Error and/or relief
After ten years, the unpaid balance of any restitution fines are no longer collectible and the restitution order must be vacated.
First Holding:
Section 1202.4(b) mandates that in every case where a person is convicted of a crime, the court shall impose a separate and additional restitution fine, unless it finds compelling and extraordinary reasons for not doing so and states those reasons on the record. Section 1465.9 was amended effective January 1, 2025, to add subdivision (d) which requires that, on the expiration of 10 years after the date of imposition of a restitution fine pursuant to section 1202.4, the balance, including any collection fees, shall be unenforceable and uncollectible and any portion of a judgment imposing those fines shall be vacated.
Authority:
PEN 1202.4(b)
PEN 1465.9
Second Holding:
The trial court’s reimposition of the fine at resentencing in 2025 did not restart the 10-year clock.
Authority:
People v. Salstrom (2025) 117 Cal.App.5th 596, 600–601, review granted Mar. 11, 2026, S295038 on a different issue