Restitution in Diversion

The 23rd Judicial District Diversion Counseling Program’s  Restitution Policy

General Purpose

Victims and communities may suffer financial harm when the law is broken. It is the defendant’s obligation to repair this harm and to make amends by paying restitution. Restitution is a sum of money paid to compensate the victim for their loss or injury that is directly related to the crime, and which was caused by the defendant’s criminal behavior. This policy applies in every Diversion Counseling Program (“DCP”) case where restitution is owed. Restitution must be paid in full within one year of acceptance into the DCP.

Restitution Required for Successful Completion

The DCP strives to successfully close out cases as soon as an individual has completed the terms of his or her individual diversion treatment plan. A client cannot be successfully discharged from diversion until restitution has been paid in full. Unpaid restitution may result in a client’s case remaining in diversion while restitution payments are being completed, up to one year from the time of acceptance into the DCP. If restitution has not been paid in full after one year, the case will be evaluated for a possible return to court, and diversion will seek out the victim’s position about the case remaining in diversion while the client continues to pay off restitution.

When a Payment Plan is Necessary & Minimum Payment Amounts

If the restitution amount is known at the time of the client’s acceptance into the DCP, the client will have 30 days to pay off restitution in full. If restitution has not been paid in full within 30 days of a client’s acceptance into the DCP, the client must enter into a payment plan.

If a restitution amount is finalized after a client’s acceptance into the DCP (up to 60 days beyond the date of acceptance), the client will have 30 days to pay off restitution in full, starting from the date the client was informed of the restitution amount. Clients who are not able to pay in full within 30 days of being notified of the final amount must enter into a payment plan.

Minimum payments will be determined by the amount of restitution owed but are no less than $25 per payment.

Unsupervised Status

If a client completes all terms of their treatment plan but still has a restitution balance, the case will be moved to an “unsupervised” status. Clients will still be expected to make restitution payments on a monthly basis (with a minimum payment of $25.00) but will no longer be required to have regular meetings with their diversion counselor or case manager. Counselors and case managers will still verify the client’s whereabouts on a regular basis (either through phone calls or brief virtual visits), but no service delivery will take place. A client is still subject to all terms and conditions of their diversion contract while they are in the program, and clients who have committed an offense involving the use or possession of alcohol and/or controlled substances can still be required to submit UAs to verify sobriety. A violation of the diversion contract while a client is on an “unsupervised” status may result in the case being returned to court.

Co-Defendants

In the event multiple co-defendants from the same case are all accepted into diversion, the amount of restitution due will be split evenly among offenders, unless all offenders mutually agree to another arrangement.

In the event that co-defendant cases are split between diversion and the court system, the total restitution amount will be divided by the total number of charged co-defendants, and the defendant(s) in diversion will be responsible for their proportional share. (Example: Total restitution in a case is $3,000, and there are three co-defendants. One co-defendant is accepted into diversion and the other two co-defendant’s cases proceed through the court system. The restitution agreement for the defendant in diversion will reflect an amount of $1,000).   

If there are multiple co-defendants in a case, the 45-day restitution deadline begins from the date the first defendant is accepted into the DCP.

Computation of Allowable Costs & Deadlines

In computing restitution and determining allowable costs, the DCP follows C.R.S. § 18-1.3-603(2)(b).

The District Attorney’s Office Restitution Specialist will work to collect documentation of losses to determine the total amount of restitution owed. Victims must return their Victim Impact Statement (VIS) and supporting documentation within 45 days of DCP acceptance for restitution to be sought. Restitution may include property loss or damage, medical bills, mental health costs, home and car repairs, as well as costs paid out by the 23^rd Judicial Victim Compensation Board. Once the restitution amount is determined based on receipts, bills, estimates and/or proof of deductibles, DCP staff will generate a restitution agreement and payment plan. The client will be notified within 60 days from the date the Notice of Acceptance to Diversion is filed if restitution is owed on their case.

Extension Requests

Victims may request extensions for more time to gather and submit documentation related to restitution; however, the request must be made before the original 45-day deadline expires. The granting of any extension requests will be made on a base-by-case basis with the victim/witness specialist and the Diversion Director.

Restitution not adjustable by the DCP

The DCP does not have the ability to adjust the amount of restitution being sought in a case. If a DCP client wishes to challenge the amount of restitution being claimed, the client will need to voluntarily withdraw from the DCP, and the case will be returned to court.

Late Fees & Missed Payments

DCP reserves the right to add a $25 late fee for each missed, late, or insufficient payment. Late fees and missed or insufficient payment balances are due, in addition to the regular monthly minimum payment, on or before the 20th of the following month.

Three or more missed restitution payments results in a case being eligible for return to court and will be staffed by the DCP to determine a program response.

Methods of Payment

Payments can be made by credit card, e-check, or physical check. Online payments are preferred, and can be made by going to www.coda23.gov, then following the prompts on the “Diversion” heading. Checks should be mailed directly to: