution. Includes include commission income as well as base wages.
- Noneconomic losses, including, but not limited to, psychological harm, for felony violations of child sexual assault, as specified.
- Interest, at the rate of 10 percent per year that accrues as of the date of sentencing or loss, as determined by the court.
- Actual and reasonable attorney’s fees and other costs of collection accrued by a private entity on behalf of the victim.
- Expenses incurred by an adult victim in relocating away from the defendant, including, but not limited to, deposits for utilities and telephone service, deposits for rental housing, temporary lodging and food expenses, clothing, and personal items.
- Expenses to install or increase residential security incurred related to domestic violence or a violent felony, including, but not limited to, a home security device or system, or replacing or increasing the number of locks.
- Expenses to retrofit a residence or vehicle, or both, to make the residence accessible to or the vehicle operational by the victim, if the victim is permanently disabled, whether the disability is partial or total, as a direct result of the crime.
- Expenses for a period of time reasonably necessary to make the victim whole, for the costs to monitor the credit report of, and for the costs to repair the credit of, a victim of identity theft. (Pen. Code, § 1202.4, subd. (f)(3)(A)-(L).)
Existing law specifies that a restitution order is enforceable by the victim as a civil judgment, and enforceable in the same manner as is provided for the enforcement of any other money judgment. (Pen. Code, §§ 1202.4, subd. (i) & 1214, subd. (b).)
Existing law states that any portion of a restitution fine or restitution fee that remains unsatisfied after a defendant is no longer on probation, parole, postrelease community supervision or mandatory supervision, after a term in custody, or after completing diversion is enforceable by the California Victim Compensation Board (Cal VCB). (Pen. Code, §§ 1202.4, subd. (l) & 1214, subd. (a).)
Existing law provides that for purposes of restitution, “victim” includes all of the following:
- The immediate surviving family of the actual victim.
- A corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity when that entity is a direct victim of a crime.
- A person who has sustained economic loss as the result of a crime and who satisfies any of the following conditions:
- At the time of the crime was the parent, grandparent, sibling, spouse, child, or grandchild of the victim.
- At the time of the crime was living in the household of the victim.
- At the time of the crime was a person who had previously lived in the household of the victim for a period of not less than two years in a relationship substantially similar to a relationship of parent, grandparent, sibling, spouse, child, or grandchild of the victim.
- Is another family member of the victim, including, but not limited to, the victim’s fiancé, and who witnessed the crime.
- Is the primary caretaker of a minor victim.
- A person who is eligible to receive assistance from the Restitution Fund.
- A governmental entity that is responsible for repairing, replacing, or restoring public or privately owned property that has been defaced with graffiti or other inscribed material and that has sustained an economic loss as the result of specified crimes. (Pen. Code, § 1202.4, subd. (k).)
This bill requires the court to order restitution to the victim or victims, if any, which is enforceable as if the order were a civil judgment, and paid in the order required under existing law, when a defendant participates in a diversion program.
This bill requires a defendant to be informed of their right to have a judicial determination of the amount and is provided with a hearing, or they may waive the hearing or stipulate to the amount ordered.
This bill provides that if the court finds that restitution is owed to any victim as a result of the diverted offense, the court must order its payment during the period of diversion.
This bill prohibits a defendant’s inability to pay restitution due to indigence or mental disorder from being used as grounds for denial of diversion or a finding that the defendant has failed to comply with the terms of diversion.
This bill requires, if the defendant withdraws from diversion or fails to complete the terms of diversion, that a restitution order is suspended until criminal proceedings are resolved.
This bill states that if the defendant completes diversion, a restitution order may be enforced in the same manner as a civil judgment pursuant to existing provisions of law.
This bill states that it is the intent of the Legislature that a victim of a crime who incurs an economic loss as a result of the commission of a crime shall receive restitution directly from a defendant who enters a diversion program resulting from that crime.
This bill makes other conforming changes.
COMMENTS
- Need For This Bill
According to the author:
Since its creation following the 1982 Victims’ Bill of Rights, restitution has always been tied to a formal conviction. As diversion programs have expanded in use as rehabilitative tools, more cases resolve without convictions. Of the 14 diversion programs currently in law, 10 are silent regarding a defendant’s responsibility to pay restitution to their victim while others create a patchwork of partial or limited restitution depending on whether and which diversion was applied. The inconsistencies in diversion statutes often leave courts without jurisdiction to order a victim’s losses to be repaid or result in unequal treatment for comparable offenses. AB 2297 seeks to balance the interests of victims—ensuring they are made whole—while also maintaining equitable access to diversion as an alternative to incarceration or formal conviction, particularly for first-time or low-level offenders. AB 2297 reduces disparities in the legal process, creates reasonable and consistent expectations for defendants and victims alike, and ensures that as newer forms of diversion are contemplated, they will never be created at the expense of a victim’s right to restitution.
- Diversion
Diversion is the suspension of criminal proceedings for a prescribed period of time with certain conditions. A defendant may not be required to admit guilt as a prerequisite for placement in a pretrial diversion program. If diversion is successfully completed, the criminal charges are dismissed and the defendant may, with certain exceptions, legally answer that they have never been arrested or charged for the diverted offense. If diversion is not successfully completed, the criminal proceedings resume.
Diversion programs may be pre-plea or post-plea (often called deferred entry of judgment). Pre-plea programs allow a defendant to participate in the program without admitting guilt. In post-plea programs, the defendant must first admit guilt before participating in the program. The primary difference between the two types of diversion is that in a pre-plea program, criminal proceedings resume if the defendant does not successfully complete the program, and the defendant has the option to plead guilty or pursue a defense against their case. In a post-plea diversion program, the defendant (having already pled guilty) would be sentenced if they do not successfully complete the program.
