Is a defendant required to pay a parole revocation restitution fine under section 1202.45 of the California Criminal Code?

California, United States of America

The following excerpt is from People v. Diaz, B258629 (Cal. App. 2016):

Section 1202.45, subdivision (a) requires the court to assess a parole revocation restitution fine "[i]in every case where a person is convicted of a crime and his or her sentence includes a period of parole . . . . " Because each defendant was sentenced to a term of imprisonment that does not include a period of parole, the court should not have ordered each defendant to pay a parole revocation restitution fine. (See People v. Battle (2011) 198 Cal.App.4th 50, 63.) Accordingly, we direct the court to correct the sentencing minute orders and abstracts of judgment by striking the orders imposing parole revocation restitution fines.

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Is a defendant required to pay a parole revocation restitution fine under section 1202.45 of the California Criminal Code?

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