California Penal Code Section 1202.45 - Interpretation

In People v. Callejas (2000) 85 Cal. App. 4th 667, a defendant on probation for an underlying offense violated the terms of his probation, and the trial court revoked probation, sentenced defendant to two years in state prison, and imposed a parole revocation fine under Penal Code section 1202.45, which was enacted two years after defendant committed the underlying offense. The Court of Appeal struck the parole revocation fine, holding that ex post facto principles prohibited the trial court from imposing the parole revocation fine because the defendant committed the underlying offense before the fine statute was enacted. Section 1202.45 increased the penalty for which defendant was eligible beyond that which existed at the time he committed his offense; at the time of that underlying offense, the parole revocation fine did not exist. The Callejas ex post facto analysis, which concluded the new penalty was being applied based on the original offense rather than the subsequent parole violation, cited Johnson for the proposition that a postrevocation penalty relates to the original conviction rather than the new conduct violating the terms of release. (Callejas, 85 Cal. App. 4th at pp. 675-678.)