Error and/or relief
On resentencing the defendant under section 1172.75, the trial court should have vacated the restitution fine that was imposed more than 10 years earlier. We remand the case for the court to determine the defendant’s ability to pay the parole revocation restitution fine, which is not vacated by section 1465.9(d).
First Holding:
Effective January 1, 2025, AB 1186 added subdivision (d) to section 1465.9, which provides that, upon 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. It does not, however, apply to the parole revocation restitution fine.
Authority:
PEN 1465.9(d)
Second Holding:
In Kopp, our Supreme Court clarified that, although fines may properly be imposed as punishment for crime, the excessive fines analysis under the state and federal Constitutions is the proper vehicle to challenge punitive fines, such as parole revocation fines. In addition, a trial court must conduct an ability to pay hearing before imposing a restitution fine (or corresponding parole revocation fine) that exceeds the statutory minimum of $300.
Authority:
People v. Kopp (2025) 19 Cal.5th 1 23, 17, 30