One Hundred Tenth Congress of the United States of America
2d Session
Begun and held at the City of Washington on Thursday, the third day of January, two thousand and eight
S. 3569
AN ACT
To make improvements in the operation and administration of the Federal courts, and for other purposes.
Short title; table of contents
Short title
This Act may be cited as the
Judicial Administration and Technical
Amendments Act of 2008
.
Table of contents
The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Change in composition of divisions of western district of Tennessee.
Sec. 3. Supplemental attendance fee for petit jurors serving on lengthy trials.
Sec. 4. Authority of district courts as to a jury summons.
Sec. 5. Public drawing specifications for jury wheels.
Sec. 6. Assessment of court technology costs.
Sec. 7. Repeal of obsolete provision in the bankruptcy code relating to certain dollar amounts.
Sec. 8. Investment of court registry funds.
Sec. 9. Magistrate judge participation at circuit conferences.
Sec. 10. Selection of chief pretrial services officers.
Sec. 11. Attorney case compensation maximum amounts.
Sec. 12. Expanded delegation authority for reviewing Criminal Justice Act vouchers in excess of case compensation maximums.
Sec. 13. Repeal of obsolete cross-references to the Narcotic Addict Rehabilitation Act.
Sec. 14. Conditions of probation and supervised release.
Sec. 15. Contracting for services for pretrial defendants and post-conviction supervision offenders.
Sec. 16. Judge members of U.S. Sentencing Commission.
Sec. 17. Penalty for failure to appear for jury summons.
Sec. 18. Place of holding court for the District of Minnesota.
Sec. 19. Penalty for employers who retaliate against employees serving on jury duty.
Change in composition of divisions of western district of Tennessee
In general
Section 123(c) of title 28, United States Code, is amended—
in paragraph (1)—
by inserting Dyer,
after
Decatur,
; and
in the last sentence by inserting
and Dyersburg
after Jackson
; and
in paragraph (2)—
by striking Dyer,
;
and
in the second sentence, by striking
and Dyersburg
.
Effective date
In general
The amendments made by this section shall take effect on the date of enactment of this Act.
Pending cases not affected
The amendments made by this section shall not affect any action commenced before the effective date of this section and pending in the United States District Court for the Western District of Tennessee on such date.
Juries not affected
The amendments made by this section shall not affect the composition, or preclude the service, of any grand or petit jury summoned, impaneled, or actually serving in the United States District Court for the Western District of Tennessee on the effective date of this section.
Supplemental attendance fee for petit jurors serving on lengthy trials
In general
Section 1871(b)(2) of title 28, United
States Code, is amended by striking thirty
in each place it
occurs and inserting ten
.
Effective date
The amendments made by this section shall take effect on October 1, 2009.
Authority of district courts as to a jury summons
Section 1866(g) of title 28, United States Code, is amended in the first sentence—
by striking shall
and
inserting may
; and
by striking his
.
Public drawing specifications for jury wheels
Drawing of names from jury wheel
Section 1864(a) of title 28, United States Code, is amended—
in the first sentence, by striking
publicly
; and
by inserting The clerk or jury
commission shall post a general notice for public review in the clerk's office
and on the court's website explaining the process by which names are
periodically and randomly drawn.
after the first sentence.
Selection and summoning of jury panels
Section 1866(a) of title 28, United States Code, is amended—
in the second sentence, by striking
publicly
; and
by inserting The clerk or jury
commission shall post a general notice for public review in the clerk's office
and on the court's website explaining the process by which names are
periodically and randomly drawn.
after the second sentence.
Technical and conforming amendment
Section 1869 of title 28, United States Code, is amended—
in subsection (j), by adding
and
at the end;
by striking subsection (k); and
by redesignating subsection (l) as subsection (k).
Assessment of court technology costs
Section 1920 of title 28, United States Code, is amended—
in paragraph (2), by striking of the
court reporter for all or any part of the stenographic transcript
and
inserting for printed or electronically recorded transcripts
;
and
in paragraph (4), by striking copies
of papers
and inserting the costs of making copies of any
materials where the copies are
.
Repeal of obsolete provision in the bankruptcy code relating to certain dollar amounts
Section 104 of title 11, United States Code, is amended—
by striking subsection (a);
by redesignating subsection (b)(1) as subsection (a) and subparagraphs (A) and (B) of that subsection as paragraphs (1) and (2), respectively;
by redesignating subsection (b)(2) as subsection (b);
by redesignating subsection (b)(3) as subsection (c); and
in subsection (c) (as redesignated by
paragraph (4) of this section), by striking paragraph (1)
and
inserting subsection (a)
.
Investment of court registry funds
In General
Chapter 129 of title 28, United States Code, is amended by inserting after section 2044 the following:
Investment of court registry funds
The Director of the Administrative Office of the United States Courts, or the Director's designee under subsection (b), may request the Secretary of the Treasury to invest funds received under section 2041 in public debt securities with maturities suitable to the needs of the funds, as determined by the Director or the Director's designee, and bearing interest at a rate determined by the Secretary of the Treasury, taking into consideration current market yields on outstanding marketable obligations of the United States of comparable maturity.
