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We Urge the House to Vote NO on the District of Columbia Juvenile Sentencing Reform Act
September 16, 2025–Due Process Institute urges members to vote NO on the District of Columbia Juvenile Sentencing Reform Act, H.R. 5140. The bill would lower the age for juveniles to be tried as an adult to 14 years of age.
Recently, the House Oversight and Government Reform (OGR) Committee marked up several bills that are, put simply, an unfortunate act of partisan politics. In August, the FBI released crime figures for 2024, which showed that violent crime is at its lowest point since 1969. Property crime is at its lowest point since 1968. Although we agree that one instance of violent crime is too much, we also believe that lawmakers have a responsibility to legislate in light of data and the truth is, violent crime and property crime are way down. Few would deny that crime in the District of Columbia remains a concern for those who live here. However, the bills recently marked up by OGR ignore the fact that the District of Columbia has made substantial progress, with crime dropping to a 30-year low in 2024.
We recognize that juveniles are responsible for a disproportionate amount of crime in the District. However, we also recognize that science explains that a human’s brain is not fully developed until a person reaches their mid-20s, which is why juvenile law treats children differently from adults. Additionally, the body of available research shows us that incarcerating juveniles only increases the likelihood of recidivism, leads to antisocial behavior, and continues to weaken social bonds.
We implore lawmakers on both sides of the aisle to understand that there are significantly better ways to address crime committed by juveniles than voting yes on this bill. This includes investing in after-school, drug treatment, therapy, mental health, mentoring, and tutoring programs. Exposing minors to the adult corrections system will only serve to do significantly more damage than it will provide benefits to our public safety.
We Urge North Dakota’s Senate Judiciary Committee to Reject SB 2128
January 17, 2025–Due Process Institute and a host of criminal legal reform organizations wrote to Madam Chair Larson and members of the Senate Judiciary Committee to express strong opposition to SB 2128. This legislation introduces punitive sentencing policies that are not only counterproductive but also impose significant budgetary, economic, and societal costs. SB 2128 undermines rehabilitation and weakens the potential of the economic workforce. The imposition of a so-called “truth in sentencing” (TIS) requirement for all sentences eliminates critical opportunities for rehabilitation and reintegration. By excluding halfway houses and transitional facilities from the definition of “corrections facilities,” this provision ensures prolonged incarceration without addressing underlying causes of criminal behavior. The opportunity of employment in transitional facilities is directly related to an individual’s risk of recidivism. Extensive research demonstrates that longer sentences do not deter crime but, by decreasing incentives for rehabilitation, instead increase recidivism rates and make prisons less safe.
Instead of enacting SB 2128, Due Process Institute urges the legislature to preserve powerful incentives for rehabilitation while incarcerated and retain judicial discretion to ensure sentences reflect the unique circumstances of each case. SB 2128 represents a regressive step in criminal justice policy that prioritizes punishment over rehabilitation at a steep cost to taxpayers and North Dakota’s overburdened prisons. Due Process Institute, FAMM, Justice Action Network, and R Street urge members of the committee to reject this bill and instead support initiatives that promote fairness, rehabilitation, and public safety.
We Urge The Senate to Confirm Commissioners to the Sentencing Commission
September 10, 2024–Due Process Institute, the Federal Public and Community Defenders, and a coalition of civil rights organizations urged members of the U.S. Senate to quickly confirm commissioners to the U.S. Sentencing Commission. Time is of the essence because, absent action by the Senate, the terms of two voting members expire on October 31, 2024.
The Commission plays a critical role in the federal criminal legal system. It promulgates the advisory U.S. Sentencing Guidelines, which are the starting point and anchor for every criminal sentence handed down by a federal district judge and which exert enormous influence on the amount of time the approximately 60,000-to-70,000 people convicted of federal crimes each year must spend behind bars. It promulgates policy statements, which, among other things, are critical to ensuring full and appropriate implementation of the First Step Act. And it sets the agenda for research into the pattern and practice of federal sentencing, providing real-time data to Congress about necessary guidelines reforms and the impact of federal sentencing on rehabilitation, recidivism, and public safety. The Commission’s work is particularly critical to the fair and equitable administration of the federal criminal legal system in light of the high rate of cases resolved by plea in the federal system.
