2023-11-10T15:58:52-06:00 2022-12-31 420714325 RSM US LLP 1250 H STREET SUITE 700 WASHINGTON DC 20005 990 2022-01-01 824145852 DUE PROCESS INSTITUTE DUEP 2025586680 700 PENNSYLVANIA AVE SE 560 WASHINGTON DC 200032551 SHANA-TARA O'TOOLE PRESIDENT/CEO 2025586680 2023-11-10 1 SHANA-TARA OTOOLE 999009999 0 ELIZABETH W HELLER P00397829 2022932200 2023-11-10 2 AAL1 IAL1 2022 2023-04-26 12:10:37Z SHANA-TARA O'TOOLE 700 PENNSYLVANIA AVE SE 560 WASHINGTON DC 200032551 369325 0 X WWW.IDUEPROCESS.ORG X 2018 DC THE MISSION OF DUE PROCESS INSTITUTE IS TO HONOR, PRESERVE, AND RESTORE DUE PROCESS RIGHTS IN OUR CRIMINAL LEGAL SYSTEMS GUARANTEED IN THE UNITED STATES CONSTITUTION BY ADVOCATING THE PRIMACY OF THESE RIGHTS AND VALUES IN A FREE SOCIETY. 11 10 4 25 0 0 571950 363825 0 5500 0 0 0 0 571950 369325 0 0 0 0 405665 393803 0 0 9619 255751 277461 661416 671264 -89466 -301939 740897 959549 34018 554609 706879 404940 X THE MISSION OF DUE PROCESS INSTITUTE IS TO HONOR, PRESERVE, AND RESTORE DUE PROCESS RIGHTS IN OUR CRIMINAL LEGAL SYSTEMS GUARANTEED IN THE UNITED STATES CONSTITUTION BY ADVOCATING THE PRIMACY OF THESE RIGHTS AND VALUES IN A FREE SOCIETY. 0 0 460578 0 0 POLICY WORK - FEDERAL AND STATE: DUE PROCESS INSTITUTE'S POLICY STAFF WORKS ALONE AND IN HARMONY WITH MANY DIVERSE COALITIONS ON BIPARTISAN CRIMINAL LEGAL ISSUES TO ADDRESS KEY ISSUES OF IMPORTANCE TO THE INSTITUTE'S MISSION, INCLUDING SUPPORTING: CRIMINAL SENTENCING REFORM; CRIMINAL DISCOVERY REFORM; CRIMINAL GRAND JURY REFORM; PRISON REFORM; CRIMINAL AND CIVIL ASSET FORFEITURE REFORM; THE CONSTITUTIONAL RIGHT TO ADEQUATE AND INFORMED COUNSEL; THE RIGHT TO A FAIR TRIAL; PROSECUTORIAL AND POLICE ACCOUNTABILITY; INCREASED PRETRIAL PROCEDURAL JUSTICE (INCLUDING BUT NOT LIMITED TO ISSUES SUCH AS PLEA BARGAINING); CONSPIRACY LAW REFORM; PAROLE AND PROBATION REFORM; FORENSIC SCIENCE INTEGRITY; MENS REA REFORM; "SECOND CHANCE AND "CLEAN SLATE" INITIATIVES; AND A WIDE VARIETY OF FOURTH AMENDMENT GUARANTEES. THE POLICY STAFF ALSO WORKS TO ADDRESS THE CAUSES AND HARMS OF OVER-CRIMINALIZATION AND OVER-INCARCERATION, UNWARRANTED EXPANSIONS OF GOVERNMENT SURVEILLANCE, UNNECESSARY, VAGUE, OR OVERREACHING CRIMINAL LAWS, AS WELL AS RACIAL AND ECONOMIC INJUSTICE. DUE PROCESS INSTITUTE PURSUES THESE POLICY OBJECTIVES THROUGH A VARIETY OF MEANS INCLUDING ANALYSIS AND SCHOLARSHIP, ADVOCACY, LOBBYING, PUBLIC EDUCATION EVENTS, AND AMICUS BRIEF FILINGS. DESPITE THE ON-GOING PANDEMIC-RELATED CHALLENGES TO REGULAR BUSINESS PRACTICES, FORMS OF COMMUNICATIONS, AND "DOING BUSINESS" WITH LEGISLATIVE