2025-11-12T15:38:02-06:00 2024-12-31 521392008 GELMAN ROSENBERG & FREEDMAN 4550 MONTGOMERY AVE SUITE 800N BETHESDA MD 208142930 990 2024-01-01 824145852 DUE PROCESS INSTITUTE DUEP 2025586685 700 PENNSYLVANIA AVE SE 560 WASHINGTON DC 20003 SHANA-TARA O'TOOLE PRESIDENT/CEO 2025586685 2025-11-12 1 0 ELIZABETH W HELLER P00397829 3019519090 2024 2025-03-06 01:10:19Z SHANA-TARA O'TOOLE 700 PENNSYLVANIA AVE SE 560 WASHINGTON DC 20003 976924 0 X WWW.IDUEPROCESS.ORG X 2018 DC SEE PART III, LINE 1. 10 9 4 25 0 0 564071 964330 7000 8956 3303 3638 0 0 574374 976924 0 0 0 0 447262 489732 0 0 2289 297093 276368 744355 766100 -169981 210824 628683 679366 393725 225662 234958 453704 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 510784 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: SENTENCING REFORM; SUPERVISED RELEASE REFORM; CRIMINAL DISCOVERY REFORM; 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, JUDICIAL, 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, AND UNNECESSARY, VAGUE, OR OVERREACHING CRIMINAL LAWS. 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 SEVENTH YEAR OF OPERATIONS SAW IT ONCE AGAIN SERVE AS A MAJOR CONTRIBUTOR TO CRIMINAL JUSTICE REFORM.1. FEDERAL ADVOCACY IN 2024, 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):--FEDERAL PRISON OVERSIGHT ACT (H.R. 3019), PASSED BY BOTH THE HOUSE OF REPRESENTATIVES AND THE SENATE, AND SIGNED INTO FEDERAL LAW--PUBLIC DEFENSE FUNDING PASSED IN THE FURTHER CONSOLIDATED APPROPRIATIONS ACT (H.R. 2882), INTRODUCED AND PASSED BY BOTH THE HOUSE OF REPRESENTATIVES AND THE SENATE, AND SIGNED INTO LAW--SECOND CHANCE REAUTHORIZATION ACT (H.R. 8028 / S. 4477), INTRODUCED IN BOTH THE HOUSE OF REPRESENTATIVES AND THE SENATE AND PASSED BY THE SENATE--CLEAN SLATE ACT (S. 5266), INTRODUCED IN THE SENATE --FAIR ACT (S. 5512), INTRODUCED IN THE SENATE--SECOND LOOK ACT (H.R. 10223 / S. 5396), INTRODUCED IN BOTH THE HOUSE OF REPRESENTATIVES AND THE SENATE--MENS REA REFORM ACT (H.R. 10250), INTRODUCED IN THE HOUSE OF REPRESENTATIVES--WELDON ANGELOS PRESIDENTIAL PARDON EXPUNGEMENTS ACT (H.R. 10248), INTRODUCED IN THE HOUSE OF REPRESENTATIVES--TO ESTABLISH A FEDERAL PUBLIC DEFENDER COMMISSION (H.R. 10379 / S. 5526), INTRODUCED IN BOTH THE HOUSE OF REPRESENTATIVES AND THE SENATE--SEXUAL ABUSE SERVICES IN DETENTION ACT (H.R. 9835), INTRODUCED IN THE HOUSE OF REPRESENTATIVES--CRIMINAL JUDICIAL ADMINISTRATION ACT (S. 4837), INTRODUCED IN THE SENATE--ARTICLE ONE ACT (H.R. 3988), PASSED BY HOUSE JUDICIARY COMMITTEE--REPUBLIC ACT (S. 4373), INTRODUCED IN THE SENATE AND PASSED BY SENATE JUDICIARY COMMITTEE--HOPE ACT (S. 4161), INTRODUCED IN THE SENATE--JUSTICE FOR INCARCERATED MOMS ACT (H.R. 3344 / S. 4060), INTRODUCED IN BOTH THE HOUSE OF REPRESENTATIVES AND THE SENATE--SOLITARY CONFINEMENT REFORM ACT (S. 4121), INTRODUCED IN THE SENATE--COUNT THE CRIES TO CUT ACT (H.R. 8672), INTRODUCED IN THE HOUSE OF REPRESENTATIVES--RIGHT TO TRIAL ACT (H.R. 8856), INTRODUCED IN THE HOUSE OF REPRESENTATIVES--INSPECTOR GENERAL ACCESS ACT (S. 3813), INTRODUCED IN THE SENATE--JUSTICE FOR BREONNA TAYLOR ACT (H.R. 7617 / S. 3900), INTRODUCED IN BOTH THE HOUSE OF REPRESENTATIVES AND THE SENATE--SAFE ACT (S. 3961), INTRODUCED IN THE SENATE--BOP RELEASE CARD ID ACT (H.R. 6985 / S. 3993), INTRODUCED IN BOTH THE HOUSE OF REPRESENTATIVES AND THE SENATE-- TO AMEND TITLE 18, UNITED STATES CODE, TO PERMIT PAYMENTS TO BE MADE TO THE LAW FIRMS OF COURT-APPOINTED ATTORNEYS, AND FOR OTHER PURPOSES (H.R. 5781), INTRODUCED IN THE HOUSE OF REPRESENTATIVESIN ADDITION TO SUPPORTING THE ABOVE, AS WELL AS CONTINUING TO ADVANCE PRIORITY BILLS INTRODUCED IN THE PREVIOUS YEAR, THE ORGANIZATION'S STAFF ALSO SIGNIFICANTLY ENGAGED IN THE FOLLOWING FEDERAL ADVOCACY CAMPAIGNS IN 2024: PREVENTING THE FURTHER EROSION OF THE FOURTH AMENDMENT AND PROTECTING DIGITAL PRIVACY RIGHTS; OPPOSING WARRANTLESS