(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.
(b)In every case where a person is convicted of a crime and is subject to either postrelease community supervision under Section 3451 or mandatory supervision under subparagraph (B) of paragraph (5) of subdivision (h) of Section 1170,
the court shall, at the time of imposing the restitution fine pursuant to subdivision (b) of Section 1202.4, assess an additional postrelease community supervision revocation restitution fine or mandatory supervision revocation restitution fine in the same amount as that imposed pursuant to subdivision (b) of Section 1202.4, that may be collected by the agency designated pursuant to subdivision (b) of Section 2085.5 by the board of supervisors of the county in which the prisoner is incarcerated.
(c)The fines imposed pursuant to subdivisions (a) and (b) shall not be subject to penalty assessments authorized by Section 1464 or Chapter 12 (commencing with Section 76000) of Title 8 of the Government Code, or the state surcharge
authorized by Section 1465.7, and shall be suspended unless the person’s parole, postrelease community supervision, or mandatory supervision is revoked. Fine moneys shall be deposited in the Restitution Fund in the State Treasury.
Notes of Decisions
Cited in
251
cases (
91 in the last 5 years), 1999–2026 · leading case:
People v. Kopp, 250 Cal. Rptr. 3d 852 (Cal. Ct. App. 5th 2019).
People v. Kopp, 250 Cal. Rptr. 3d 852 (Cal. Ct. App. 5th 2019).
“1 ; a drug program fee of $615 under Health and Safety Code section 11372.”
People v. Castellano, 245 Cal. Rptr. 3d 138 (Cal. Ct. App. 5th 2019).
“5 ), which is subject to an additional state court construction penalty ( Gov.”
People v. Calabrese, 2002 Cal. Daily Op. Serv. 7374 (Cal. Ct. App. 2002).
· cites it 5× “Third, Penal Code section 1202.45 requires imposition of a restitution fine when a prison sentence has been imposed, but execution of sentence has been suspended.”
People v. Sharret, 191 Cal. App. 4th 859 (Cal. Ct. App. 2011).
“(b)(1)); a $200 parole revocation restitution fine (Pen. Code, § 1202.45); a $30 court security fee (Pen.”
People v. Battle, 198 Cal. App. 4th 50 (Cal. Ct. App. 2011).
“Parole Revocation Fine The trial court imposed and suspended a parole revocation fine pursuant to Penal Code section 1202.45. Battle contends, and the Attorney General agrees, that imposition of the parole revocation fine was improper because he was sentenced to an indeterminate…”
People v. Preston, 239 Cal. App. 4th 415 (Cal. Ct. App. 2015).
· cites it 2× “Penal Code section 1202.45 applies and the restitution fine may properly be imposed.”
People v. Martinez, 226 Cal. App. 4th 1169 (Cal. Ct. App. 2014).
“(Pen. Code, § 1202.45 [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 fund fine pursuant to subd.”
Morales-Garcia v. Holder, 567 F.3d 1058 (9th Cir. 2009).
“The court also imposed a $500 parole restitution fine under Cal.Penal Code § 1202.45, a domestic violence fee of $200, and a $100 payment to the Women's Shelter.”
People v. Ghebretensae, 222 Cal. App. 4th 741 (Cal. Ct. App. 2013).
“(Pen. Code, § 1202.45, subd. (b).) In addition, the Legislature amended Penal Code section 1203.”
People v. Jenkins, 2006 Cal. Daily Op. Serv. 5395 (Cal. Ct. App. 2006).
“The reporter’s transcript of the sentencing hearing does not indicate that the court imposed a parole revocation fine, though it did impose a restitution fine under Penal Code section 1202.4, subdivision (b).”
People v. Augborne, 128 Cal. Rptr. 2d 258 (Cal. Ct. App. 2003).
“The judgment is modified to impose and stay a $1,000 Penal Code section 1202.45 restitution fine.”
People v. Gonzales, 88 Cal. Rptr. 2d 111 (Cal. Ct. App. 1999).
“45 Penal Code section 1202.45 provides: “In every case where a person is convicted of a crime and whose sentence includes a period of parole,, the *392 court shall at the time of imposing the restitution fine pursuant to subdivision (b) of Section 1202.”
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