In recent years, the Legislature has enacted several pre-plea diversion programs such as military diversion (SB 1227 (Hancock), Chapter 658, Statutes of 2013), mental health diversion (SB 215 (Beall), Chapter 1005, Statutes of 2018), diversion for primary caretakers (SB 394 (Skinner), Chapter 593, Statutes of 2019), and court-initiated misdemeanor diversion (AB 3234 (Ting), Chapter 334, Statutes of 2020). Drug diversion was enacted as a pre-plea program and changed to a post-plea program in 1997 (SB 1369 (Kopp), Chapter 1132, Statutes of 1996), then changed back to a pre-plea program (AB 208 (Eggman), Chapter 778, Statutes of 2017).
Existing law also authorizes a city or county prosecuting attorney or county probation department, until January 1, 2031, to create a diversion or deferred entry of judgment program for individuals who commit a theft offense or repeat theft offenses. (Pen. Code, § 1001.81.) Penal Code section 1001.81 specifies that the prosecuting attorney must determine who to refer to the program and who is appropriate for placement in the program. For purposes of the program, “repeat theft offenses” means being cited or convicted for misdemeanor or felony theft from a store or vehicle two or more times in the previous 12 months and failing to appear in court when cited for these crimes or continuing to engage in these crimes after release or after conviction. (Pen. Code, § 1001.81.)
- Constitutional Right to Victim Restitution
The California Constitution guarantees victims the right to restitution. Specifically, the California Constitution provides that, in order to preserve and protect a victim’s rights to justice and due process, a victim shall be entitled to specified rights, including among others, restitution. (Cal. Const., art. I, § 28, subd. (b)(13); added by Proposition 8, approved by California voters in the general election on November 8, 1982.) It also states that “[i]t is the unequivocal intention of the People of the State of California that all persons who suffer losses as a result of criminal activity shall have the right to restitution from the persons convicted of the crimes for losses they suffer. Restitution shall be ordered from the convicted persons in every case, regardless of the sentence or disposition imposed, in which a crime victim suffers a loss, unless compelling and extraordinary reasons exist to the contrary.” (Cal. Const., art. I, sec. 28, subd. (b).) “A victim’s right to restitution is, therefore, a constitutional one; it cannot be bargained away or limited, nor can the prosecution waive the victim’s right to receive restitution.” (People v. Gross (2015) 238 Cal.App.4th 1313, 1317-1318.)
As directed by the voters, the Legislature enacted Penal Code section 1202.4 to implement the Victims’ Bill of Rights. (Gross, supra, 238 Cal.App.4th at p. 1318; People v. Seymour (2015) 239 Cal.App.4th 1418, 1435.) This statute provides that “in every case in which a victim has suffered economic loss as a result of the defendant’s conduct, the court shall require that the defendant make restitution to the victim or victims in an amount established by court order.” (Pen. Code, § 1202.4, subd. (f).) The statute further provides that a “defendant’s inability to pay shall not be a consideration in determining the amount of a restitution order.” (Pen. Code, § 1202.4, subd. (g).) Rather, victim restitution orders must be of a dollar amount that is sufficient to fully reimburse the victim, which can include an assortment of expenses such as medical expenses, mental health counseling expenses, wages or lost profits, noneconomic losses like psychological harm, actual and reasonable attorney’s fees, and relocation fees. (Pen. Code, § 1202.4, subd. (f).) The victim restitution order must also include interest at the rate of 10% per annum. (Pen. Code, § 1202.4, subd. (f)(3)(G).)
If the amount of restitution cannot be ascertained at the time of sentencing, the court must include a provision in the restitution order that the restitution amount must be determined at a future time. (Pen. Code, § 1202.4, subd. (f).) The trial court must incorporate the restitution order in the defendant’s conditions of probation. (Pen. Code, § 1202.4, subd. (l).) If part of a restitution order has not been paid after a defendant is no longer on probation, it remains enforceable by the victim as though it were a civil judgment. (Pen. Code, § 1202.4, subd. (i); Pen. Code, § 1214.)[1] Notably, if a defendant is unable to pay full restitution within the initial term of probation, the court can modify and extend the period of probation to allow the defendant to pay off all restitution within the probation term. (Pen. Code, §1203.3, subd. (b)(4); People v. Cookson (1991) 54 Cal.3d 1091, 1097.) Generally, the probation term may be extended up to, but not beyond, the maximum probation period allowed for the offense. (People v Medeiros (1994) 25 Cal.App.4th 1260, 1267-1268.)
Payment of victim restitution goes directly to the victim and compensates them for economic losses they have suffered because of the defendant’s crime (i.e., to make the victim reasonably whole). (People v. Guillen (2013) 218 Cal.App.4th 975, 984.) A victim restitution order is an enforceable civil money judgment, and typical post-judgment enforcement tools are available to the victim. (Pen. Code, § 1214, subd. (b).) Victims have access to all available resources to enforce the order, including wage garnishment and lien procedures, even if the defendant is no longer in custody or on supervision. (Ibid.)
Last year, the Legislature enacted legislation to clarify that restitution orders take priority over all other fines and fees that may be levied against a defendant based on their conviction. (AB 1213 (Stefani), Chapter 184, Statutes of 2025.)
This bill amends Penal Code section 1202.4 to provide a right to restitution for victims of crimes where the defendant participates in a diversion program. Because existing law requires victim compensation after a conviction, and a defendant who participates successfully in a diversion program would not have a conviction for the underlying offense, courts may only order restitution if the individual diversion statute authorizes it.
- Restitution in the Various Diversion Statutes
Restitution is specifically authorized in several of the existing diversion statutes. For example, the mental health diversion law provides that “[u]pon request, the court shall conduct a hearing to determine whether restitution, as defined in subdivision (f) of Section 1202.4, is owed to any victim as a result of the diverted offense and, if owed, order its payment during the period of diversion.” (Pen. Code, § 1001.36, subd. (f)(1)(D).) The court-initiated misdemeanor diversion program requires a defendant to “[m]ake full restitution.” (Pen. Code, § 1001.96, subd. (b).) Both statutes provide that a defendant’s inability to pay restitution due to indigence “shall not be grounds for denial of diversion or a finding that the defendant has failed to comply with the terms of diversion.” (Pen. Code, §§ 1001.36, subd. (f)(1)(D); 1001.96, subd. (b).)
