2024-11-15T10:20:38-06:00 2023-12-31 521392008 GELMAN ROSENBERG & FREEDMAN 4550 MONTGOMERY AVE SUITE 800N BETHESDA MD 208142930 990 2023-01-01 824145852 DUE PROCESS INSTITUTE DUEP 2025586685 700 PENNSYLVANIA AVE SE 560 WASHINGTON DC 20003 SHANA-TARA O'TOOLE PRESIDENT/CEO 2025586685 2024-11-15 1 0 ELIZABETH W HELLER P00397829 3019519090 2023 2024-10-15 13:58:12Z SHANA-TARA O'TOOLE 700 PENNSYLVANIA AVE SE 560 WASHINGTON DC 20003 574374 0 X WWW.IDUEPROCESS.ORG X 2018 DC SEE PART III, LINE 1. 12 11 4 25 0 0 363825 564071 5500 7000 0 3303 0 0 369325 574374 0 0 0 0 393803 447262 0 0 1971 277461 297093 671264 744355 -301939 -169981 959549 628683 554609 393725 404940 234958 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 532305 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. DUE PROCESS INSTITUTE'S SIXTH YEAR OF OPERATIONS SAW IT ONCE AGAIN SERVE AS A MAJOR CONTRIBUTOR TO CRIMINAL JUSTICE REFORM.1. FEDERAL ADVOCACY IN 2023, FOR THE SIXTH 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 (BUT NOT LIMITED TO):--FAIR ACT OF 2023 (H.R. 1524) INTRODUCED AND PASSED BY THE JUDICIARY COMMITTEE OF THE HOUSE OF REPRESENTATIVES--PROHIBITING PUNISHMENT OF ACQUITTED CONDUCT ACT (H.R. 5430; S. 2788) WAS INTRODUCED AND THEN PASSED BY THE JUDICIARY COMMITTEE OF THE HOUSE OF REPRESENTATIVES; ALSO INTRODUCED IN THE SENATE--FOURTH AMENDMENT IS NOT FOR SALE ACT: H.R.4639 WAS INTRODUCED AND THEN PASSED BY THE JUDICIARY COMMITTEE OF THE HOUSE OF REPRESENTATIVES; IT WAS ALSO INTRODUCED IN THE SENATE. ULTIMATELY, AN IMPORTANT ELEMENT OF THE LEGISLATION (PREVENTING THE DEPARTMENT OF DEFENSE FROM PURCHASING DATA THAT WOULD OTHERWISE REQUIRE A WARRANT, COURT ORDER, OR SUBPOENA) WAS INCLUDED IN THE HOUSE'S NDAA (AMENDMENT #66).--PROTECT LIBERTY AND END WARRANTLESS SURVEILLANCE ACT (H.R. 6570) INTRODUCED AND THEN PASSED BY THE JUDICIARY COMMITTEE OF THE HOUSE OF REPRESENTATIVES--GOVERNMENT SURVEILLANCE REFORM ACT (H.R. 6262; S. 3234) INTRODUCED IN THE HOUSE OF REPRESENTATIVES AND THE SENATE--BEGIN AGAIN ACT (S. 2596; H.R. 4958) INTRODUCED IN THE HOUSE OF REPRESENTATIVES AND THE SENATE--EQUAL ACT (H.R. 1062; S. 524) INTRODUCED IN THE HOUSE OF REPRESENTATIVES AND THE SENATE--FEDERAL PRISON OVERSIGHT ACT (S. 1401; H.R. 3019) INTRODUCED IN THE HOUSE OF REPRESENTATIVES AND THE SENATE--SAFER SUPERVISION ACT (H.R. 5005; S. 2681) INTRODUCED IN THE HOUSE OF REPRESENTATIVES AND THE SENATE--SMARTER PRETRIAL DETENTION FOR DRUG CHARGES ACT OF 2023 (H.R. 4361; S.1056) INTRODUCED IN THE HOUSE OF REPRESENTATIVES AND THE SENATE--TERRY TECHNICAL CORRECTION ACT (H.R. 50; S. 1247) INTRODUCED IN THE HOUSE OF REPRESENTATIVES AND THE SENATE--DUE PROCESS CONTINUITY OF CARE ACT (H.R. 3074; S. 971) INTRODUCED IN THE HOUSE OF REPRESENTATIVES AND THE SENATE-- REENTRY ACT OF 2023 (H.R. 2400; S. 1165) INTRODUCED IN THE HOUSE OF REPRESENTATIVES AND THE SENATE--SMART SENTENCING ADJUSTMENTS ACT (H.R. 2931; S. 1342) INTRODUCED IN THE HOUSE OF REPRESENTATIVES AND THE SENATE-- ARTICLE ONE ACT (H.R. 3988; S. 