Is a defendant subject to a parole revocation restitution fine pursuant to section 1202.45 of the California Criminal Code?

In any event, defendant is not subject to a period of parole following his release from commitment under section 1170, subdivision (h). (People v. Cruz (2012) 207 Cal.App.4th 664, 672, fn. 6.) Thus, he is not subject to a fine pursuant to section 1202.45, subdivision (a).

Effective January 1, 2013, section 1202.45, subdivision (b), addresses persons (such as defendant) who are sentenced pursuant to section 1170, subdivision (h). However, that provision does not apply retroactively to defendant's 2011 offense. (People v. Souza (2012) 54 Cal.4th 90, 143.) Thus, the trial court did not err when it refrained from imposing a parole revocation restitution fine. We direct the trial court to correct the amended abstract of judgment by striking this fine.