The theft diversion statute provides that a condition of diversion may include “[m]aking adequate restitution or an appropriate substitute for restitution to the establishment or person from which property was stolen at the face value of the stolen property, if required by the program.” (Pen. Code, § 1001.81, subd. (e)(2).) The bad check diversion statute contains a similar provision that states that a condition of diversion may include “[f]ull restitution being made to the victim.” (Pen. Code, § 1001.64.) Comparatively, the statutes that established diversion for individuals with developmental disabilities, parental diversion, military diversion, primary caregiver diversion, and drug diversion are silent on victim restitution. (Pen. Code, §§ 1001.20 et seq.; 1001.70 et seq.; 1001.80; 1001.83; 1000.)
- Effect of This Bill
The bill’s proponents argue that the individual diversion statutes are inconsistent with respect to their approach to victim restitution which has resulted in courts frequently not ordering victim restitution. They contend that placing the authority to order diversion within the general restitution statute—Penal Code section 1202.4—will ensure more even application and provide an avenue for enforcement after the period of diversion has ended. Opponents of the bill assert that it undermines the purpose of diversion.
It is worth noting that Penal Code section 1001.90 requires the court to impose a diversion restitution fee for all individuals charged with a felony or misdemeanor whose case is diverted. The only type of diversion explicitly excluded from this requirement is diversion for individuals with developmental disabilities. The diversion restitution fee that is imposed pursuant to this statute is deposited into the state’s Restitution Fund. In other words, in almost all cases of diversion, the state is entitled to a restitution fee while the victim of the crime is not entitled to direct restitution unless explicitly provided for in the specific diversion statute that is applicable in that case.
As stated above, this bill requires the court to order restitution to the victim or victims when a defendant participates in a diversion program. This bill applies the same rights to a hearing to determine the amount of restitution, if any, as exists for defendants who have been convicted of a crime. Consistent with the diversion statutes that explicitly provide for restitution, this bill prohibits a defendant’s inability to pay restitution due to indigence or mental disorder from being used as grounds for denial of diversion or a finding that the defendant has failed to comply with the terms of diversion. Finally, the bill provides that if the defendant completes diversion, a restitution order may be enforced pursuant to Penal Code section 1214. Section 1214 states that any portion of a restitution fine that remains unsatisfied after a defendant has completed diversion is enforceable by the Cal VCB.
- Argument in Support
The San Diego District Attorney’s Office, the bill’s sponsor, writes:
Beginning with the Victim’s Bill of Rights in 1983, California prioritized criminal victims by requiring that they be made whole when a person is convicted of an offense resulting in financial harm. In 2008, this effort was emphasized in Marsy’s Law along with the subsequent 2017 amendment to Penal Code section 1202.4, eliminating any justification for a court to decline to order victim restitution following a conviction.
On a separate and parallel timeline, California has made significant efforts to rehabilitate and provide opportunities for offenders who commit crimes that may have been driven by circumstance or situations such as DSM-listed disorders, developmental disabilities, PTSD resulting from military service, and being a primary caretaker or parent. These individuals now have the ability to avoid criminal convictions through statutory diversion programs. Additionally, for persons without these conditions, similar diversion opportunities have been created for lower-level offenders.
While both victim restitution and diversion opportunities are important objectives, Section 1202.4, the primary restitution statute for criminal cases, only gives courts jurisdiction to order restitution when defendants are convicted. The California Penal Code authorizes fourteen unique forms of diversion by which offenders may avoid the conviction required in Section 1202.4 for their victims to be made whole through restitution. When defendants are diverted, the only way a court can derive authority to order restitution is through the particular diversion statute being used, and ten out of the fourteen diversion statutes are completely silent on restitution, leaving courts without jurisdiction to make victims whole.
In 2023, the California Supreme Court offered some insight into this issue in People v. Braden. In that case, the appellant argued that because Penal Code section 1001.36 provides independent authority to order restitution within a mental health diversion case and because restitution is normally an order made at sentencing, the inclusion of restitution jurisdiction within the mental health diversion statute must support the idea that a trial court has the authority to consider a new diversion request, even after a jury’s verdict of guilt. The California Supreme Court disagreed, offering the following explanation for the inclusion of restitution authority in 1001.36:
“The trial court can extend to a defendant all the benefits of mental health diversion, yet also make a victim whole by ordering the payment of restitution that would normally be ordered at sentencing. In this situation, a court is not forced to choose between assisting a defendant with mental health concerns and ordering restitution for a victim… It reflects a legislative policy choice to consider the interests of defendants and victims alike.”
Based on this reasoning, the Court recognized that 1202.4 gives trial courts jurisdiction to order restitution only after a conviction, so when a conviction is avoided through diversion, the victim’s only hope for restitution depends on whether the individual diversion statute independently confers jurisdiction. Said a different way, if a diversion statute is silent on restitution, the unintended reality is a situation which favors the perpetrator over the victim, leaving courts unable to make victims whole even when their losses are clear, documented, and directly caused by the defendant’s criminal conduct.
Only four out of the fourteen statutory forms of diversion mention restitution at all, and even these four are widely inconsistent in scope and procedure, and none of them offer victims the same strong, enforceable protections or expectations as traditional restitution under 1202.4. As stated, the remaining ten diversion statutes are completely silent on restitution, meaning a defendant who has harmed a victim can also enjoy the ability to leave that victim uncompensated and without a remedy in the criminal case.
…
AB 2297 expands Penal Code section 1202.4 to keep up with the increase in diversion opportunities for defendants. It provides for uniformity in cases by placing all restitution expectations in one place, and it ensures that as newer opportunities for diversion are created in the future, victims will never be forgotten. Rehabilitation and accountability need not conflict, and by allowing restitution in diversion cases, the Legislature can reaffirm its commitment to both.
- Argument in Opposition
According to the ACLU California Action:
… [AB 2297] is largely duplicative of existing law, undermines the purpose of diversion, and is unlikely to increase collections on restitution while imposing additional costs on courts and counties.
