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AB 2297

Restitution: diversion.

2025-2026 Regular Session Introduced by Catherine Stefani

AB 2297 requires courts to order and collect restitution during diversion when owed, ensuring victims are compensated even if offenders participate in diversion.

Referred to Com. on PUB. S.
#restitution #diversion
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Bill Summary · AB 2297

Summary of AB 2297 (2025-2026) – Restitution: diversion

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Purpose and intent
- AB 2297 amends California Penal Code Section 1202.4 to address restitution when a defendant participates in a diversion program.
- The bill aims to ensure victims receive restitution even as offenders engage in diversion, balancing the goals of diversion with timely compensation to victims.

Key provisions and changes
- Restitution during diversion
- If a defendant participates in a diversion program, the court must order restitution to victims if the defendant is informed of the right to a judicial determination of the amount (and a hearing is held, or the defendant waives or stipulates to the amount).
- If the court finds restitution is owed, the restitution must be paid during the period of diversion.
- A defendant’s inability to pay due to indigence or mental disorder cannot be grounds to deny diversion or to find noncompliance with diversion terms.

  • Suspension and completion terms

    • If the defendant withdraws from diversion or fails to complete diversion terms, the restitution order under diversion is suspended until the criminal proceedings are resolved.
    • If the defendant completes diversion, the restitution order may be enforced as provided by law (e.g., similar to standard restitution enforcement).

  • Separate restitution fines (existing framework)

    • The bill preserves the existing obligation to impose a separate and additional restitution fine for all cases, with set minimums and maximums:
    • Felonies: $300 to $10,000 (minimum may be increased based on years of imprisonment and number of felony counts).
    • Misdemeanors: $150 to $1,000.
    • The court may calculate the felony restitution fine as the product of the minimum fine, the years of imprisonment, and the number of felony counts.
    • The restitution fine must be imposed unless the court states compelling and extraordinary reasons otherwise, and inability to pay cannot be treated as a compelling reason to avoid the fine (though inability to pay can affect the amount above the minimum).

  • Factors in setting fines

    • Courts must consider factors such as seriousness of the offense, any economic gain, losses to victims, number of victims, and the defendant’s ability to pay (ability to pay may influence the amount above the minimum).

  • Restitution scope and administration

    • Restitution is enforceable as a civil judgment and deposited into the Restitution Fund, with proceeds distributed according to existing rules.
    • The bill reiterates detailed components of the restitution calculation, including economic losses (property value, medical, wages, noneconomic losses, interest, attorney’s fees, relocation expenses, security costs, etc.), as well as the treatment of assistance provided by the Restitution Fund.

  • Victim and determination rights

    • Victims have the right to a hearing to dispute restitution amounts, with notice provisions for modification hearings.
    • The restitution order should identify victims and losses where possible and be sufficient to fully reimburse determined economic losses.

  • Definitions and eligibility

    • The term “victim” includes victims’ immediate families, entities that are direct victims, and various categories of people or entities with economic losses (including certain family relationships and guardians).
    • Provisions address scenarios involving insurance, subrogation, and third-party interests, with safeguards around transparency and the burden of proof on the defendant.

  • Other procedural notes

    • The bill maintains references to existing statutory procedures for enforcement, discovery of assets, and potential examinations to locate assets for restitution collection.

Who is affected
- Defendants who participate in diversion programs (as well as those entering diversion through a charge or conviction) would have restitution obligations payable during the diversion period.
- Victims and victims’ representatives (e.g., the California Victim Compensation Board) are affected through formal restitution processes and notification obligations.
- Courts will implement these restitution provisions within diversion and sentencing procedures.
- Restitution Fund operations and related state mechanisms may receive increased or redirected restitution payments.

Timeline and procedural aspects
- The bill specifies that restitution in diversion cases should be addressed during the diversion period once a court determines an amount or accepts a stipulation/waiver.
- If diversion is not completed, restitution may be suspended during ongoing criminal proceedings until resolution.
- The annual cycle for restitution collection remains aligned with existing court processes for sentencing and post-conviction enforcement.

Overall impact
- AB 2297 tightens the integration between diversion programs and restitution, ensuring victims are compensated even when offenders participate in diversion, while preserving the ongoing framework for fines and enforcement. It emphasizes victim rights and clarity in restitution determinations during diversion, without allowing indigence or mental illness to bar participation in diversion.

Compiled from official sources — confirm details with the bill’s official record.

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