The Commission’s ability to do its job will be severely compromised if it loses two voting members in October. The sheer volume of work confronting the Commission right now means that it needs all-hands-on-deck to fulfill its responsibilities to the judiciary, to Congress, and to the people—overwhelmingly people of color—who face loss of liberty in federal courts each year.
Due Process Institute and Right On Crime Submit Recommendations to the US Sentencing Commission
July 15, 2024–Due Process Institute and Right on Crime submitted recommendations to the U.S. Sentencing Commission for the 2025 amendment cycle. We applaud the Commission for the transparent and communicative process which is essential for good governance and trust. The letter to the U.S. Sentencing Commission included the following recommendations:
The recommendations also encouraged the Commission to remove language on “intended loss,” clarify the meaning of “sophisticated means” and “position of trust,” and consider punishment of criminal defendants who testify by barring prosecutors from tacking on an obstruction of justice enhancement.
“This amendments process encourages a comprehensive dialogue on meaningful and data-driven improvements to the criminal justice system,” said Brett Tolman, Right On Crime Executive Director and former U.S. Attorney. “Right On Crime commends the Commission for its continued efforts to remove ambiguities, consolidate redundant laws, and help prevent prosecutorial abuse.”
“The recommendations we are putting forth aim to address multiple longstanding inconsistencies with drug penalties, the unconstitutional practice of acquitted and relevant conduct sentencing, and the overly broad application of numerous sentencing enhancements,” said Shana-Tara O’Toole, Due Process Institute Founder and President. “We look forward to continuing our work with the Commission to address these vital issues.”
DPI Celebrates Recommendation for New Marijuana Scheduling, Calls for Additional Reforms
May 2, 2024–Statement by Shana-Tara O’Toole, Founder and President of Due Process Institute, on the Drug Enforcement Administration’s recommendation to reclassify marijuana as a Schedule 3 drug:
“Yesterday, the Drug Enforcement Administration recommended a reclassification of marijuana from a Schedule 1 to a Schedule 3 drug. Effectively, this would recognize marijuana as a far less dangerous substance and no longer categorize it alongside drugs like heroin. We acknowledge and celebrate the significance of this recommendation as part of the de-escalation of the ‘war on drugs.’ However, this reform still falls short in addressing some of the most harmful consequences of the United States’ misguided drug policy, has limited impact on federal marijuana arrests, and does not provide relief for people currently serving unnecessarily long sentences for marijuana possession.
We recommend the Biden administration continue this momentum for drug reform by supporting legislation that improves second chance opportunities for people with nonviolent marijuana offenses like the Clean Slate Act, pushing for the full descheduling of marijuana and its removal from the Controlled Substances Act, and continuing the use of the President’s pardon power to rectify unjust marijuana sentences.”
We Endorse the Bipartisan EQUAL Act to End Unjust Federal Sentencing Policy
March 7, 2023–Due Process Institute supported the recent re-introduction of bipartisan bills in both the House and Senate that would finally end the sentencing disparity between crack and powdered cocaine, one of the most unjust aspects of federal sentencing law. Re-introduced by Sens. Cory Booker (D-NJ), Dick Durbin (D-IL), Lindsey Graham (R-SC), Thomas Tillis (R-NC), Christopher Coons (D-DE), Cynthia Lummis (R-WY), Sheldon Whitehouse (D-RI), and Rand Paul (R-KY) and Reps. Hakeem Jeffries (D-NY), Kelly Armstrong (R-ND), Bobby Scott (D-VA), and Don Bacon (R-NE), the Eliminating a Quantifiably Unjust Application of the Law (EQUAL) Act, S. 524 and H.R. 1062, would equalize the treatment in sentencing between crack cocaine and powdered cocaine, reducing the ratio from 18:1 to 1:1—finally, equal treatment under the law. Importantly, the EQUAL Act would make these changes retroactive upon a motion from the defendant, the Bureau of Prisons, or a prosecutor so that justice may be served to all who are still impacted.