SURVEILLANCE; SUPPORTING PASSAGE OF THE DUE PROCESS CONTINUITY OF CAR ACT; URGING THE SENATE TO CONFIRM U.S.S.C. COMMISSIONERS; RESPONDING TO A PROPOSED BOP RULE BANNING SOCIAL MEDIA; SUPPORTING PASSAGE OF NATIONAL EMERGENCIES ACT REFORM; SUPPORTING PRESIDENTIAL PARDONS AND CLEMENCIES; URGING THE DEA TO RECLASSIFY MARIJUANA AS A SCHEDULE 3 DRUG; ADDRESSING THE FENTANYL CRISIS BY SUPPORTING INCREASED ACCESS TO HARM REDUCTION SERVICES AND SUBSTANCE USE DISORDER TREATMENT NOT 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; SUPPORTING FEDERAL CRIMINAL DISCOVERY LAW REFORM; 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 CLEAN SLATE INITIATIVE'S CONVENING AND HOSTED TWO OF ITS OWN MAJOR POLICY PROGRAMS IN SUPPORT OF RECORD-SEALING LEGISLATION AND SENTENCING/PRISON REFORMS.LASTLY, DUE PROCESS INSTITUTE PLAYED A CRITICAL ROLE IN SUPPORTING THE U.S.S.C'S ADOPTION OF FEDERAL SENTENCING REFORM AMENDMENTS, INCLUDING ONE THAT LIMITED ACQUITTED CONDUCT SENTENCING.2. STATE ADVOCACYDUE PROCESS INSTITUTE DID NOT HAVE THE RESOURCES IN 2024 TO ENGAGE IN SIGNIFICANT BIPARTISAN STATE EDUCATION OR ADVOCACY EFFORTS.3. PUBLICATIONS & SPEAKING ENGAGEMENTSIN ITS SEVENTH YEAR, DUE PROCESS INSTITUTE E-PUBLISHED POSITION PIECES ON A VARIETY OF ISSUES INCLUDING SECOND CHANCE LEGISLATION, DIMINISHING CRIME RATES, THE CONTINUED SUCCESS OF THE FIRST STEP ACT, AND THE IMPORTANCE OF APPROPRIATE FUNDING FOR THE PUBLIC DEFENSE FUNCTION. 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 SEVENTH YEAR, DUE PROCESS INSTITUTE FILED AMICUS BRIEFS IN CASES INVOLVING: INTERPRETATIONS OF VARIOUS PROVISIONS OF THE FIRST STEP ACT; POLICE ACCOUNTABILITY; OVERREACH OF FEDERAL CRIMINAL PROPERTY FRAUD STATUTES; PROSECUTION OF PEOPLE WITH FELONY CONVICTIONS WHO UNWITTINGLY REGISTERED TO VOTE AND VOTED WHILE INELIGIBLE TO DO SO; INTERPRETATION OF THE FEDERAL ESCAPE STATUTE; AND OVERREACH OF VARIOUS FEDERAL BRIBERY STATUTES. 36168 8956 CLE PROGRAMS: IN ADDITION TO ITS POLICY WORK, DUE PROCESS INSTITUTE DEVELOPS AND EXECUTES CONTINUING LEGAL EDUCATION (CLE) EVENTS FOR ATTORNEYS. IN 2024, 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. 546952 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 10 9 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 35.30 1.90 X X 175000 0 5250 ROSS GARBER CHAIR 1.00 1.00 X X 0 0 0 JENNY KIM TREASURER 1.00 X X 0 0 0 BARRY BOSS SECRETARY 1.00 X X 0 0 0 MICHAEL CHASE DIRECTOR 1.00 1.00 X 0 0 0 JEFFREY 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 MICHELE MORRIS DIRECTOR (UNTIL 08/24) 1.00 X 0 0 0 TODD FARHA DIRECTOR 1.00 X 0 0 0 MATTHEW KAISER DIRECTOR 1.00 X 0 0 0 JASON PYE VICE PRESIDENT 38.70 X 168280 0 10592 343280 0 15842 2 0 1 0 0 28811 935519 964330 EVENT PROGRAM REVENUE 900099 8956 8956 8956 3638 3638 976924 8956 0 3638 153213 110259 42609 345 282989 205913 76432 644 8219 3725 4482 12 11469 5198 6254 17 33842 24170 9595 77 821 821 26586 26586 2205 1717 476 12 21297 17101 4114 82 161103 123989 36230 884 1622 1272 350 21722 21722 5730 4410 1289 31 13329 10381 2878 70 FINANCE CHARGES 21574 16803 4658 113 OFFICE EQUIPMENT 379 292 85 2 766100 546952 216859 2289 X 35492 169331 135417 2166 1285 72261 66120 11870 6141 579155 367192 628683 679366 20441 15498 373284 210164 393725 225662 X 234958 453704 234958 453704 628683 679366 210824 7922 0 X 0 0 0 RESTRICTED RESTRICTED RESTRICTED RESTRICTED RESTRICTED RESTRICTED RESTRICTED RESTRICTED 72261 66120 6141 6141 SECURITY DEPOSITS 36075 DUE FROM RELATED PARTY 149021 ROU ASSET 182096 367192 LEASE LIABILITY 210164 210164 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 VICE PRESIDENT 166346 0 1934 0 0 0 5048 0 5544 0 178872 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 $149,021 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 149021 ACTUAL AMOUNTS CLAUSE 40 FOUNDATION O 35487 ACTUAL AMOUNTS CLAUSE 40 FOUNDATION N SHARED SPACE AND FACILITIES