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AB-1452 Pilot program: increased fee for low-income jurors: criminal trials.(2021-2022)



Current Version: 06/17/21 - Amended Senate         Compare Versions information image


AB1452:v97#DOCUMENT

Amended  IN  Senate  June 17, 2021
Amended  IN  Assembly  March 18, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 1452


Introduced by Assembly Member Ting
(Coauthor: Senator Wiener)

February 19, 2021


An act to amend Section 5009 of the Penal Code, relating to prisons. An act to add and repeal Section 240 of the Code of Civil Procedure, relating to juries.


LEGISLATIVE COUNSEL'S DIGEST


AB 1452, as amended, Ting. State prison. Pilot program: increased fee for low-income jurors: criminal trials.
The Trial Jury Selection and Management Act requires all persons be selected for jury service at random, from a source or sources inclusive of a representative cross section of the population of the area served by the court. The act further requires a juror in a civil or criminal superior court case to be paid a fee of $15 a day for each day’s attendance as a juror after the first day, except as specified, plus reimbursement for mileage.
This bill would, notwithstanding these payment provisions, authorize the Superior Court of San Francisco to conduct a pilot program to analyze and determine whether paying certain low-income trial jurors $100 per day for each day they are required to report for service as a trial juror in a criminal case promotes a more economically and racially diverse trial jury panel that more accurately reflects the demographics of the community. The bill would require the pilot program court to only fund the $100 fee using funding provided by The Financial Justice Project of the City and County of San Francisco. The bill would require the pilot program court to collect data self-reported by jurors who receive the increased fee and to select a third-party entity to prepare an analysis and report of that data and conclusion about the pilot program without any cost to the pilot program court. The bill would require the pilot program court to terminate the pilot program on or before December 31, 2023, or at any time it determines the increased financial reimbursement is causing prejudice to the rights of litigants or the interests of justice. The bill would repeal these provisions on January 1, 2025.

Existing law establishes the Department of Corrections and Rehabilitation to operate the state prison system. Existing law provides for the protection of religious freedoms for state prison inmates, as specified. Existing law requires, except in extraordinary circumstances, upon the transfer of an inmate to another state prison institution, a member of the clergy or spiritual adviser to be granted visitation privileges at the institution to which the inmate is transferred within 72 hours of the transfer if the member of the clergy or spiritual adviser has been previously authorized by the department to visit that inmate.

This bill would instead require a member of the clergy or spiritual adviser to be granted those visitation privileges within 48 hours of the inmate’s transfer.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 240 is added to the Code of Civil Procedure, to read:

240.
 (a) Notwithstanding any other law, including Section 215, the Superior Court of San Francisco is authorized to conduct a pilot program pursuant to the requirements of this section to analyze and determine whether paying certain low-income trial jurors an increased fee for service as a trial juror in a criminal case promotes a more economically and racially diverse trial jury panel that more accurately reflects the demographics of the community.
(b) The fee for service as a trial juror in a criminal case paid pursuant to the pilot program shall be as follows:
(1) Except as provided in paragraph (2), a trial juror in a criminal case shall be paid the fee required by Section 215.
(2) A trial juror in a criminal case shall be paid a fee of one hundred dollars ($100) per day for each day they are required to report for service as a trial juror if the trial juror’s household income for the past 12 months is less than 80 percent of the San Francisco Bay area median income and the trial juror meets one of the additional following criteria:
(A) The trial juror’s employer does not compensate for any trial jury service.
(B) The trial juror’s employer does not compensate for trial jury service for the estimated duration of the criminal jury trial.
(C) The trial juror is self-employed.
(D) The trial juror is unemployed.
(c) The pilot program court shall determine whether a trial juror is eligible for the one-hundred-dollar ($100) fee for service in a criminal jury trial pursuant to paragraph (2) of subdivision (b).
(d) The pilot program court shall only fund the one-hundred-dollar ($100) fee to eligible trial jurors using funding provided by The Financial Justice Project of the City and County of San Francisco.
(e) The pilot program court shall provide information about the pilot program with every mailed jury summons and all information that is provided regarding excuse from jury service based on a hardship. The pilot program court and court staff shall also provide information about the pilot program whenever applicable under the circumstances.
(f) The pilot program court shall implement a juror self-reporting data collection effort to collect data during the pilot program that allows a thorough analysis of whether paying certain low-income trial jurors an increased fee for service as a trial juror in a criminal case promotes a more economically and racially diverse trial jury panel that more accurately reflects the demographics of the community. The data collected shall include, to the maximum extent possible, the race, ethnicity, and income level of all trial jurors that receive the one-hundred-dollar ($100) fee for service as a trial juror.
(g) The pilot program court shall select a third-party entity to prepare an analysis and report of the data collected pursuant to subdivision (f) without any cost to the pilot program court. The third-party entity shall prepare a report of its analysis of the data and conclusion whether paying certain low-income trial jurors an increased fee for service as a trial juror in a criminal case promotes a more economically and racially diverse trial jury panel that more accurately reflects the demographics of the community. The third-party entity shall transmit its report to the pilot program court and the Legislature, in compliance with Section 9795 of the Government Code, within six months of the conclusion of the pilot program.
(h) The pilot program court shall terminate the pilot program on or before December 31, 2023. The pilot program court shall terminate the pilot program if at any time it determines the increased financial reimbursement is causing prejudice to the rights of litigants or the interests of justice.
(i) For the purposes of this section only, “pilot program court” means the Superior Court of San Francisco.
(j) This section shall remain in effect only until January 1, 2025, and as of that date is repealed.

SECTION 1.Section 5009 of the Penal Code is amended to read:
5009.

(a)It is the intent of the Legislature that all prisoners be afforded reasonable opportunities to exercise religious freedom.

(b)(1)Except in extraordinary circumstances, upon the transfer of an inmate to another state prison institution, any member of the clergy or spiritual adviser shall be granted visitation privileges at the institution to which the inmate is transferred within 48 hours of the transfer if the member of the clergy or spiritual adviser has been previously authorized by the Department of Corrections and Rehabilitation to visit that inmate.

(2)Visitations by members of the clergy or spiritual advisers shall be subject to the same rules, regulations, and policies relating to general visitations applicable at the institution to which the inmate is transferred.

(3)A departmental or volunteer chaplain who has ministered to or advised an inmate incarcerated in state prison may, voluntarily and without compensation, continue to minister to or advise the inmate while the inmate is on parole, if the departmental or volunteer chaplain provides notification to the warden and the parolee’s parole agent in writing.

(c)This section does not limit the department’s ability to prohibit a departmental chaplain from ministering to a parolee, or to exclude a volunteer chaplain from department facilities, if either is found to be in violation of any law or regulation and that violation would ordinarily be grounds for adverse action or denial of access to a facility or person under the department’s custody.