There is overwhelming evidence that the disproportionately higher penalties for crack cocaine have had a racially disparate outcome. According to the U.S. Sentencing Commission, 77.6 percent of individuals sentenced for crack cocaine offenses in FY 2021 were Black while another 15.2 percent were Hispanic and 87.5 percent of the people in federal prison for drug trafficking offenses involving crack cocaine were Black. To further highlight the law’s racially disparate outcomes, 91.4 percent of those who received sentencing reductions as a result of the First Step Act’s retroactivity provision were Black. Despite these disproportionate outcomes in incarceration, a 2006 study published by the American Civil Liberties Union showed that Whites are actually more likely to use crack cocaine. As the Center for Behavioral Health Statistics and Quality reported in the National Survey on Drug Use and Health, nearly 80 percent of respondents who reported usage of crack cocaine in their lifetime were White.
The EQUAL Act received significant bipartisan support last Congress. The House version of the bill passed by a vote of 361-66 in September 2021. The Senate version had over 35 cosponsors, including 23 Democrats and 11 Republicans, but did not receive a committee or floor vote. The EQUAL Act has been widely endorsed by local and national law enforcement groups as well as civil and human rights organizations across the political spectrum. Congress must address indisputable racial disparities in federal sentencing. It is vital that Republicans and Democrats work together to remedy this longstanding injustice and send the EQUAL Act to President Biden’s desk this year.
We Urge Senate Judiciary to Markup the EQUAL Act
January 26, 2023–Due Process Institute and other criminal justice reform organizations urged Senate Judiciary Chair Dick Durbin and Ranking Member Lindsey Graham to schedule a mark-up for the EQUAL Act as soon as it is reintroduced. Moving the bill early this year will help prevent the same disappointing fate the bill suffered last Congress.
The arguments for passing the EQUAL Act remain clear. There is no scientific justification for the sentencing disparity between crack and powder cocaine-related offenses. Crack and powder are simply two forms of the same drug. Punishing crack offenses more harshly does nothing to enhance public safety. It does, however, contribute greatly to racial disparities in the federal prison population. Approximately 90 percent of people incarcerated for crack offenses are Black. In Fiscal Year 2020, nearly 77 percent of people sentenced for crack cocaine offenses were Black. The EQUAL Act would bring the federal justice system more in line with the vast majority of states that do not punish crack and powder cocaine differently.
Last Congress, the EQUAL Act was one of only a few pieces of legislation to enjoy clear bipartisan support. The House of Representatives passed the bill in September 2021 with an overwhelmingly bipartisan vote of 361-66. The Senate version of the bill enjoyed the support of more than 60 senators, but never received a vote in committee or on the floor. To ensure this strong bipartisan bill reaches President Biden’s desk, it is vital to begin work on this urgent piece of legislation immediately.
We Urge House Members to Clarify Retroactivity of Crack Cocaine Sentencing Reforms
September 20, 2022–Due Process Institute urges the House Judiciary Committee to support the Terry Technical Correction Act (H.R. 5455), a bill with broad bipartisan support and introduced by Reps. Sheila Jackson Lee (D-TX), Jerrold Nadler (D-NY), David Cicilline (D-RI), Burgess Owens (R-UT), and Thomas Massie (R-KY).
Both the Fair Sentencing Act and the First Step Act were incredibly important pieces of bipartisan sentencing reform legislation that made important changes to reduce a glaring inequity in federal drug sentencing. In light of the Supreme Court’s holding in Terry v. United States (2021). However, Congress must act to ensure that justice is being equally
and consistently applied as it intended through these legislative enactments.
After Congress enacted the First Step Act, Tarahrick Terry sought resentencing, but the federal courts hearing his case determined that only those convicted of the more serious crack cocaine offenses that triggered mandatory minimum prison sentences under § 841(b)(1)(A) or § 841(b)(1)(B) were eligible for a sentence reduction, not people like Terry who were convicted of a crack cocaine offense under subparagraph (C). In June 2021, the U.S. Supreme Court agreed with those courts based on a technical drafting issue, despite the fact that the bipartisan sponsors of the First Step Act urged them in an amicus brief to hold that the Act made retroactive relief broadly available to all individuals sentenced for crack cocaine offenses before the Fair Sentencing Act.
