(a)

(1) Subject to

Chapter 12 (commencing with

Section 76000) of Title of the Government Code, and except as otherwise provided in this section, there shall be levied a state penalty in the amount of ten dollars ($10) for every ten dollars ($10), or part of ten dollars ($10), upon every fine, penalty, or forfeiture imposed and collected by the courts for all criminal offenses, including all offenses, except parking offenses as defined in subdivision (

i) of

Section 1463, involving a violation of a

section of the Vehicle Code or any local ordinance adopted pursuant to the Vehicle Code.

(2) Any bail

schedule adopted pursuant to

Section 1269b or bail

schedule adopted by the Judicial Council pursuant to

Section of the Vehicle Code may include the necessary amount to pay the penalties established by this

section and

Chapter 12 (commencing with

Section 76000) of Title of the Government Code, and the surcharge authorized by

Section 1465.7, for all matters where a personal appearance is not mandatory and the bail is posted primarily to guarantee payment of the fine.

(3) The penalty imposed by this

section does not apply to the following: (

A) Any restitution fine. (

B) Any penalty authorized by

Chapter 12 (commencing with

Section 76000) of Title of the Government Code. (

C) Any parking offense subject to

Article 3 (commencing with

Section 40200) of

Chapter of Division of the Vehicle Code. (

D) The state surcharge authorized by

Section 1465.7. (

b) Where multiple offenses are involved, the state penalty shall be based upon the total fine or bail for each case. When a fine is suspended, in whole or in part, the state penalty shall be reduced in proportion to the suspension. (

c) When any deposited bail is made for an offense to which this

section applies, and for which a court appearance is not mandatory, the person making the deposit shall also deposit a sufficient amount to include the state penalty prescribed by this

section for forfeited bail. If bail is returned, the state penalty paid thereon pursuant to this

section shall also be returned. (

d) In any case where a person convicted of any offense, to which this

section applies, is in prison until the fine is satisfied, the judge may waive all or any part of the state penalty, the payment of which would work a hardship on the person convicted or his or her immediate family. (

e) After a determination by the court of the amount due, the clerk of the court shall collect the penalty and transmit it to the county treasury. The portion thereof attributable to

Chapter 12 (commencing with

Section 76000) of Title of the Government Code shall be deposited in the appropriate county fund and percent of the balance shall then be transmitted to the State Treasury, to be deposited in the State Penalty Fund, which is hereby created, and percent to remain on deposit in the county general fund. The transmission to the State Treasury shall be carried out in the same manner as fines collected for the state by a county. (

f) Notwithstanding any other law, the Director of Finance shall provide a

schedule to the Controller for all transfers of funds made available by the Budget Act from the State Penalty Fund in the current fiscal year. (

g) Upon the order of the Department of Finance, sufficient funds may be transferred by the Controller from the General Fund for cashflow needs of the State Penalty Fund. A cashflow loan made pursuant to this provision shall be short term and does not constitute a General Fund expenditure. A cashflow loan and the repayment of a cashflow loan does not affect the General Fund reserve.