If a defendant has been convicted of a crime and his or her sentence includes a period of parole, what is the effect on the revocation of his parole?

California, United States of America

The following excerpt is from People v. Carachure, G051613 (Cal. App. 2016):

"In every case where a person is convicted of a crime and his or her sentence includes a period of parole, the court shall . . . assess an additional parole revocation restitution fine . . . ." (1202.45, subd. (a).) The fine is suspended unless parole is revoked. (1202.45, subd. (c).) Ordinarily, if a trial court imposes an LWOP sentence it cannot impose the fine. (People v. Battle (2011) 198 Cal.App.4th 50, 63.) But if a defendant's sentence also includes a determinate term, the parole revocation fine is required even if the defendant "is unlikely to ever serve any part of the parole period on his determinate sentence." (People v. Brasure (2008) 42 Cal.4th 1037, 1075 [parole

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revocation fine upheld where court imposed determinate sentence in addition to defendant's death sentence].)

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