The Terry Technical Correction Act 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.
We Call for Senate Floor Vote on the EQUAL Act
April 28, 2022–Due Process Institute joined a coalition of leading law enforcement, faith-based, civil rights, conservative & progressive organizations to urge the Senate to bring the EQUAL Act to a floor vote. This legislation would finally and fully eliminate the sentencing disparity between crack cocaine and powder cocaine offenses at the federal level and would allow courts to consider applications for resentencing of past cases.
The current 18-to-1 disparity is not grounded in science; crack and powder cocaine are two forms of the same drug, and one is no more harmful than the other. Roughly 90 percent of individuals incarcerated for crack offenses at the federal level are Black evidencing one of the worst racial injustices in federal law. The impact of this disparity is pervasive and offers no benefit to public safety. For these reasons, the EQUAL Act enjoys broad bipartisan support in both the House and Senate, as well as unprecedented endorsements from national and local law enforcement, conservative groups, faith leaders, and civil rights organizations.
The EQUAL Act corrects misguided policy from 35 years ago and would continue the important bipartisan progress Congress has made to create a fairer and more effective federal justice system. We urge the advancement of the EQUAL Act to the Senate floor as soon as possible, as the Senate considers bipartisan criminal justice reforms.
We Demand Congressional Action for Fairer and More Effective Federal Sentencing and Detention
September 24, 2021–Due Process Institute urged Majority Leader Schumer and Minority Leader McConnell to schedule the consideration of three bipartisan bills, which have passed out of committee, that will improve the fairness and efficiency of federal sentencing and detention policies: the First Step Implementation Act of 2021 (S. 1014), the COVID–19 Safer Detention Act of 2021 (S. 312), and the Prohibiting Punishment of Acquitted Conduct Act of 2021 (S. 601).
The First Step Implementation Act builds on the success of the First Step Act by making modest changes to federal sentencing laws, such as broadening judicial discretion to potentially sentence people below otherwise applicable mandatory minimums; retroactively applying certain sentencing reforms in the First Step Act to people who were sentenced before it was passed; and allowing judges to possibly reduce sentences for some people convicted of crimes they committed as minors.
The COVID–19 Safer Detention Act makes improvements to the compassionate release and home confinement release programs, including providing judicial review of the Bureau of Prisons’ determinations of eligibility for release on elderly home confinement; giving people “good time” credit towards their eligibility for the Elderly Home Detention Pilot Program (as was intended in the First Step Act); and clarifying eligibility for relief under certain other First Step Act reforms to compassionate release and elderly home confinement.
The Prohibiting Punishment of Acquitted Conduct Act makes federal sentencing fairer and vindicates the right to a jury trial by limiting the use of acquitted conduct (charges for which a defendant was found “not guilty” by a jury) to increase a defendant’s sentence on a separate unrelated offense.
For people awaiting sentencing now, delaying passage of the First Step Implementation Act or the Prohibiting Punishment of Acquitted Conduct Act could lead to their being sentenced under current law thereby unnecessarily receiving a much longer term of imprisonment as a result. Americans are being left to languish in federal prison long past the point of any arguable penological benefit, and they cannot be helped by outside actors; only the federal government can release them. The sooner Congress passes these bills, the sooner the other branches can begin to execute these reforms.
DPI Leads Coalition Calling for Federal Sentencing Reform to #EndTheDisparity
September 16, 2021–Due Process Institute led a coalition of organizations from across the political spectrum urging House Leaders Hoyer and McCarthy to support the EQUAL Act. This legislation would end the federal prison sentence disparity between crack cocaine and powdered cocaine offenses—that is not grounded in evidence and contributes to overincarceration, particularly within communities of color. The EQUAL Act was already passed by the House Judiciary Committee in a strong, bipartisan vote of 36-5, with Chairman Jerrold Nadler (D-NY) and Ranking Member Jim Jordan (R-OH) voting in support of the legislation. Now is the time for Congress to end the unwarranted disparity between crack and powder cocaine by passing the legislation on the House floor.