OFFICES, COURTS, AND ALLIES, DUE PROCESS INSTITUTE'S FIFTH YEAR OF OPERATIONS SAW IT ONCE AGAIN SERVE AS A MAJOR CONTRIBUTOR TO CRIMINAL JUSTICE REFORM.1. FEDERAL ADVOCACY IN 2022, FOR THE FIFTH YEAR IN A ROW, DUE PROCESS INSTITUTE ENJOYED SUCCESSES IN INTRODUCING AND THEN ADVANCING IMPORTANT PIECES OF BIPARTISAN CRIMINAL REFORM LEGISLATION, DESPITE THE STIFLING POLITICAL DISCORD AT THE NATIONAL LEVEL, INCLUDING:--MARTHA WRIGHT-REED JUST AND REASONABLE COMMUNICATIONS ACT (S. 1541), PASSED BY HOUSE OF REPRESENTATIVES AND SENATE; PRESENTED TO PRESIDENT FOR SIGNATURE ON DECEMBER 28, 2022--PROHIBITING PUNISHMENT OF ACQUITTED CONDUCT ACT (H.R. 1621), PASSED BY HOUSE OF REPRESENTATIVES--EQUAL ACT (H.R. 1693) PASSED BY HOUSE OF REPRESENTATIVES (AS AMENDMENT TO NDAA FY 2023)--SAFE BANKING ACT (H.R. 1996) PASSED BY HOUSE OF REPRESENTATIVES (AS AMENDMENT TO NDAA FY 2023)--INSPECTOR GENERAL ACCESS ACT (H.R. 3064) PASSED BY HOUSE OF REPRESENTATIVES (AS AMENDMENT TO NDAA FY 2023)--FAIR HIRING IN BANKING ACT (H.R. 5911) PASSED BY HOUSE OF REPRESENTATIVES (AS AMENDMENT TO NDAA FY 2023)--FAIR CHANCE IMPROVEMENT ACT (H.R. 6419) PASSED BY HOUSE OF REPRESENTATIVES (AS AMENDMENT TO NDAA FY 2023)--REPORT ON GOVERNMENT PURCHASES OF LOCATION DATA AND METADATA ACT PASSED BY HOUSE OF REPRESENTATIVES (AS AMENDMENT #946 TO NDAA FY 2023)--KENNETH P. THOMPSON BEGIN AGAIN ACT (H.R. 1924) PASSED BY HOUSE JUDICIARY COMMITTEE --CLEAN SLATE ACT (H.R. 2864) PASSED BY HOUSE JUDICIARY COMMITTEE--FRESH START ACT (H.R. 5651) PASSED BY HOUSE JUDICIARY COMMITTEE--TERRY TECHNICAL CORRECTION ACT (H.R. 5455) PASSED BY HOUSE JUDICIARY COMMITTEE--ED ACCESS ACT OF 2022 (H.R. 9331; S. 5126) INTRODUCED IN BOTH THE HOUSE OF REPRESENTATIVES AND IN THE SENATE--EFFECTIVE ASSISTANCE OF COUNSEL IN THE DIGITAL ERA ACT (S. 3524) INTRODUCED IN THE SENATE--TEST ACT OF 2022 (S. 5167) INTRODUCED IN THE SENATE--SNAP SECOND CHANCE ACT (H.R. 6432) INTRODUCED IN THE HOUSE OF REPRESENTATIVES--SHIELD ACT (H.R. 2671) INTRODUCED IN THE HOUSE OF REPRESENTATIVESTHE ORGANIZATION'S STAFF ALSO SIGNIFICANTLY ENGAGED IN THE FOLLOWING FEDERAL ADVOCACY CAMPAIGNS IN 2022: PREVENTING THE FURTHER EROSION OF THE FOURTH AMENDMENT AND PROTECTING DIGITAL PRIVACY RIGHTS; OPPOSING WARRANTLESS SURVEILLANCES; SUPPORTING FEDERAL CLEMENCY REFORM; SUPPORTING PARDONS FOR ALL PRIOR FEDERAL OFFENSES OF SIMPLE POSSESSION OF MARIJUANA; SUPPORTING NDAA AMENDMENTS TO REFORM NATIONAL GUARD AUTHORITIES; SUPPORTING NATIONAL EMERGENCIES ACT REFORM; ADDRESSING THE FENTANYL CRISIS; SUPPORTING EFFORTS TO PROTECT AMERICANS AGAINST