Can a defendant be ordered to pay a parole revocation restitution fine under section 1202.45 of the California Penal Code?

California, United States of America


The following excerpt is from People v. Barnes, C078009 (Cal. App. 2017):

23. "Penal Code section 1202.45 requires imposition of a parole revocation restitution fine '[i]n every case where a person is convicted of a crime and whose sentence includes a period of parole.' " (People v. Battle (2011) 198 Cal.App.4th 50, 63, italics added.) Because defendant's original sentence included no period of parole and he was not sentenced to a determinate term, it was improper to impose the parole revocation restitution fine. (See People v. Brasure (2008) 42 Cal.4th 1037, 1075; Battle, at p. 63.) However, now that he must be sentenced to a term that includes a possibility of parole, the parole revocation restitution fine must be imposed and stayed as required by section 1202.45.

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