Military diversion: restitution.

Existing law authorizes a court, with the consent of the defendant and a waiver of the defendant's speedy trial right, to postpone prosecution, either temporarily or permanently, of a misdemeanor and place the defendant in a pretrial diversion program, if the defendant was, or currently is, a member of the United States military and if he or she may be suffering from sexual trauma, traumatic brain injury, post-traumatic stress disorder, substance abuse, or mental health problems as a result of his or her military service. Existing law authorizes the defendant to be referred to services for treatment as part of the pretrial diversion program. Under existing law, if the defendant performs satisfactorily during the period of diversion, at the end of the period of diversion, the criminal charges are required to be dismissed. Existing law provides for the compensation of victims of crime by requiring the court to order a defendant convicted of a crime to pay restitution to the victim or victims of the crime. Existing law establishes the Restitution Fund, a continuously appropriated fund, to indemnify victims of crime. This bill would authorize the court, when a defendant consents to be placed in the veterans' pretrial diversion program, to order the defendant to pay restitution to any victim of the crime. The bill would authorize the use of funds in the Restitution Fund for a new purpose, thereby making an appropriation. By increasing the duties of local agencies that collect restitution funds, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.