UNFAIR CIVIL ASSET FORFEITURE PRACTICES THAT DEPRIVE CITIZENS OF THEIR PROPERTY WITHOUT PROPER LEGAL PROCESSES; PREVENTING CONGRESS FROM CREATING ADDITIONAL UNNECESSARY CRIMINALIZATION; WORKING TO EFFECTUATE CHANGES TO THE CRIMINAL LEGAL SYSTEM THAT WOULD END THE "TRIAL PENALTY; SUPPORTING FEDERAL CRIMINAL DISCOVERY LAW REFORM; SUPPORTING POLICE DEMILITARIZATION; SUPPORTING CARES ACT HOME CONFINEMENT; SUPPORTING DRUG OVERDOSE PREVENTION EFFORTS; SUPPORTING BOP REFORMS; SUPPORTING THE AMENDMENT OF THE FEDERAL RULES OF EVIDENCE TO ENSURE SCIENTIFIC INTEGRITY IN COURT PROCEEDINGS; CONTINUING TO SUPPORT THE IMPLEMENTATION OF LANDMARK LEGISLATION THE ORGANIZATION HELPED PASS AT THE END OF 2018 (THE FIRST STEP ACT); AND JOINING AS A PARTNER IN SECOND CHANCE MONTH, WHICH RAISES AWARENESS FOR THE MILLIONS OF AMERICANS WITH A CRIMINAL RECORD WHO DESERVE A SECOND CHANCE (INCLUDING SUPPORTING OF FOUR FEDERAL BILLS AIMED AT ADVANCING SECOND CHANCES). DUE PROCESS INSTITUTE ALSO PARTICIPATED IN THE UNITED JUSTICE COALITION SUMMIT IN NEW YORK CITY AS WELL AS THE END JUSTICE FEES COALITION LAUNCH. 2. STATE ADVOCACYWHILE DUE PROCESS INSTITUTE DID NOT HAVE THE RESOURCES IN 2022 TO ENGAGE IN SIGNIFICANT BIPARTISAN STATE EDUCATION OR ADVOCACY EFFORTS, ITS STAFF WORKED ON VARIOUS STATE CAMPAIGNS IN SUPPORT OF SOME OF ITS MAJOR REFORM INITIATIVES. OF NOTE, DUE PROCESS INSTITUTE SUPPORTED COMPASSIONATE RELIEF REFORM IN OREGON AND WE JOINED AS A PARTICIPATING MEMBER OF THE NATIONAL CAMPAIGN TO ELIMINATE JUSTICE SYSTEM FEES COALITION. 3. PUBLICATIONS & SPEAKING ENGAGEMENTSIN ITS FIFTH YEAR, DUE PROCESS INSTITUTE E-PUBLISHED POSITION PIECES ON A VARIETY OF ISSUES AND MEMBERS OF THE ORGANIZATION'S STAFF WERE QUOTED IN MAJOR MEDIA OUTLETS AND WERE ALSO INVITED TO SPEAK AT VARIOUS EVENTS REGARDING NUMEROUS CRIMINAL LAW AND POLICY ISSUES.4. IN THE COURTSIN ITS FIFTH YEAR, DUE PROCESS INSTITUTE FILED AMICUS BRIEFS IN CASES INVOLVING: THE USE OF SECRET INFORMATION IN PAROLE HEARINGS; VOTER DISENFRANCHISEMENT FOR THOSE WITH PAST CRIMINAL LEGAL SYSTEM INVOLVEMENT; ACQUITTED CONDUCT SENTENCING; THE STATE SECRETS PRIVILEGE AS IT PERTAINS TO WARRANTLESS SURVEILLANCE DISPUTES; AGENCY-IMPOSED SETTLEMENTS; THE PER SE RULE IN ANTITRUST CASES; SENTENCING ENHANCEMENTS; AND DEFENSE COUNSEL CONFLICTS OF INTEREST. 38420 0 5500 CLE PROGRAMS: IN ADDITION TO ITS POLICY WORK, DUE PROCESS INSTITUTE DEVELOPS AND EXECUTES CONTINUING LEGAL EDUCATION (CLE) EVENTS FOR ATTORNEYS. IN 2022, DUE PROCESS INSTITUTE CO-HOSTED "TWO VIEWS: AN EXPLORATION OF SCOTUS'S CRIMINAL LAW DOCKET," A WIDELY ATTENDED LIVE CLE EVENT FEATURING TWO CONSTITUTIONAL LEGAL EXPERTS DISCUSSING THE MOST IMPORTANT CRIMINAL LAW CASES IN FRONT OF THE COURT. 