1912) INTRODUCED IN THE HOUSE OF REPRESENTATIVES AND THE SENATE--FRED KOREMATSU CONGRESSIONAL GOLD MEDAL ACT OF 2023 (H.R. 640; S. 137) INTRODUCED IN THE HOUSE OF REPRESENTATIVES AND THE SENATE--KOREMATSU-TAKAI CIVIL LIBERTIES PROTECTION ACT OF 2023 (H.R. 369; S.129) INTRODUCED IN THE HOUSE OF REPRESENTATIVES AND THE SENATE--QUALITY DEFENSE ACT OF 2023 (S. 850) INTRODUCED IN THE SENATE--SENTENCING COMMISSION IMPROVEMENTS ACT (S. 851) INTRODUCED IN THE SENATE--CLEAN SLATE ACT OF 2023 (H.R. 2930) INTRODUCED IN THE HOUSE OF REPRESENTATIVES--FRESH START ACT (H.R. 2983) INTRODUCED IN THE HOUSE OF REPRESENTATIVES--DRIVING FOR OPPORTUNITY ACT (S. 2313) INTRODUCED IN THE SENATE--SNAP SECOND CHANCE ACT (H.R. 1427) INTRODUCED IN THE HOUSE OF REPRESENTATIVES--GOVERNMENT SURVEILLANCE TRANSPARENCY ACT (H.R. 5331) INTRODUCED IN THE HOUSE OF REPRESENTATIVES--SMARTER SENTENCING ACT OF 2023 (S. 1152) INTRODUCED IN THE SENATE--HOPE ACT (H.R. 2677) INTRODUCED IN THE HOUSE OF REPRESENTATIVES--TEST ACT (S. 1950) INTRODUCED IN THE SENATE--PREVENTING OVERDOSES WITH TEST STRIPS ACT (H.R. 5801) INTRODUCED IN THE HOUSE OF REPRESENTATIVESTHE ORGANIZATION'S STAFF ALSO SIGNIFICANTLY ENGAGED IN THE FOLLOWING FEDERAL ADVOCACY CAMPAIGNS IN 2023: PREVENTING THE FURTHER EROSION OF THE FOURTH AMENDMENT AND PROTECTING DIGITAL PRIVACY RIGHTS; OPPOSING WARRANTLESS SURVEILLANCE; OPPOSING PROPOSED BUDGET CUTS TO THE FEDERAL DEFENDERS SUPPORTING FEDERAL CLEMENCY REFORM; OPPOSING ATTEMPTS TO END HOME CONFINEMENT UNDER THE CARES ACT; SUPPORTING PRESIDENTIAL PARDONS; ADDRESSING THE FENTANYL CRISIS BY SUPPORTING INCREASED ACCESS TO HARM REDUCTION SERVICES AND SUBSTANCE USE DISORDER TREATMENT INSTEAD OF THE PERMANENT CLASS-WIDE SCHEDULING OF ALL FENTANYL-RELATED SUBSTANCES; PREVENTING CONGRESS FROM CREATING ADDITIONAL UNNECESSARY CRIMINALIZATION; WORKING TO EFFECTUATE CHANGES TO THE CRIMINAL LEGAL SYSTEM THAT WOULD END THE "TRIAL PENALTY; OPPOSING CONGRESSIONAL OBSTRUCTION OF IMPLEMENTATION OF DC'S REVISED CRIMINAL CODE ACT; SUPPORTING ACCESS TO DC COUNCIL HEARINGS FOR INCARCERATED RESIDENTS; SUPPORTING FEDERAL CRIMINAL DISCOVERY LAW REFORM; SUPPORTING POLICE DEMILITARIZATION; SUPPORTING BOP REFORMS; 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 MULTIPLE 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 COUNCIL FOR STATE GOVERNMENT'S JUSTICE CENTER'S CONFERENCE IN CHARLESTON, SC.2. STATE ADVOCACYWHILE DUE PROCESS INSTITUTE DID NOT HAVE THE RESOURCES IN 2023 TO ENGAGE IN SIGNIFICANT BIPARTISAN STATE EDUCATION OR ADVOCACY EFFORTS, ITS STAFF DOES WORK ON VARIOUS STATE CAMPAIGNS IN SUPPORT OF SOME OF ITS MAJOR REFORM INITIATIVES. OF NOTE, DUE PROCESS INSTITUTE SUPPORTED EXPANDING THE AVAILABILITY OF RELEASE ON BAIL IN GEORGIA, AND SUPPORTED MULTIPLE CRIMINAL JUSTICE REFORM EFFORTS IN THE DISTRICT OF COLUMBIA.3. PUBLICATIONS & SPEAKING ENGAGEMENTSIN ITS SIXTH YEAR, DUE PROCESS INSTITUTE E-PUBLISHED POSITION PIECES ON A VARIETY OF ISSUES INCLUDING SECOND CHANCE LEGISLATION AND DECREASING CRIME RATES. 