In People v. High (2004) 119 Cal.App.4th 1192, the court held that a penalty imposed pursuant to Government Code section 70372, was punitive for ex post facto purposes, even though the proceeds of this statute are to be used for state court construction costs. (High, at p. 1197.) However, the court concluded that both its designation as a penalty and the manner of its imposition indicated that the Legislature intended that the purpose of the penalty was to punish criminal defendants. (High, at pp. 1198-1199.)