Under current California law, courts already have the authority to order restitution in many diversion contexts. For example, under mental health diversion, courts must determine whether restitution is owed and order its payment during the diversion period. Similarly, misdemeanor diversion requires people to pay restitution in full as a condition of dismissal, while explicitly recognizing that inability to pay due to indigence cannot be grounds for denial of diversion or failure to comply. AB 2297 is largely duplicative of existing statutory authority.
To the extent the bill seeks to expand restitution to diversion programs that do not currently include such provisions — such as drug diversion — or to mandate restitution across local diversion programs, it raises significant concerns. Local jurisdictions have developed diversion programs, including Behavioral Health Courts, Veterans Justice Courts, and reentry-focused programs, that are designed to promote stability, treatment, and long-term accountability. Imposing restitution in all diversion cases would impose a one-size-fits-all mandate that may undermine the effectiveness of these programs.
More fundamentally, requiring restitution from people in diversion runs counter to the purpose of diversion itself. Diversion is premised on the understanding that individuals have not been convicted of a crime and, in many cases, may have their charges dismissed upon successful completion. Treating diverted individuals as if they have been adjudicated guilty — by imposing financial liability tied to an alleged offense — blurs this distinction and risks imposing consequences without conviction.
In addition, this bill is unlikely to meaningfully increase restitution collection. Most people in the criminal legal system, including those referred to diversion programs, are often low-income and facing significant barriers, including behavioral health needs, housing instability, or other economic challenges. Imposing additional financial obligations in these contexts will likely result in low collection rates while increasing administrative and enforcement costs. As with other forms of court-ordered debt, the costs of collection may outweigh any collections, particularly when imposed on populations with limited ability to pay.
Finally, by layering additional financial obligations onto all diversion programs, AB 2297 risks undermining program success. Diversion programs are most effective when they reduce barriers and support individuals in achieving stability. Adding restitution in all cases may instead create additional hurdles, increasing the likelihood of noncompletion delivering meaningful benefit to people who experience loss or injury.
-- END --
Similarly, any portion of a restitution fine or restitution fee that remains unsatisfied after a defendant is no longer on parole, postrelease community supervision or mandatory supervision, or after a term in custody is enforceable by the Cal VCB. (Pen. Code, § 1214, subd. (a).) ↑
ASSEMBLY THIRD READING
ATR Bill Id:AB 2297
Author:(Stefani)
As Amended Ver:March 26, 2026
Majority vote
SUMMARY
Applies the general restitution statute to defendants who enter a diversion program.
Major Provisions
- States that a court shall order restitution to the victim or victims, if any, which shall be enforceable as if the order were a civil judgment, and paid in the order required under existing law, when a defendant participates in a diversion program.
- Requires a defendant to be informed of their right to have a judicial determination of the amount and is provided with a hearing, or they may waive the hearing or stipulate to the amount ordered.
- Provides that if the court finds that restitution is owed to any victim as a result of the diverted offense, the court shall order its payment during the period of diversion.
- Prohibits a defendant's inability to pay restitution due to indigence or mental disorder from being used as grounds for denial of diversion or a finding that the defendant has failed to comply with the terms of diversion.
- Specifies that if the defendant withdraws from diversion or fails to complete the terms of diversion, a restitution order shall be suspended until criminal proceedings are resolved.
- States that if the defendant completes diversion, a restitution order may be enforced in the same manner as a civil judgment pursuant to existing provisions of law.
- States that it is the intent of the Legislature that a victim of a crime who incurs an economic loss as a result of the commission of a crime shall receive restitution directly from a defendant who enters a diversion program resulting from that crime.
- Makes conforming changes.
COMMENTS
According to the Author
"Since its creation following the 1982 Victims' Bill of Rights, restitution has always been tied to a formal conviction. As diversion programs have expanded in use as rehabilitative tools, more cases resolve without convictions. Of the 14 diversion programs currently in law, 10 are silent regarding a defendant's responsibility to pay restitution to their victim while others create a patchwork of partial or limited restitution depending on whether and which diversion was applied. The inconsistencies in diversion statutes often leave courts without jurisdiction to order a victim's losses to be repaid or result in unequal treatment for comparable offenses. AB 2297 seeks to balance the interests of victims—ensuring they are made whole—while also maintaining equitable access to diversion as an alternative to incarceration or formal conviction, particularly for first-time or low-level offenders. AB 2297 reduces disparities in the legal process, creates reasonable and consistent expectations for defendants and victims alike, and ensures that as newer forms of diversion are contemplated, they will never be created at the expense of a victim's right to restitution."
Arguments in Support
According to the San Diego District Attorney's Office, the sponsor of this bill, "Only four out of the fourteen statutory forms of diversion mention restitution at all, and even these four are widely inconsistent in scope and procedure, and none of them offer victims the same strong, enforceable protections or expectations as traditional restitution under 1202.4. As stated, the remaining ten diversion statutes are completely silent on restitution, meaning a defendant who has harmed a victim can also enjoy the ability to leave that victim uncompensated and without a remedy in the criminal case."
"For example, a defendant with Post Traumatic Stress Disorder (PTSD), charged with VC23153 after driving under the influence and injuring the victim, might be eligible for diversion under PC 1001.80(n)(1). Because military diversion is silent on restitution, the court would lack any statutory authority to order the defendant to pay restitution to cover the victim's medical bills or car repair bills. Similarly, a person who gets frustrated and breaks his neighbor's lawn ornaments might earn a dismissal of the vandalism charge under PC 1001.83 simply due to the fact that he cares for a child. Because primary caretaker diversion does not independently confer restitution authority, the court would lack statutory jurisdiction to order compensation for the neighbor's broken property."
"AB 2297 expands Penal Code section 1202.4 to keep up with the increase in diversion opportunities for defendants. It provides for uniformity in cases by placing all restitution expectations in one place, and it ensures that as newer opportunities for diversion are created in the future, victims will never be forgotten. Rehabilitation and accountability need not conflict, and by allowing restitution in diversion cases, the Legislature can reaffirm its commitment to both."
