Learn how you can help ensure that the principle of due process endures this crisis
Learn how you can help ensure that the principle of due process endures this crisis
This bill would provide for the automatic sealing of records for simple possession of a controlled substance under 21 U.S.C. §844 or records for any federal nonviolent marijuana offense—one year after someone has completed his or her sentence. The bill also provides a petition process for the sealing of records for certain nonviolent offenses.
Due Process Institute ENDORSES this bill.
This bill establishes an inspections regime for the Bureau of Prisons (BOP). Further, it provides for the establishment in DOJ of an Ombudsman who may receive complaints, make inquiries, and recommend actions, and decline to investigate or take action, as specified; and (2) prohibits BOP retaliation against any person or entity that has instituted or caused to be instituted any proceeding, investigation, or inspection under this bill.
Due Process Institute ENDORSES this bill.
Update: The bill was signed into law by President Biden in July 2024.
This bill provides appropriate standards for the inclusion of a term of supervised release after imprisonment based on good behavior and recidivism reduction.
Due Process Institute ENDORSES this bill.
This bill allows grants under the National Criminal History Improvement Program (NCHIP) to be used to implement a state law that provides for the automatic expungement or sealing of certain criminal records.
Due Process Institute ENDORSES this bill.
Eliminating a Quantifiably Unjust Application of the Law (EQUAL) Act eliminates the federal prison sentence disparity between crack cocaine and powdered cocaine offenses by equalizing the treatment between the two in sentencing and reducing the ratio from 18:1 to 1:1. The bill also makes this reform retroactive through individualized case review by federal courts.
Due Process Institute ENDORSES this bipartisan bill.
This bill protects due process and the right to a jury trial by ensuring that during sentencing, a judge is not permitted to consider conduct for which the defendant was found not guilty. This guarantees that a defendant's sentence is based only on the conduct for which he or she was found guilty beyond a reasonable doubt.
Due Process Institute ENDORSES this bill.
This legislation would prohibit detention or imprisonment based solely on an actual or perceived protected characteristic of an individual.
Due Process Institute ENDORSES this bill.
This bill revises federal laws governing civil asset forfeiture. Specifically, the bill makes various changes to the general rules governing civil forfeiture proceedings. Among the changes, the bill requires counsel for an indigent property owner facing forfeiture ,raises the evidentiary standard to clear and convincing evidence, and removes excessive forfeitures of property.
Due Process Institute ENDORSES this bill.
Update: The bill was passed unanimously through House Judiciary.
This bill allows for Medicaid payment of medical services furnished to an incarcerated individual during the 30-day period preceding the individual's release.
Due Process Institute ENDORSES this bill.
This bill allows an otherwise eligible individual who is in custody pending disposition of charges (i.e., pretrial detainees) to receive Medicaid benefits at the option of the state. The bill also provides for state planning grants to support the provision of such benefits.
Due Process Institute ENDORSES this bill.
This bill authorizes the Department of Justice (DOJ) to make grants to states and local governments to reduce the financial and administrative burden of expunging convictions for state cannabis offenses.
Due Process Institute ENDORSES this bill.
This bill renews Section 702 of FISA for four years and reforms the law to better protect national security and Americans’ Constitutional rights. Notably, it reforms 702 to protect Americans from warrantless backdoor searches, ensures that foreigners aren’t targeted as a pretext for spying on the Americans with whom they are communicating, and prohibits the collection of domestic communications.
Due Process Institute ENDORSES this bill.
This bill terminates a presidential declaration of a national emergency after 30 days if Congress does not pass a joint resolution approving the declaration. Currently, such a declaration may continue until Congress passes a joint resolution disapproving the declaration.
Due Process Institute ENDORSES this bill.
This bill authorizes the Department of Justice to make grants to states that do not suspend, revoke, or refuse to renew a driver's license of an individual based on such individual's failure to pay a civil or criminal fine or fee.
Due Process Institute ENDORSES this bill.
This bill provides for the rescheduling or removal from scheduling of certain fentanyl-related substances under the Controlled Substances Act. Specifically, the bill requires the Drug Enforcement Administration (DEA) to schedule, reschedule, or remove from scheduling fentanyl-related substances it has identified but not yet permanently scheduled within one year of the bill's enactment.
Due Process Institute ENDORSES this bill.
