What is the test for the right to stand trial by jury?

Our Legislature has determined that before the state may confine a defendant involuntarily, it must give him or her an adequate measure of procedural justice. The right to trial by jury reflects ... a profound judgment about the way in which law should be enforced and justice administered (Sullivan v. Louisiana (1993) 508 U.S. 275, 281, 113 S.Ct. 2078, 124 L.Ed.2d 182 ), and that right must be observed even though there

[61 Cal.4th 1143]