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

California, United States of America


The following excerpt is from People v. Upchurch, C079815 (Cal. App. 2019):

Section 1202.45 provides in part: "(a) In every case where a person is convicted of a crime and his or her sentence includes a period of parole, the court shall, at the time of imposing the restitution fine pursuant to subdivision (b) of Section 1202.4, assess an additional parole revocation restitution fine in the same amount as that imposed pursuant to subdivision (b) of Section 1202.4." The fine shall be suspended unless parole is revoked. ( 1202.45, subd. (c).) The section 1202.45 fine must be assessed when the sentence includes a period of parole. (People v. Battle (2011) 198 Cal.App.4th 50, 63 (Battle).)

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