Form 990 for tax year 2022

Totals

Total revenue

$369,325

Total expenses

$671,264

Contributions and grants received

$363,825

Grants paid

$0

Program service revenue

$5,500

Investment income

$0

Other revenue

$0

Total assets, end of year

$959,549

Total liabilities, end of year

$554,609

Net assets or fund balances, end of year

$404,940

Program services expenses (Part IX)

$498,998

Management and general expenses

$162,647

Fundraising expenses

$9,619

Program service expenses (Part III)

$498,998

Program services were 74.3% of total expenses calculated — Part IX's program-services column over total expenses, both as filed.

Line items

Every line the filer filed in Parts VIII, IX and X, as filed and in filed order. Blank columns are left out, and the lines are not forced to add up to the totals above.

Mission and programs · 2022

• 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.

  Expenses $460,578

• 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.

  Expenses $38,420 · Revenue $5,500

As filed on the 2022 return. The filer continues this part on Schedule O, which is not shown here.

Listed in Part VII

Compensation is as filed in Part VII: reportable pay from this organization and from related organizations, other compensation, and hours per week. The total, marked calculated, is our sum of the three dollar columns, with a blank column counted as $0; the form itself has no total. On a Form 990-EZ the columns are Part IV's instead, and on a Form 990-PF Part VIII's — compensation, contributions to benefit plans, and expense account — and the total sums those. A Schedule J breakdown is as filed: base pay, bonus, other, deferred compensation and nontaxable benefits from this organization, with any from related organizations beside each, and the filer's own total. It is shown with the Part VII listing of the same name on the same return. The form gives no key between the two, so that pairing is ours, and is marked matched by us.

Schedule J

Part I's answers as filed. A line not listed was left unanswered; on lines 1a and 3 that means the box was not checked.

Grants on this return

No itemized grants to organizations on this return.

Related organizations on this return

Schedule R Part II: tax-exempt organizations related to the filer by control. It does not record shared board members or money.

• CLAUSE 40 FOUNDATION

  501(C)(3) · PUBLIC EDUCATION/CHARITY · DC

Provenance

Return type

form_990

Tax year

2022

Filed

10 November 2023

IRS schema version

2022v5.0

Source object

202343149349305854

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