This legislation would require certain state and local prosecutors to report data on criminal referrals and outcomes of cases involving murder or non-negligent manslaughter, forcible rape, robbery, aggravated assault, burglary, larceny, motor vehicle theft, arson, or any offense involving the illegal use or possession of a firearm.
Due Process Institute OPPOSES this bill.
This joint resolution would nullify the Revised Criminal Code Act of 2022, enacted by the council of the District of Columbia (DC). The act makes a variety of changes to DC criminal laws, including by providing statutory definitions for various elements of criminal offenses, modifying sentencing guidelines and penalties, and expanding the right to a jury trial for certain misdemeanor crimes.
Due Process Institute OPPOSES this joint resolution.
Update: The joint resolution was signed into law.
This bill permanently schedules fentanyl related substances (FRS) on schedule I of the Controlled Substances Act (CSA) based on a flawed class definition, imposes mandatory minimums, and fails to provide an offramp for removing inert or harmless substances from the drug schedule.
Due Process Institute OPPOSES this bill.
Update: The House passed the bill by a vote of 289-133.
This bill requires federal actions to identify and mitigate foreign threats to information and communications technology (ICT) products and services (e.g., social media applications). It also establishes civil and criminal penalties for violations under the bill. However, the criminal provisions in the RESTRICT Act are extraordinarily vague and harsh, constitute a massive delegation of criminal lawmaking authority to the administrative state, and result in an alarming expansion of federal civil asset forfeiture.
Due Process Institute OPPOSES this bill.
This bill establishes requirements for electronic communication service providers and remote computing service providers to report knowledge of various drug-related offenses (e.g., unlawful distribution of a counterfeit controlled substance, fentanyl, or methamphetamine) to the Drug Enforcement Administration.
Due Process Institute OPPOSES this bill.
This bill criminalizes the illicit use of xylazine.
Specifically, the bill establishes criminal penalties for manufacturing, distributing, or dispensing, or possessing with intent to manufacture, distribute, or dispense, xylazine for illicit use in accordance with the penalties for schedule III substances. In addition, the DEA must coordinate with the Food and Drug Administration to report on the prevalence of the illicit use of xylazine, including associated supply chains. The bill also declares the illicit use of xylazine as an emerging drug threat.
Due Process Institute OPPOSES this bill.
This bill establishes a new criminal offense related to the distribution of intimate visual depictions.
Due Process Institute OPPOSES this bill.
This joint resolution would eliminate home confinement under the CARES Act and send thousands of non-violent, low-risk individuals back to prison.
Due Process Institute OPPOSES this bill.
This bill unconstitutionally harms all Americans' free speech and due process rights by creating new executive authorities that could be abused by any presidential administration seeking to terminate the tax-exempt status of nonprofit organizations arbitrarily.
Due Process Institute OPPOSES this bill.
This bill prevents meaningful FISA reform by not enacting needed reforms like closing the backdoor search loophole that agencies use to perform warrantless searches for Americans’ private communications in Section 702 databases, and closing the data broker loophole that intelligence and law enforcement agencies use to buy their way around constitutional and statutory protections for Americans’ sensitive information.
Due Process Institute OPPOSES this bill.
Eliminating a Quantifiably Unjust Application of the Law (EQUAL) Act eliminates the federal prison sentence disparity between crack cocaine and powdered cocaine offenses by equalizing the treatment between the two in sentencing and reducing the ratio from 18:1 to 1:1. The bill also makes this reform retroactive through individualized case review by federal courts.
Due Process Institute ENDORSES this bipartisan bill.
Update: The bill passed in the House by a 361-66 vote and now moves to the Senate for consideration.
This bill would help states end a counterproductive practice—suspending driver’s licenses simply because people cannot satisfy a financial obligation—and enact smart, data-driven policy on fines, fees, and driving license privileges.
Due Process Institute ENDORSES this bipartisan bill.
Update: The bill was reported favorably by the Senate Judiciary Committee.
The Emergency GRACE Act of 2021 makes compassionate release more accessible for federal prisoners. The provisions in this bill ensure everyone incarcerated in a federal prison can apply directly to a judge for compassionate release, create a presumption of a sentence reduction, and provide $50 million for state prison systems to implement compassionate release systems. Furthermore, it expands compassionate release opportunities for those sentenced prior to November 1987 and provides deserving candidates a chance for release.