Arguments in Opposition
According to Justice2Jobs Coalition, "Under current California law, courts already have the authority to order restitution in many diversion contexts. For example, under mental health diversion, courts must determine whether restitution is owed and order its payment during the diversion period. Similarly, misdemeanor diversion requires people to pay restitution in full as a condition of dismissal, while explicitly recognizing that inability to pay due to indigence cannot be grounds for denial of diversion or failure to comply. AB 2297 is largely duplicative of existing statutory authority."
"To the extent the bill seeks to expand restitution to diversion programs that do not currently include such provisions such as drug diversion, military diversion, etc. or to mandate restitution across local diversion programs, it raises significant concerns. Local jurisdictions have developed diversion programs, including Behavioral Health Courts, Veterans Justice Courts, and reentry-focused programs, that are designed to promote stability, treatment, and long-term accountability. Imposing restitution in all diversion cases would impose a one-size-fits-all mandate that may undermine the effectiveness of these programs."
"State law also already requires the imposition of an up to $1,000 'diversion restitution fee' on anyone charged with a felony or misdemeanor whose case is diverted. Revenue from this fee is deposited into the state Restitution Fund which provides compensation to people who experience loss or injury. More fundamentally, requiring restitution from people in diversion runs counter to the purpose of diversion itself. Diversion is premised on the understanding that individuals have not been convicted of a crime and, in many cases, may have their charges dismissed upon successful completion. The right to restitution only applies to 'all persons who suffer losses as a result of criminal activity shall have the right to seek and secure restitution from the persons convicted of the crimes causing the losses they suffer.' Treating diverted individuals as if they have been adjudicated guilty—by imposing financial liability tied to an alleged offense—blurs this distinction and risks imposing consequences without conviction."
FISCAL COMMENTS
Unknown. This bill is keyed non-fiscal by the Legislative Counsel.
VOTES
ASM PUBLIC SAFETY: 8-0-1
YES: Schultz, Alanis, Mark González, Haney, Harabedian, Lackey, Nguyen, Ramos
ABS, ABST OR NV: Sharp-Collins
UPDATED
VERSION: March 26, 2026
CONSULTANT: Stella Choe / PUB. S. / (916) 319-3744 FN: 0002342
Date of Hearing:
Deputy Chief Counsel: Stella Choe
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Nick Schultz, Chair
ABPCA Bill Id:AB 2297
Author:(Stefani) – As Amended Ver:March 26, 2026
SUMMARY:
Applies the general restitution statute to defendants who enter a diversion program. Specifically, this bill:
- States that a court shall order restitution to the victim or victims, if any, which shall be enforceable as if the order were a civil judgment, and paid in the order required under existing law, when a defendant participates in a diversion program.
- Requires a defendant to be informed of their right to have a judicial determination of the amount and is provided with a hearing, or they may waive the hearing or stipulate to the amount ordered.
- Provides that if the court finds that restitution is owed to any victim as a result of the diverted offense, the court shall order its payment during the period of diversion.
- Prohibits a defendant’s inability to pay restitution due to indigence or mental disorder from being used as grounds for denial of diversion or a finding that the defendant has failed to comply with the terms of diversion.
- Specifies that if the defendant withdraws from diversion or fails to complete the terms of diversion, a restitution order shall be suspended until criminal proceedings are resolved.
- States that if the defendant completes diversion, a restitution order may be enforced in the same manner as a civil judgment pursuant to existing provisions of law.
- States that it is the intent of the Legislature that a victim of a crime who incurs an economic loss as a result of the commission of a crime shall receive restitution directly from a defendant who enters a diversion program resulting from that crime.
- Makes conforming changes.
EXISTING LAW:
- Provides that, in order to preserve and protect a victim’s rights to justice and due process, a victim shall be entitled specified rights, including among others, restitution. (Cal. Const., art. I, § 28, subd. (b)(13).)
- States that it is the unequivocal intention of the People of the State of California that all persons who suffer losses as a result of criminal activity shall have the right to seek and secure restitution from the persons convicted of the crimes causing the losses they suffer. (Cal. Const., art. I, § 28, subd. (b)(13)(A).)
- Provides that restitution shall be ordered from the convicted wrongdoer in every case, regardless of the sentence or disposition imposed, in which a crime victim suffers a loss. (Cal. Const., art. I, § 28, subd. (b)(13)(B).)
- Mandates that in every case where a person is convicted of a crime, the court shall impose a separate and additional restitution fine, unless it finds compelling and extraordinary reasons for not doing so and states those reasons on the record. (Pen. Code, § 1202.4, subd. (b).)
- Requires a restitution fine be set at the discretion of the court and commensurate with the seriousness of the offense. If the person is convicted of a felony, the fine shall not be less than $300 and not more than $10,000. If the person is convicted of a misdemeanor, the fine shall not be less than $150 and not more than $1,000. (Pen. Code, § 1202.4, subd. (b)(1).)
- States that, in setting a felony restitution fine, the court may determine the amount of the fine as the product of the minimum fine, as specified above, multiplied by the number of years of imprisonment the defendant is ordered to serve, multiplied by the number of felony counts of which the defendant is convicted. (Pen. Code, § 1202.4, subd. (b)(2).)
- Provides that to the extent possible, the restitution order shall be prepared by the sentencing court, shall identify each victim and each loss to which it pertains, and shall be of a dollar amount that is sufficient to fully reimburse the victim or victims for every determined economic loss incurred as the result of the defendant’s criminal conduct, including, but not limited to, all of the following:
- Full or partial payment for the value of stolen or damaged property. The value of stolen or damaged property shall be the replacement cost of like property, or the actual cost of repairing the property when repair is possible.
- Medical expenses.
- Mental health counseling expenses.