498998 0 1 0 0 0 0 0 0 0 1 0 0 1 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 1 3 0 1 4 1 0 0 0 0 1 1 0 0 0 X 11 10 1 0 0 0 0 0 0 1 1 0 0 1 1 1 1 1 1 0 0 0 DC X THE ORGANIZATION 2025586680 700 PENNSYLVANIA AVE SE 560 WASHINGTON DC 200032551 MICHAEL CHASE DIRECTOR AND TREASURER 1.00 1.00 X X 0 0 0 ROSS GARBER DIRECTOR AND CHAIR 1.00 1.00 X X 0 0 0 BARRY BOSS DIRECTOR AND SECRETARY 1.00 0.00 X X 0 0 0 JEFFREY L FISHER DIRECTOR 1.00 0.00 X 0 0 0 JENNY KIM DIRECTOR 1.00 0.00 X 0 0 0 JOHN CLINE DIRECTOR 1.00 0.00 X 0 0 0 TODD FARHA DIRECTOR 1.00 0.00 X 0 0 0 MICHELE MORRIS DIRECTOR 1.00 0.00 X 0 0 0 TIMOTHY O'TOOLE DIRECTOR 1.00 1.00 X 0 0 0 SHANA-TARA O'TOOLE PRESIDENT/CEO 64.00 11.00 X X 175000 0 5250 BRANDI HARDEN DIRECTOR 1.00 0.00 X 0 0 0 JONATHAN BUNCH DIRECTOR (TO 12/1/2022) 1.00 0.00 X 0 0 0 JASON PYE DIRECTOR, RULE OF LAW INITIATIVES 77.90 0.10 X 149242 0 13885 324242 0 19135 2 0 1 0 0 50000 313825 363825 EVENT PROGRAM REVENUE 900099 5500 5500 5500 369325 5500 0 0 180250 141673 35655 2922 171104 134499 33832 2773 4998 3915 1001 82 11277 1128 10128 21 26174 21029 4728 417 1213 1213 23789 23789 2074 1951 123 43323 34297 8549 477 162148 126103 33446 2599 1328 1328 17262 17173 89 10036 7959 1913 164 10605 7943 2498 164 OTHER EXPENSES 5683 5683 671264 498998 162647 9619 X 413207 139080 13451 1898 72261 50327 31970 21934 282269 796637 740897 959549 2100 22268 31918 532341 34018 554609 X 706879 404940 0 0 706879 404940 740897 959549 -301939 0 X 0 0 0 RESTRICTED RESTRICTED RESTRICTED RESTRICTED RESTRICTED RESTRICTED RESTRICTED RESTRICTED 72261 50327 21934 21934 SECURITY DEPOSITS 36075 DUE FROM RELATED PARTY 266563 ROU ASSET 493999 796637 LEASE LIABILITY 532341 532341 X X X 0 0 0 0 0 0 0 0 0 SHANA-TARA O'TOOLE PRESIDENT/CEO 175000 0 0 0 0 0 5250 0 0 0 180250 0 0 0 JASON PYE DIRECTOR, RULE OF LAW INITIATIVES 147359 0 1883 0 0 0 4557 0 9328 0 163127 0 0 0 FORM 990, PART VI, SECTION A, LINE 2 SHANA-TARA O'TOOLE, EX OFFICIO DIRECTOR AND PRESIDENT/CEO, AND TIMOTHY O'TOOLE, DIRECTOR, ARE WIFE AND HUSBAND. FORM 990, PART VI, SECTION B, LINE 11B THE FORM 990 IS PREPARED BY AN OUTSIDE ACCOUNTING FIRM, SUBMITTED TO THE PRESIDENT, AND REVIEWED BY THE OFFICERS PRIOR TO SUBMISSION. FORM 990, PART VI, SECTION B, LINE 12C EACH DIRECTOR, COMMITTEE MEMBER, AND EMPLOYEE OF THE ORGANIZATION IS PROVIDED A COPY OF THE ORGANIZATION'S CONFLICTS OF INTEREST POLICY AND SIGNS AND DATES AN ACCOMPANYING