Due Process Institute ENDORSES this bipartisan bill.
This bill closes a loophole in federal law that allows for large-scale federalization of the National Guard to perform domestic policing functions without invoking the Insurrection Act or any other form of congressional authorization. It reforms the command structure of the D.C. National Guard (DCNG) and transfers control over the DCNG from the president to the Mayor of Washington, D.C.
Due Process Institute ENDORSES this bipartisan bill.
This bill greatly strengthens federal privacy protections against backdoor government snooping by reforming the current laws that allow federal agencies to buy Americans’ digital data and metadata in bulk from internet marketing firms without obtaining court orders based on individualized probable cause.
Due Process Institute ENDORSES this bipartisan bill.
This legislation modernizes federal drug sentencing policies by lowering certain mandatory drug sentences and gives federal judges the authority to conduct individualized reviews to determine the appropriate sentences for certain nonviolent drug offenses.
Due Process Institute ENDORSES this bipartisan bill.
This bill allows courts to apply sentencing reform provisions to reduce sentences imposed prior to the enactment of the First Step Act, including the provisions modifying the definitions of predicate prior offenses and eliminating 924c stacking. It also expands the safety valve to apply if criminal history exclusions cause over-representation of prior convictions, allow for sentence reductions for juvenile offenders who have served 20 years, provide for sealing and expungement of juvenile records, and require the Attorney General to establish procedures to ensure accurate criminal records.
Due Process Institute ENDORSES this bipartisan bill.
Update: The bill was reported favorably and passed the Senate Judiciary Committee.
This bipartisan legislation would expand access to the federal home detention program for elderly individuals, clarify that all individuals in federal prison can apply for compassionate release, and streamline the home detention and compassionate release process during the COVID-19 crisis.
Due Process Institute ENDORSES this bill.
Update: The bill was reported favorably and passed the Senate Judiciary Committee.
Federal law currently limits expungement to individuals convicted of certain low-level drug crimes before they turn 21 years old. The Begin Again Act will slightly expand this provision of federal law to allow any individual convicted of simple possession to receive an expungement.
Due Process Institute ENDORSES this bill.
Update: The bill was reported favorably and passed the Senate Judiciary Committee.
This bill would empower the DOJ Inspector General to investigate misconduct allegations made against DOJ attorneys, rather than the current system that gives that responsibility to the Office of Professional Responsibility.
Due Process Institute ENDORSES this bipartisan bill.
This bipartisan legislation would remove the presumption of pretrial incarceration that currently applies to those charged with nonviolent drug offenses and allow them to receive the same individualized determination judges currently complete for individuals charged with most federal crimes.
Due Process Institute ENDORSES this bill.
This bill would end the federal practice of sentencing on the basis of conduct for which a jury has acquitted.
Due Process Institute ENDORSES this bipartisan bill.
Update: The bill passed the House by a 405-12 vote and now moves to the Senate for consideration.
This bill requires the Bureau of Prisons to create a system to allow those in federal custody the right to confidentially communicate over e-mail with their attorneys without government monitoring.
Due Process Institute ENDORSES this bipartisan bill.
Update: The bill passed the House by a 414-11 vote and now moves to the Senate for consideration.
This bill provides safe harbor and other protections for financial institutions—banks and credit unions—that transact with legitimate cannabis-related and hemp-related businesses. It also protects ancillary business entities that transact with legitimate cannabis-related legitimate businesses and creates a regulatory framework.
Due Process Institute ENDORSES this bipartisan bill.
Update: The bill passed the House as an en banc amendment to the NDAA and now moves to the Senate for consideration.
The Fifth Amendment Integrity Restoration (FAIR) Act of 2019 improves protections for Americans when facing civil asset forfeiture. It increases the burden of proof from a preponderance of evidence to clear-and-convincing evidence; ends the practice of equitable sharing; and directs forfeiture funds into a general fund to disincentivize wrongful takings, among other protections.
Due Process Institute ENDORSES this bipartisan bill.
This bill would provide for the automatic sealing of records for simple possession of a controlled substance or records for any federal nonviolent marijuana offense—one year after someone has completed any potential prison sentence. It also provides a petition process for the sealing of records for certain nonviolent offenses.
Update: The bill was reported favorably and passed the House Judiciary Committee.