- Wages or profits lost due to injury incurred by the victim, and if the victim is a minor, wages or profits lost by the minor’s parent, parents, guardian, or guardians, while caring for the injured minor. Lost wages shall include commission income as well as base wages. Commission income shall be established by evidence of commission income during the 12-month period prior to the date of the crime for which restitution is being ordered, unless good cause for a shorter time period is shown.
- Wages or profits lost by the victim, and if the victim is a minor, wages or profits lost by the minor’s parent, parents, guardian, or guardians, due to time spent as a witness or in assisting the police or prosecution. Lost wages shall include commission income as well as base wages. Commission income shall be established by evidence of commission income during the 12-month period prior to the date of the crime for which restitution is being ordered, unless good cause for a shorter time period is shown.
- Noneconomic losses, including, but not limited to, psychological harm, for felony violations of child sexual assault, as specified.
- Interest, at the rate of 10 percent per year that accrues as of the date of sentencing or loss, as determined by the court.
- Actual and reasonable attorney’s fees and other costs of collection accrued by a private entity on behalf of the victim.
- Expenses incurred by an adult victim in relocating away from the defendant, including, but not limited to, deposits for utilities and telephone service, deposits for rental housing, temporary lodging and food expenses, clothing, and personal items. Expenses incurred pursuant to this section shall be verified by law enforcement to be necessary for the personal safety of the victim or by a mental health treatment provider to be necessary for the emotional well-being of the victim.
- Expenses to install or increase residential security incurred related to domestic violence, as specified, or a violent felony, as specified, including, but not limited to, a home security device or system, or replacing or increasing the number of locks.
- Expenses to retrofit a residence or vehicle, or both, to make the residence accessible to or the vehicle operational by the victim, if the victim is permanently disabled, whether the disability is partial or total, as a direct result of the crime.
- Expenses for a period of time reasonably necessary to make the victim whole, for the costs to monitor the credit report of, and for the costs to repair the credit of, a victim of identity theft, as specified. (Pen. Code, § 1202.4, subd. (f)(3)(A-L).)
- Full or partial payment for the value of stolen or damaged property. The value of stolen or damaged property shall be the replacement cost of like property, or the actual cost of repairing the property when repair is possible.
- States if a defendant is currently incarcerated in a state prison with two-way audio-video communication capability, the Department of Corrections and Rehabilitation (CDCR), at the request of the California Victim Compensation Board (Cal VCB), may collaborate with a court in any county to arrange for a hearing to impose or amend a restitution order, if the victim has received victim compensation assistance, to be conducted by two-way electronic audio-video communication between the defendant and the courtroom in lieu of the defendant’s physical presence in the courtroom, provided the county has agreed to make the necessary equipment available. (Pen. Code, § 1202.41, subd. (a)(1).)
- Specifies that a restitution order is enforceable by the victim as a civil judgment, and enforceable in the same manner as is provided for the enforcement of any other money judgment. Upon the victim’s request, the court shall provide the victim in whose favor the order of restitution is entered with a certified copy of that order and a copy of the defendant’s financial disclosure. (Pen. Code, §§ 1202.4, subd. (i), & 1214, subd. (b).)
- States that any portion of a restitution fine or restitution fee that remains unsatisfied after a defendant is no longer on probation, parole, postrelease community supervision or mandatory supervision, after a term in custody, or after completing diversion is enforceable by Cal VCB. (Pen. Code, § 1214, subd. (a).)
FISCAL EFFECT:
Unknown
COMMENTS:
- Author's Statement: According to the author, “Since its creation following the 1982 Victims’ Bill of Rights, restitution has always been tied to a formal conviction. As diversion programs have expanded in use as rehabilitative tools, more cases resolve without convictions. Of the 14 diversion programs currently in law, 10 are silent regarding a defendant’s responsibility to pay restitution to their victim while others create a patchwork of partial or limited restitution depending on whether and which diversion was applied. The inconsistencies in diversion statutes often leave courts without jurisdiction to order a victim’s losses to be repaid or result in unequal treatment for comparable offenses. AB 2297 seeks to balance the interests of victims—ensuring they are made whole—while also maintaining equitable access to diversion as an alternative to incarceration or formal conviction, particularly for first-time or low-level offenders. AB 2297 reduces disparities in the legal process, creates reasonable and consistent expectations for defendants and victims alike, and ensures that as newer forms of diversion are contemplated, they will never be created at the expense of a victim’s right to restitution.”
- Diversion Generally: Diversion is the suspension of criminal proceedings for a prescribed time period with certain conditions. A defendant may not be required to admit guilt as a prerequisite for placement in a pretrial diversion program. If diversion is successfully completed, the criminal charges are dismissed and the defendant may, with certain exceptions, legally answer that he or she has never been arrested or charged for the diverted offense. If diversion is not successfully completed, the criminal proceedings resume, however, a hearing to terminate diversion is required.
Diversion programs may be pre-plea or post-plea (often called deferred entry of judgement). Pre-plea programs allow a defendant to participate in the program without admitting guilt. In post-plea programs, the defendant must first admit guilt before participating in the program. The main difference between the two types of diversion is that in a pre-plea program, if the defendant does not successfully complete the program, criminal proceedings resume and the defendant has the option to plead guilty or pursue a defense against their case. In a post-plea diversion program, if a defendant does not successfully complete the program, the defendant having already plead guilty, would be sentenced.
In recent years, the Legislature has enacted several pre-plea diversion programs such as military diversion (SB 1227 (Hancock), chapter 658, statutes of 2013), mental health diversion (SB 215 (Beall), chapter 1005, statutes of 2017), diversion for primary caretakers (SB 394 (Skinner), chapter 593, statutes of 2019), and court-initiated misdemeanor diversion (AB 3234 (Ting), chapter 334, statutes of 2020). Drug diversion was enacted as a pre-plea program and changed to a post-plea program in 1997 (SB 1369 (Kopp), chapter 1132, statutes of 1996), then in 2017 changed back to a pre-plea program (AB 208 (Eggman), chapter 778, statutes of 2017).