DISCLOSURE STATEMENT DISCLOSING POTENTIAL CONFLICTS OF INTEREST AT THE BEGINNING OF HIS OR HER TERM OF SERVICE OR EMPLOYMENT, AND ANNUALLY THEREAFTER. ALL DIRECTORS, COMMITTEE MEMBERS, AND EMPLOYEES ARE ALSO UNDER A CONTINUING OBLIGATION TO MAKE FULL DISCLOSURE OF ALL SITUATIONS INVOLVING EITHER ACTUAL OR POTENTIAL CONFLICTS OF INTEREST, WHENEVER SUCH SITUATIONS MAY ARISE, AND ANY INDIVIDUAL WHO HAS AN ACTUAL OR POTENTIAL CONFLICT OF INTEREST AS TO ANY PROPOSED GRANT, TRANSACTION, OR OTHER MATTER SHALL DISCLOSE THE POSSIBLE CONFLICT OF INTEREST BEFORE ANY BOARD OR COMMITTEE DELIBERATIONS ON SUCH MATTER. FOLLOWING DISCLOSURE OF A POSSIBLE CONFLICT OF INTEREST, THE BOARD OF DIRECTORS OR EXECUTIVE COMMITTEE SHALL DETERMINE WHETHER A CONFLICT OF INTEREST EXISTS AND, IF SO, DETERMINE A COURSE OF ACTION TO RESOLVE THE CONFLICT, SUBJECT TO THE FOLLOWING RULE. A DIRECTOR, COMMITTEE MEMBER, OR EMPLOYEE SHALL NOT PARTICIPATE IN ANY DISCUSSION, DEBATE, OR VOTE OF THE BOARD OF DIRECTORS OR ANY COMMITTEE IN WHICH THE SUBJECT OF DISCUSSION IS A TRANSACTION IN WHICH THERE IS AN ACTUAL CONFLICT OF INTEREST. AFTER PROVIDING ANY INFORMATION REQUESTED BY OTHER MEMBERS, THE INTERESTED PERSON SHALL BE PHYSICALLY ABSENT FROM THE ROOM IN WHICH THE DISCUSSION AND VOTE TAKE PLACE AND SHALL ABSTAIN FROM A VOTE. THE MINUTES OF THE MEETING WILL REFLECT WHAT STEPS WERE TAKEN. ALL OTHER CONFLICTS OF INTEREST SHALL BE HANDLED AS DETERMINED BY THE BOARD OF DIRECTORS OR EXECUTIVE COMMITTEE. FORM 990, PART VI, SECTION B, LINE 15 COMPENSATION OF THE ORGANIZATION'S PRESIDENT IS BASED ON A BOARD REVIEW OF COMPARABLE DATA AND CONTEMPORANEOUS SUBSTANTIATION OF THE DELIBERATION AND DECISION. COMPENSATION OF OTHER KEY EMPLOYEES OF THE ORGANIZATION, IF THERE ARE ANY, IS SET BY THE PRESIDENT/CEO. FORM 990, PART VI, SECTION C, LINE 19 THE ORGANIZATION MAKES ITS GOVERNING DOCUMENTS, CONFLICT OF INTEREST POLICY, AND FINANCIAL STATEMENTS AVAILABLE TO THE PUBLIC UPON REQUEST. FORM 990, PART X, LINE 15: "OTHER ASSETS" INCLUDE $266,563 IN AMOUNTS DUE FROM CLAUSE 40 FOUNDATION (A BROTHER-SISTER 501(C)(3) ORGANIZATION) FOR CASH ADVANCES, SHARED PAYROLL, AND OTHER EXPENSES SINCE THE FOUNDING OF CLAUSE 40 FOUNDATION IN 2018. CLAUSE 40 FOUNDATION 700 PENNSYLVANIA AVE SE SUITE 560 WASHINGTON DC 20003 824127219 PUBLIC EDUCATION/CHARITY DC 501(C)(3) LINE 7 0 0 0 1 1 0 0 0 0 0 0 0 0 0 1 1 0 0 0 0 CLAUSE 40 FOUNDATION C 50000 ACTUAL AMOUNTS CLAUSE 40 FOUNDATION D 266563 ACTUAL AMOUNTS CLAUSE 40 FOUNDATION O 205406 ACTUAL AMOUNTS CLAUSE 40 FOUNDATION N 0 SHARED SPACE AND FACILITIES