In People v. Brooks (2009) 175 Cal.App.4th Supp. 1, the court reasoned the Government Code section 70373, subdivision (a)(1), assessment is more like the fee approved in Alford than the penalty and surcharge invalidated in High, because among other things Government Code section 70373, subdivision (a)(1)'s purpose is to maintain adequate funding for court facilities and not to punish, it is termed an "assessment" and not a fine or a penalty, and the assessment amount is not dependent on the seriousness of the offense. (Brooks, supra, 175 Cal.App.4th Supp. at p. 3.) The court held Government Code section 70373, subdivision (a)(1), is not punitive and was not a prohibited ex post facto law. (Brooks, supra, 175 Cal.App.4th Supp. at p. 3.)