The Director may designate the clerk of a court described in section 610 to exercise the authority conferred by subsection (a).
.
Technical and conforming amendment
The table of sections for chapter 129 of title 28, United States Code, is amended by adding at the end the following:
2045. Investment of court registry funds.
.
Magistrate judge participation at circuit conferences
Section 333 of
title 28, United States Code, is amended in the first sentence by inserting
magistrate,
after district,
.
Selection of chief pretrial services officers
Section 3152 of title 18, United States Code, is amended by striking subsection (c) and inserting the following:
The pretrial services established under subsection (b) of this section shall be supervised by a chief pretrial services officer appointed by the district court. The chief pretrial services officer appointed under this subsection shall be an individual other than one serving under authority of section 3602 of this title.
.
Attorney case compensation maximum amounts
Section 3006A(d)(2) of
title 18, United States Code, is amended by adding The compensation
maximum amounts provided in this paragraph shall increase simultaneously by the
same percentage, rounded to the nearest multiple of $100, as the aggregate
percentage increases in the maximum hourly compensation rate paid pursuant to
paragraph (1) for time expended since the case maximum amounts were last
adjusted.
at the end.
Expanded delegation authority for reviewing Criminal Justice Act vouchers in excess of case compensation maximums
Waiving maximum amounts
Section 3006A(d)(3) of title 18, United
States Code, is amended in the second sentence by inserting or
senior
after active
.
Services other than counsel
Section 3006A(e)(3) of title 18, United
States Code, is amended in the second sentence by inserting or
senior
after active
.
Counsel for financially unable defendants
Section 3599(g)(2)
of title 18, United States Code, is amended in the second sentence by inserting
or senior
after active
.
Repeal of obsolete cross-references to the Narcotic Addict Rehabilitation Act
Section 3161(h) of title 18, United States Code, is amended—
in paragraph (1)—
by striking subparagraphs (B) and (C); and
by redesignating subparagraphs (D) through (J) as subparagraphs (B) through (H), respectively;
by striking paragraph (5); and
by redesignating paragraphs (6) through (9) as paragraphs (5) through (8), respectively.
Conditions of probation and supervised release
Conditions of probation
Section 3563(a)(2) of title 18, United
States Code, is amended by striking (b)(2), (b)(3), or (b)(13),
and inserting (b)(2) or (b)(12), unless the court has imposed a fine
under this chapter, or
.
Supervised release after imprisonment
Section 3583(d)
of title 18, United States Code, is amended by striking section
3563(b)(1)
and all that follows through appropriate.
and
inserting section 3563(b) and any other condition it considers to be
appropriate, provided, however that a condition set forth in subsection
3563(b)(10) shall be imposed only for a violation of a condition of supervised
release in accordance with section 3583(e)(2) and only when facilities are
available.
.
Technical and conforming amendment
Section 3563(b)(10)
of title 18, United States Code, is amended by inserting or supervised
release
after probation
.
Contracting for services for pretrial defendants and post-conviction supervision offenders
Pretrial service functions
Section 3154(4) of title 18, United States
Code, is amended by inserting , and contract with any appropriate public
or private agency or person, or expend funds, to monitor and provide treatment
as well as nontreatment services to any such persons released in the community,
including equipment and emergency housing, corrective and preventative guidance
and training, and other services reasonably deemed necessary to protect the
public and ensure that such persons appear in court as required
before
the period.
Duties of Director of Administrative Office of the United States Courts
Section 3672 of title 18, United States Code, is amended in the seventh undesignated paragraph—
in the third sentence, by striking
negotiate and award such contracts
and inserting
negotiate and award contracts identified in this paragraph
;
and
in the fourth sentence, by inserting
to expend funds or
after He shall also have the
authority
.
Judge members of U.S. Sentencing Commission
Section 991(a) of
title 28, United States Code, is amended in the third sentence by striking
Not more than
and inserting At least
.
Penalty for failure to appear for jury summons
Section 1864 summons
Section 1864(b) of title 28, United States
Code, is amended by striking $100 or imprisoned not more than three
days, or both.
each place it appears and inserting $1,000,
imprisoned not more than three days, ordered to perform community service, or
any combination thereof.
.
Section 1866 summons
Section 1866(g) of title 28, United States
Code, is amended by striking $100 or imprisoned not more than three
days, or both.
and inserting $1,000, imprisoned not more than
three days, ordered to perform community service, or any combination
thereof.
.
Place of holding court for the District of Minnesota
Section 103(6) of
title 28, United States Code, is amended in the second sentence by inserting
and Bemidji
before the period.
Penalty for employers who retaliate against employees serving on jury duty
Section 1875(b)(3) of title 28, United
States Code, is amended by striking $1,000 for each violation as to each
employee.
and inserting $5,000 for each violation as to each
employee, and may be ordered to perform community service.
.
Speaker of the House of Representatives
Vice President of the United States and President of the Senate