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 SIXTH YEAR, DUE PROCESS INSTITUTE FILED AMICUS BRIEFS IN CASES INVOLVING: OBSTACLES FOR HABEAS RELIEF; APPLICATION OF THE OBSTRUCTION OF JUSTICE STATUTE; VOTER DISENFRANCHISEMENT FOR THOSE WITH PAST CRIMINAL LEGAL SYSTEM INVOLVEMENT; PROSECUTION OF PEOPLE WITH FELONY CONVICTIONS WHO UNWITTINGLY REGISTERED TO VOTE AND VOTED WHILE INELIGIBLE TO DO SO; AND INTERPRETATION OF PROVISIONS OF THE FIRST STEP ACT. 38467 0 7000 CLE PROGRAMS: IN ADDITION TO ITS POLICY WORK, DUE PROCESS INSTITUTE DEVELOPS AND EXECUTES CONTINUING LEGAL EDUCATION (CLE) EVENTS FOR ATTORNEYS. IN 2023, 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. 570772 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 1 0 1 4 1 0 0 0 0 1 1 0 0 0 X 12 11 1 0 0 0 0 0 0 1 1 0 0 1 1 1 1 1 1 0 0 0 X SHANA-TARA O'TOOLE 2025586685 700 PENNSYLVANIA AVE SE STE 560 WASHINGTON DC 20003 SHANA-TARA O'TOOLE PRESIDENT/CEO 64.00 11.00 X X 175000 0 5250 JASON PYE DIRECTOR, RULE OF LAW INITIATIVES 77.90 0.10 X 168928 0 10424 ROSS GARBER CHAIR 1.00 1.00 X X 0 0 0 MICHAEL CHASE TREASURER (TIL 12/22/23); DIRECTOR 1.00 1.00 X X 0 0 0 JENNY KIM DIRECTOR; TREASURER (FROM 12/23/23) 1.00 X X 0 0 0 BARRY BOSS SECRETARY 1.00 X X 0 0 0 JEFFREY L FISHER DIRECTOR 1.00 X 0 0 0 BRANDI HARDEN DIRECTOR 1.00 X 0 0 0 TIMOTHY O'TOOLE DIRECTOR 1.00 1.00 X 0 0 0 JOHN CLINE DIRECTOR 1.00 X 0 0 0 MICHELE MORRIS DIRECTOR 1.00 X 0 0 0 TODD FARHA DIRECTOR 1.00 X 0 0 0 MATT KAISER DIRECTOR 1.00 X 0 0 0 343928 0 15674 2 0 1 0 0 55452 508619 564071 EVENT PROGRAM REVENUE 900099 7000 7000 7000 3303 3303 574374 7000 0 3303 153212 122358 30409 445 244388 197936 45732 720 7332 3092 4229 11 12822 5407 7395 20 29508 23811 5589 108 102 102 31620 31620 4612 3717 883 12 41769 35774 5938 57 173656 140924 32225 507 2429 2081 345 3 20435 17505 2902 28 10062 8166 1867 29 12408 10001 2376 31 744355 570772 171612 1971 X 139080 35492 1898 2166 72261 60391 21934 11870 796637 579155 959549 628683 22268 20441 532341 373284 554609 393725 X 404940 234958 404940 234958 959549 628683 -169981 0 X 0 0 0 RESTRICTED RESTRICTED RESTRICTED RESTRICTED RESTRICTED RESTRICTED RESTRICTED RESTRICTED 72261 60391 11870 11870 SECURITY DEPOSITS 36075 DUE FROM RELATED PARTY 204898 ROU ASSET 338088 OTHER ASSETS 94 579155 LEASE LIABILITY 373284 373284 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 150000 0 18928 0 0 0 5068 0 5356 0 179352 0 0 0 FORM 990, PART VI, SECTION A, LINE 2 SHANA-TARA O'TOOLE AND TIMOTHY O'TOOLE HAVE A FAMILY RELATIONSHIP. FORM 990, PART VI, SECTION B, LINE 11B THE FORM 990 IS PREPARED BY AN OUTSIDE ACCOUNTING FIRM, SUBMITTED TO THE PRESIDENT, REVIEWED BY OFFICERS AND PROVIDED TO THE BOARD 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 $204,898 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 0 1 0 0 0 0 0 0 0 0 0 1 1 0 0 0 0 CLAUSE 40 FOUNDATION D 204898 ACTUAL AMOUNTS CLAUSE 40 FOUNDATION O 78935 ACTUAL AMOUNTS CLAUSE 40 FOUNDATION N 0 SHARED SPACE AND FACILITIES