This bill directs the Bureau of Justice Assistance within the Department of Justice to establish a grant program—the Second Chance Opportunity for Re-Entry Education Grant Program—to promote reentry training programs and reduce recidivism to county jails for qualified incarcerated persons with nonviolent convictions.
This bill would simply clarify that the First Step Act sentencing reforms were meant to apply to individuals convicted under 21 U.S.C. § 841(b)(1)(C), as well as other low-level offenses.
Update: The bill was reported favorably and passed the House Judiciary Committee.
This bill authorizes the Department of Justice to award grants for states to implement automatic expungement laws (i.e., laws that provide for the automatic expungement or sealing of an individual's criminal records).
Update: The bill was reported favorably and passed the House Judiciary Committee.
This bill takes responsible steps to update USDA's standards and provide a greater opportunity for these business owners to support themselves, their families, and their communities
This bill protects due process and the right to a jury trial by ensuring that during sentencing, a judge is not permitted to consider conduct for which the defendant was found not guilty. This guarantees that a defendant's sentence is based only on the conduct for which he or she was found guilty beyond a reasonable doubt.
Due Process Institute ENDORSES this bipartisan bill.
SAPRA restores reasonable safeguards for the privacy of American citizens by significantly reforming the Foreign Intelligence Surveillance Act and Section 215 of the PATRIOT Act in ways that will not undermine our national security. It ends the Section 215 Call Detail Records program, imposes uniform warrant requirements similar to those in our criminal justice system, and prevents federal agencies from fabricating parallel investigations to protect evidence collected in a manner that conflicts with federal law or Constitutional protections.
Due Process Institute ENDORSES this bipartisan bill.
Update: On March 11th, 2020 the House passed a compromise package of reforms. The Senate passed this legislation with an additional amendment and the House has now sought a conference for both chambers to agree on a final package of reforms.
The Fifth Amendment Integrity Restoration (FAIR) Act of 2019 improves protections for Americans when facing civil asset forfeiture. It increases the burden of proof from a preponderance of evidence to clear-and-convincing evidence; ends the practice of equitable sharing; and directs forfeiture funds into a general fund to disincentivize wrongful takings, among other protections.
Due Process Institute ENDORSES this bipartisan bill.
This bill corrects a drafting error that limits the eligibility of the Elderly Home Detention Pilot Program in the First Step Act. Rather than requiring that 2/3 of the original sentence be served, it requires that the inmate serve 2/3 of the sentence "reduced by any credit toward the service of the prisoner’s sentence awarded under" the Good Time Credits.
Due Process Institute ENDORSES this bipartisan bill.
Update: The bill passed the House by unanimous voice vote and has moved to the Senate.
This bill requires the Bureau of Prisons to create a system to allow those in federal custody the right to confidentially communicate over e-mail with their attorneys without government monitoring.
Due Process Institute ENDORSES this bipartisan bill.
Update: The bill passed the House by unanimous voice vote and is being considered by the Senate Judiciary Committee.
The Restoring Education and Learning (REAL) Act, restores Pell Grant eligibility for incarcerated individuals so they can receive post-secondary education in prison.
Due Process Institute ENDORSES this bipartisan bill.
This bill expands access to entrepreneurship training and business mentorship to individuals who are returning to their community from federal prison.
Due Process Institute ENDORSES this bipartisan bill.
Update: On January 8th, 2020 the House passed this legislation and it is awaiting a vote by the Senate's Committee on Small Business and Entrepreneurship.
This bill helps victims of human trafficking avoid the negative consequences of a criminal record connected with their victimization. It allows judges to vacate convictions and expunge federal arrest records when a criminal conviction is connected to their victimization.
Due Process Institute ENDORSES this bipartisan bill.
This bill establishes 10 pilot reentry programs at historically black colleges and universities with funding to match the resources already committed by these institutions.
The Due Process Institute ENDORSES this bipartisan bill.
Current law prevents individuals with a criminal record from working in the banking industry. This legislation would reduce the barriers faced by qualified individuals solely on account of their criminal record by reducing the necessary waiting periods imposed by federal law.
The Due Process Institute ENDORSES this bipartisan bill.
Update: The FDIC independently adopted its own changes to the entity's regulations that reduce the barriers for individuals with a criminal record but these changes were not as comprehensive as the ones included in this legislation.
