Researcher: DC Page 1 4/22/21 OLR Bill Analysis sHB 6548 AN ACT CONCERNING THE RECOMMENDATIONS OF THE JURY SELECTION TASK FORCE. SUMMARY This bill adjusts the method for summoning jurors from each town to reflect how many complied with the summons in the past year. Beginning October 1, 2022, the jury administrator must compile the number of jurors summoned from each town who complied with the summons. Beginning July 1, 2023, the bill requires the number of jurors chosen from each town to reflect the proportional representation of each town’s population within the judicial district based on the data collected and a specified formula. The bill also establishes temporary procedures before the data is collected. From July 1, 2022, until June 30, 2023, whenever there is an undeliverable jury summons, the jury administrator must send a replacement summons to the same zip code as the undeliverable summons. The bill also: 1. expands eligibility for jury service (e.g., to certain permanent residents, those convicted of a felony within seven years, and defendants in a pending felony case); 2. requires additional questions on the juror questionnaire and the Judicial Branch to compile demographic information on those who participate in the jury process; and 3. provides juror compensation for part-time employed or unemployed jurors and increases reimbursement rates and rates paid to certain jurors serving more than five days. 2021HB-06548-R000577-BA.DOCX Researcher: DC Page 2 4/22/21 EFFECTIVE DATE: October 1, 2021, for the eligibility expansion and compensation and reimbursement provisions; July 1, 2022, for the zip code replacement summons provision; October 1, 2022, for the juror data compilation and questionnaire provisions; and July 1, 2023, for the proportional representation provision. § 1 — EXPANDED JURY POOL The bill expands eligibility for jury service to include permanent residents, as allowed under federal law (8 U.S.C. § 1101(a)(20)). It also expands eligibility by eliminating certain restrictions. Current law prohibits the following individuals from serving: (1) defendants in a felony case or (2) those convicted of a felony within seven years or who are in the Department of Correction (DOC) custody. The bill instead only prohibits those in DOC’s physical custody within a correction facility or other similar facility. Additionally, the bill increases the minimum age, from 70 to 75, when someone may claim an exemption from being summoned, and makes a conforming change to the lists the jury administrator must keep. §§ 2-4 — JUROR SUMMONS The bill adjusts the method for summoning jurors from each town to reflect each town’s juror summons compliance rate in the past year. Beginning October 1, 2022, the bill requires the jury administrator to annually compile the number of jurors summoned from each town who complied with the summons and appeared for jury service. Beginning July 1, 2023, the bill requires the number of jurors chosen from each town to reflect the proportional representation of each town’s population within the judicial district modified by the percentage of jurors who complied with summons in the prior year. This is calculated by dividing each town’s proportional share of the judicial district’s population by the town’s “yield ratio.” Under the bill, the “yield ratio” is the (1) number of jurors from the town who were summoned the previous year and complied and appeared for jury 2021HB-06548-R000577-BA.DOCX Researcher: DC Page 3 4/22/21 service, divided by (2) product of the town’s proportional share of the judicial district’s population and the total number of jurors summoned in the judicial district in the previous calendar year. As under existing law, the administrator must use population figures from the most recent decennial census. The bill also establishes temporary procedures before the data is collected. From July 1, 2022, until June 30, 2023, for each undeliverable jury summons, the jury administrator must send an additional randomly generated jury summons to a juror with the same zip code as the undeliverable summons. § 5 — JURY QUESTIONNAIRE Under current law, the jury administrator must send a prospective juror a confidential questionnaire with certain questions regarding his or her personal information (e.g., age, race, occupation). The bill requires the questionnaire to also include questions asking the juror’s gender and other demographic information the judicial branch deems appropriate. It requires the administrator to provide, rather than send, the questionnaire. The bill requires the judicial branch to compile a record of the demographic characteristics of all individuals who (1) are summoned for jury service; (2) participated in a panel; (3) are subject to a preemptory challenge (i.e., objection to a proposed juror without needing a reason); (4) are subject to challenge for cause (i.e., objection to a proposed juror for a stated reason, such as bias); and (5) serve on a jury. The record must exclude personally identifiable information (i.e., identifying information linked or linkable to a specific person) and be maintained in a way that provides free and open access to the information on the Internet. § 6 — JUROR COMPENSATION Part-time Employed Juror Pay The bill provides a flat fee payment equal to the minimum wage based on an eight-hour day (currently $96, see CGS § 31-58) to part- 2021HB-06548-R000577-BA.DOCX Researcher: DC Page 4 4/22/21 time employed or unemployed jurors who have no source of compensation for the first five days of jury service. By law, a “part- time employed juror” means an employee with a position that normally requires less than 30 hours of service each week or an employee working on a temporary or casual basis. Part-time Employed Juror Reimbursements Under current law, the state reimburses part-time or unemployed jurors for necessary out-of-pocket expenses incurred during the first five days of jury service. The bill expands (1) these reimbursements to include jury service after the first five days and (2) what is considered “necessary out-of-pocket expenses,” to include family care at a jury administrator-set rate. The bill also increases the mileage reimbursement from $0.20 per mile traveled to the privately-owned vehicle mileage reimbursement rate established by the federal General Services Administration (currently $0.56 per mile). As under existing law, travel is calculated as the mileage from the juror’s residence to court and the return, based on the shortest direct route either by highway or other regular line between the points. The bill also increases the maximum reimbursement amount from $50 a day to the minimum wage amount based on an eight-hour day. As under existing law, the minimum reimbursement amount is $20. Juror Pay After Five Days By law, employers must pay their full-time employees their regular wages for the first five days of jury service. Additionally, current law requires the state to pay each juror who serves more than five days $50 per day for each subsequent day. The bill (1) limits these payments to jurors who are not paid by their employers after the fifth day and (2) increases the amount to a flat fee at the minimum wage based on an eight-hour day. Under current law, these jurors are not entitled to any additional reimbursements, but the bill allows an unemployed or part- time employed juror to be reimbursed for family care and travel expenses (see above). 2021HB-06548-R000577-BA.DOCX Researcher: DC Page 5 4/22/21 COMMITTEE ACTION Judiciary Committee Joint Favorable Substitute Yea 25 Nay 13 (04/06/2021)