Existing law also authorizes a city or county prosecuting attorney or county probation department, until January 1, 2031, to create a diversion or deferred entry of judgment program for persons who commit a theft offense or repeat theft offenses and specifies that the prosecuting attorney is to determine who to refer to the program and who is appropriate for placement in the program. For purposes of the program, “repeat theft offenses” means being cited or convicted for misdemeanor or felony theft from a store or vehicle two or more times in the previous 12 months and failing to appear in court when cited for these crimes or continuing to engage in these crimes after release or after conviction. (Pen. Code, § 1001.81.)
- Constitutional Right to Victim Restitution: The California Constitution guarantees victims the right to restitution. Specifically, Article I, Section 28 of the California Constitution provides that, in order to preserve and protect a victim’s rights to justice and due process, a victim shall be entitled specified rights, including among others, restitution. (Cal. Const., art. I, § 28, subd. (b)(13); added by Proposition 8, approved by California voters in the general election on November 8, 1982.) It also states that “[i]t is the unequivocal intention of the People of the State of California that all persons who suffer losses as a result of criminal activity shall have the right to restitution from the persons convicted of the crimes for losses they suffer. Restitution shall be ordered from the convicted persons in every case, regardless of the sentence or disposition imposed, in which a crime victim suffers a loss, unless compelling and extraordinary reasons exist to the contrary.” (Cal. Const., art. I, sec. 28, subd. (b).) “A victim’s right to restitution is, therefore, a constitutional one; it cannot be bargained away or limited, nor can the prosecution waive the victim's right to receive restitution.” (People v. Gross (2015) 238 Cal.App.4th 1313, 1317-1318.)
As directed by the voters, the Legislature enacted Penal Code section 1202.4 to implement the Victims’ Bill of Rights. (Gross, supra, 238 Cal.App.4th at p. 1318; People v. Seymour (2015) 239 Cal.App.4th 1418, 1435.) This statute provides that “in every case in which a victim has suffered economic loss as a result of the defendant’s conduct, the court shall require that the defendant make restitution to the victim or victims in an amount established by court order.” (Pen. Code, § 1202.4, subd. (f).) The statute further provides that a “defendant’s inability to pay shall not be consideration in determining the amount of a restitution order.” (Pen. Code, § 1202.4, subd. (g).) Rather, victim restitution orders must be of a dollar amount that is sufficient to fully reimburse the victim, which can include an assortment of expenses such as medical expenses, mental health counseling expenses, wages or lost profits, noneconomic losses like psychological harm, actual and reasonable attorney’s fees, and relocation fees. The victim restitution order must also include interest at the rate of 10% per annum. (Pen. Code, § 1204.5, subd. (f)(3).)
If the amount of restitution cannot be ascertained at the time of sentencing, the court shall include a provision in the restitution order that the restitution amount shall be determined at a future time. (Ibid.) The trial court must incorporate the restitution order in the defendant's conditions of probation. (Pen. Code, § 1202.4, subd. (m).) If part of a restitution order has not been paid after a defendant is no longer on probation, it remains enforceable by the victim as though it were a civil judgment. (Pen. Code, 1202.4, subd. (m); Pen. Code, § 1214.) Additionally, if the defendant is unable to pay full restitution within the initial term of probation, the court can modify and extend the period of probation to allow the defendant to pay off all restitution within the probation term. (Pen. Code, §1203.3, subd. (b)(4); People v. Cookson (1991) 54 Cal.3d 1091, 1097.) Generally, the probation term may be extended up to, but not beyond, the maximum probation period allowed for the offense. (People v Medeiros (1994) 25 Cal.App.4th 1260, 1267–1268.)
Payment of victim restitution goes directly to the victim and compensates them for economic losses they have suffered because of the defendant’s crime, i.e., to make the victim reasonably whole. (People v. Guillen (2013) 218 Cal.App.4th 975, 984.) A victim restitution order is an enforceable civil money judgment, and typical post-judgment enforcement tools are available to the victim. (Pen. Code, § 1202.4, subd. (i).) Victims have access to all available resources to enforce the order, including wage garnishment and lien procedures, even if the defendant is no longer in custody or on supervision. (Ibid.)
Last year, the Legislature passed legislation to clarify that restitution orders take priority over all other fines and fees that may be levied against a defendant based on their conviction. (AB 1213 (Stefani), Ch. 184, Stats. 2025.)
This bill would include within Penal Code section 1202.4 a right to restitution for victims of crimes where the defendant participates in a diversion program. Existing law requires victim compensation after a conviction, however a defendant who participates successfully in a diversion program would not receive a conviction for the underlying offense. Thus, courts may only order restitution if the individual diversion statute authorizes it.
- Restitution in the Various Diversion Statutes: Restitution is specifically authorized in several existing diversion statutes. For example, the mental health diversion law provides that “[u]pon request, the court shall conduct a hearing to determine whether restitution, as defined in subdivision (f) of Section 1202.4, is owed to any victim as a result of the diverted offense and, if owed, order its payment during the period of diversion.” (Pen. Code, § 1001.36, subd. (f)(1)(D).) The court-initiated misdemeanor diversion program requires a defendant to “[m]ake full restitution.” (Pen. Code, § 1001.96, subd. (b).) Both statutes provide that a defendant’s inability to pay restitution due to indigence shall not be grounds for denial of diversion or a finding that the defendant has failed to comply with the terms of diversion. (Pen. Code, §§ 1001.36, subd. (f)(1)(D), 1001.96, subd. (b).)
The theft diversion states that a condition of diversion may include “[m]aking adequate restitution or an appropriate substitute for restitution to the establishment or person from which property was stolen at the face value of the stolen property, if required by the program.” (Pen. Code, § 1001.81, subd. (e)(2).)
Comparatively, the military diversion, caregiver diversion, and drug diversion programs are silent on victim restitution. (Pen. Code, §§ 1001.80; 1001.83; 1000.3.)
