No,
you don't understand. The restitution phase is governed by civil liability standards--not criminal standards--and for good reason. Guilt has already been proven at great cost to taxpayers under the stricter standards. Assessing restitution does not place the criminal at risk of incarceration and so he is entitled to no greater protection than any other Joe Blow citizen who has been sued in civil proceedings for such property damage.
Whta you are proposing is that special privileges be provided at taxpayer expense to a criminal that a law-abiding citizen cannot get. How is that fair and just?