Can a defendant be subject to a parole revocation restitution fine if his sentence does not include a period of supervision?

California, United States of America


The following excerpt is from People v. Everette, E055145, E055146 (Cal. App. 2013):

mandatory supervision. Thus, he cannot be subject to a parole revocation restitution fine. The People agree that a parole revocation fine does not apply where a sentence does not include a period of parole. (People v. Ybarra (2008) 166 Cal.App.4th 1069, 1097.) Because defendant is being sentenced to jail rather than prison, he is not subject to a period of parole or its accompanying parole revocation restitution fine. On this point, we agree with the parties and will amend the fines as discussed in more detail below.

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