The Marijuana Opportunity Reinvestment and Expungement (MORE) Act (H.R. 3884) de-schedules marijuana, removing it from the Controlled Substances Act, and provides a process for courts to expunge marijuana convictions and re-sentence people with marijuana convictions.
Due Process Institute ENDORSES this bipartisan bill.
Update: The bill has passed the House Judiciary Committee.
This bill would empower the DOJ Inspector General to investigate misconduct allegations made against DOJ attorneys, rather than the current system that gives that responsibility to the Office of Professional Responsibility.
Due Process Institute ENDORSES this bipartisan bill.
Update: The House bill has passed the full House of Representatives. The Senate bill has passed the Senate Committee on the Judiciary.
Among other reforms, this bill would ensure all individuals incarcerated in federal prisons, regardless of their sentencing date, can apply directly to a judge for compassionate release. It would specifically extend the reforms included in the First Step Act to federal prisoners who have been serving sentences rendered before November of 1987.
Due Process Institute ENDORSES this bill.
This bill would completely ban the use of a qualified immunity defense for government officials who violate an American citizen's constitutional rights. This bill only applies to lawsuits brought under 42 U.S.C. 1983.
Due Process Institute ENDORSES this bill.
This bill would establish a sexual assault hotline specifically for those located in prisons where individuals can access crisis counseling and other service providers. It would also provide education and training for corrections officials on sexual assault services available to those in prison.
Due Process Institute ENDORSES this bill.
This bill would require federal agencies to locate and report all criminal penalties in federal statute and regulations and establish a public database containing information on every federal statutory and regulatory crime.
Due Process Institute ENDORSES this bill.
This bipartisan legislation would expand access to the federal home detention program for elderly individuals, clarify that all individuals in federal prison can apply for compassionate release, and streamline the home detention and compassionate release process during the COVID-19 crisis.
Due Process Institute ENDORSES this bill.
This bipartisan legislation would assist states seeking to end the counterproductive policy of suspending an individual's driver's license on account of court debt.
Due Process Institute ENDORSES this bill.
This bipartisan legislation would remove the presumption of pretrial incarceration that currently applies to those charged with nonviolent drug offenses and allow them to receive the same individualized determination judges currently complete for individuals charged with most federal crimes.
Due Process Institute ENDORSES this bill.
Federal law currently limits expungement to individuals convicted of certain low-level drug crimes before they turn 21 years old. The Begin Again Act will slightly expand this provision of federal law to allow any individual convicted of simple possession to receive an expungement.
Due Process Institute ENDORSES this bill.
This bill limited the IRS' ability to seek forfeiture in cases where the only suspected crime is "structuring" rather than another crime for which structuring is used to conceal wrongdoing.
Due Process Institute ENDORSED this bill.
Outcome: The RESPECT Act was incorporated into the Taxpayer First Act and signed into federal law on July 10, 2019.
Section 314 of the Patriot Act and its implementing regulations already give significant cause for concern and fail to adequately protect Americans’ Fourth Amendment and privacy rights. Attempts to expand this program through statutory or regulatory means are even more concerning. It is our hope that FinCEN will reevaluate the necessity and efficacy of the Section 314 program and ultimately abandon the practice of warrantless searches and seizures of financial records, or at the very least, adopt clear legal standards and procedural measures consistent with our foundational Constitutional rights.
Due Process Institute has thus far successfully OPPOSED past attempts at legislative expansions of Section 314 of the Patriot Act.
This legislation expanded the rights of defendants in a criminal trial in Virginia to request evidence being used by the prosecution as proof of their guilt and to file motions compelling such discovery with state courts.
Due Process Institute ENDORSED this bill.
Outcome: the legislation became law in Spring 2020.
At the close of the 115th Congress, the First Step Act passed the Senate (87-12) and the House of Representatives (358-36) and was signed into law by President Trump on December 21, 2018. This bill, which made positive changes to the federal prison system as well as some modest federal sentencing reforms was the most significant bipartisan criminal justice reform passed in almost a decade and was one of the first major reform campaigns for the Due Process Institute .
Following this important achievement, Due Process Institute continues to look for those criminal justice reform issues where the Left and Right can come together for the common good as well as new partnerships from across the political spectrum to join our efforts to prevent the further erosion of procedural due process rights in our criminal legal system.
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