What is the effect of section 1202.45 of the California Criminal Code on parole revocation restitution?

California, United States of America


The following excerpt is from People v. Ruiz, F059451 (Cal. App. 2011):

Section 1202.45 provides, in pertinent part: "In every case where a person is convicted of a crime and whose sentence includes a period of parole, the court shall ... assess an additional parole revocation restitution fine in the same amount as that imposed pursuant to subdivision (b) of Section 1202.4. This additional parole revocation restitution fine ... shall be suspended unless the person's parole is revoked." A "case," for purposes of section 1202.45, is "a formal criminal proceeding, filed by the prosecution and handled by the court as a separate action with its own number." (People v. Soria (2010) 48 Cal.4th 58, 64-65.)

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