According to the sponsor of this bill, individual diversion statutes are inconsistent in its applicability to victim restitution which results in courts often not ordering victim restitution. Placing the authority to order diversion within the general restitution statute will ensure more even application and an avenue for enforcement after the period of diversion has ended. This bill will also apply the same rights to a hearing to determine the amount of restitution, if any, as exists for defendants who have been convicted. Consistent with diversion statutes, this bill would provide that a defendant’s inability to pay restitution due to indigence or mental disorder from being used as grounds for denial of diversion or a finding that the defendant has failed to comply with the terms of diversion.
Lastly, the bill contains language to ensure that the restitution order is made while the court has jurisdiction over the matter during the period of diversion, and specifies that if a defendant withdraws from diversion or fails to complete the terms of diversion, the order for restitution shall be suspended until the resolution of the criminal proceedings.
- Argument in Support: According to the San Diego District Attorney’s Office, the sponsor of this bill, “Only four out of the fourteen statutory forms of diversion mention restitution at all, and even these four are widely inconsistent in scope and procedure, and none of them offer victims the same strong, enforceable protections or expectations as traditional restitution under 1202.4. As stated, the remaining ten diversion statutes are completely silent on restitution, meaning a defendant who has harmed a victim can also enjoy the ability to leave that victim uncompensated and without a remedy in the criminal case.
“For example, a defendant with PTSD, charged with VC23153 after driving under the influence and injuring the victim, might be eligible for diversion under PC 1001.80(n)(1). Because military diversion is silent on restitution, the court would lack any statutory authority to order the defendant to pay restitution to cover the victim’s medical bills or car repair bills. Similarly, a person who gets frustrated and breaks his neighbor’s lawn ornaments might earn a dismissal of the vandalism charge under PC 1001.83 simply due to the fact that he cares for a child. Because primary caretaker diversion does not independently confer restitution authority, the court would lack statutory jurisdiction to order compensation for the neighbor’s broken property.
“AB 2297 expands Penal Code section 1202.4 to keep up with the increase in diversion opportunities for defendants. It provides for uniformity in cases by placing all restitution expectations in one place, and it ensures that as newer opportunities for diversion are created in the future, victims will never be forgotten. Rehabilitation and accountability need not conflict, and by allowing restitution in diversion cases, the Legislature can reaffirm its commitment to both.”
- Argument in Opposition: According to Justice2Jobs Coalition, “Under current California law, courts already have the authority to order restitution in many diversion contexts. For example, under mental health diversion, courts must determine whether restitution is owed and order its payment during the diversion period. Similarly, misdemeanor diversion requires people to pay restitution in full as a condition of dismissal, while explicitly recognizing that inability to pay due to indigence cannot be grounds for denial of diversion or failure to comply. AB 2297 is largely duplicative of existing statutory authority.
“To the extent the bill seeks to expand restitution to diversion programs that do not currently include such provisions such as drug diversion, military diversion, etc. or to mandate restitution across local diversion programs, it raises significant concerns. Local jurisdictions have developed diversion programs, including Behavioral Health Courts, Veterans Justice Courts, and reentry-focused programs, that are designed to promote stability, treatment, and long-term accountability. Imposing restitution in all diversion cases would impose a one-size-fits-all mandate that may undermine the effectiveness of these programs.
“State law also already requires the imposition of an up to $1,000 ‘diversion restitution fee’ on anyone charged with a felony or misdemeanor whose case is diverted. Revenue from this fee is deposited into the state Restitution Fund which provides compensation to people who experience loss or injury. More fundamentally, requiring restitution from people in diversion runs counter to the purpose of diversion itself. Diversion is premised on the understanding that individuals have not been convicted of a crime and, in many cases, may have their charges dismissed upon successful completion. The right to restitution only applies to ‘all persons who suffer losses as a result of criminal activity shall have the right to seek and secure restitution from the persons convicted of the crimes causing the losses they suffer.’ Treating diverted individuals as if they have been adjudicated guilty—by imposing financial liability tied to an alleged offense—blurs this distinction and risks imposing consequences without conviction.”
- Related Legislation: AB 46 (Nguyen) makes various changes to the mental health diversion law, including changing the public safety standard for finding a particular defendant suitable for diversion. AB 46 is pending hearing in the Senate Appropriations Committee.
- Prior Legislation:
- AB 1213 (Stefani), Chapter 184, Statutes of 2025, clarifies that a restitution order be paid before all fines, restitution fines, penalty assessments, and other fees, as specified.
- AB 1803 (Jones-Sawyer), Chapter 494, Statutes of 2022, prohibited a court from denying expungement relief to an otherwise qualified person, and who meets the criteria, as specified, for a waiver of court fees and costs, solely on the basis that the person has not yet satisfied their restitution obligations.
- SB 1106 (Wiener), Chapter 734, Statutes of 2022, prohibited the denial of a petition for expungement relief, the denial of release on parole to another state, and the denial of a petition for reduction of a conviction, solely on the basis that the person has not yet satisfied their restitution obligations.
- SB 651 (Leyva), Chapter 131, Statutes of 2015, expanded the definition of “victim” in juvenile proceedings to include a corporation, estate, or other legal or commercial entity when that entity is a direct victim of a crime and a person who has sustained economic loss because of a crime and who satisfies specified conditions.
- AB 576 (Torres), Chapter 454, Statutes of 2009, expanded the definition of a “victim” for the purposes of restitution to include any governmental entity responsible for repairing, replacing or restoring public and privately owned property defaced with graffiti or other inscribed material, as specified, and has sustained economic loss as a result.
REGISTERED SUPPORT / OPPOSITION:
Support
California District Attorneys Association
California Police Chiefs Association
League of California Cities
Riverside County District Attorney
San Diego County District Attorney's Office
Opposition
ACLU California Action
California Public Defenders Association
Debt Free Justice California
Initiate Justice
Justice2jobs Coalition
LA Defensa
Analysis Prepared by:
Stella Choe / PUB. S. / (916) 319-3744
Discussed in Hearing
2MIN
Senate Floor
16MIN
Senate Standing Committee on Public Safety
1MIN
Assembly Floor
16MIN
Assembly Standing Committee on Public Safety
Bill Author
Bill Co-Author(s):