In 1986, Congress created a 100-to-1 sentencing disparity between the treatment of crack cocaine offenses and powdered cocaine offenses—despite the fact that these substances are two forms of the same drug, and one is no more harmful than the other. As a result of that law, five grams of crack cocaine carried the same mandatory minimum prison sentence as 500 grams of powdered cocaine. This unjust disparity, which has failed to keep communities safe, has, in turn, created obvious and harmful racial disparities. According to United States Sentencing Commission data, 83.0 percent of those who were sentenced for federal crack cocaine offenses were Black in FY2010. Four years after enactment of the disparity, the average federal drug sentence for Black defendants was 49 percent higher than the average for White defendants.
By passing the EQUAL Act and reducing overincarceration in federal prisons, Congress would also free up resources better directed to violence reduction strategies, support for crime survivors, and other proven public safety interventions for underserved communities. Importantly, the bill also makes this relief potentially retroactive following individualized case review by federal courts in order to ensure the law has the ameliorative effect Congress intends. This critical bicameral bill corrects misguided policymaking from 35 years ago and would continue the important bipartisan progress Congress is making on creating more effective, more efficient, and more fair federal sentencing laws. We urge Members to support the EQUAL Act and #EndTheDisparity when it comes to the House floor for consideration.
We Call for Support to #EndTheDisparity in Federal Drug Sentencing Laws
July 21, 2021–Due Process Institute led a bipartisan coalition urging the House Judiciary Committee to support the Eliminating a Quantifiably Unjust Application of the Law (EQUAL) Act. The EQUAL Act (H.R. 1693) would finally and fully eliminate the sentencing disparity between crack and powder cocaine mandatory minimum sentences at the federal level. Furthermore, the change would be made retroactive to allow those currently serving excessive sentences to petition a court for resentencing. This legislation offers a commonsense solution to a problem derived from a decades-long policy unsubstantiated by science.
As the 50th anniversary of the declaration on the War on Drugs has come and past, we must re-commit ourselves to achieving a smarter, fairer criminal justice system. National law enforcement organizations, high-ranking policing executives, and prominent conservative groups support the EQUAL Act because this type of drug abuse is a public health problem and not solely a law enforcement matter.
Finally, we are pleased to see the Committee consider this critical bill to make our federal sentencing laws more just. We hope that Chairman Nadler, Ranking Member Jordan, and all Members of Congress will reach across the aisle to support this legislation that will change lives.
We Urge Congress to End Disparities in Federal Drug Sentencing Laws
April 12, 2021–Due Process Institute led a diverse, bipartisan coalition calling for Congress to pass the Eliminating a Quantifiably Unjust Application of the Law (EQUAL) Act. The Equal Act (S. 79, H.R. 1693) would end the federal prison sentence disparity between crack cocaine and powdered cocaine offenses, equalizing the treatment between the two in sentencing and reducing the ratio from 18:1 to 1:1. The bill would also importantly make this relief retroactive following individualized case review by federal courts in order to ensure the law has the intended restorative effects.
Furthermore, the EQUAL Act partially addresses the unjust punishments of the past and frees up resources for Congress to direct at violence reduction strategies, support for crime survivors, and other proven public safety interventions for underserved communities. We urge Chairman Durbin, Ranking Member Grassley, Chairman Nadler, Ranking Member Jordan, and the members of the respective committees to take swift action in supporting and passing this legislation.
We Endorse Bipartisan Federal Legislation to Lessen Mandatory Minimum Sentences
March 26, 2021–Due Process Institute supported today’s introduction of bipartisan legislation that would modernize federal drug sentencing policies by lowering certain mandatory drug sentences. Sen. Dick Durbin (D-IL) and Sen. Mike Lee (R-UT) introduced The Smarter Sentencing Act, which gives federal judges the authority to conduct individualized reviews to determine the appropriate sentences for certain nonviolent drug offenses.
We Endorse Bipartisan Federal Sentencing + Juvenile Justice Reforms
March 26, 2021–Due Process Institute supported today’s introduction of an important bipartisan bill to reform sentencing laws and provide other much needed reforms to our criminal legal system. Sponsored by Sen. Dick Durbin (D-IL) and Sen. Chuck Grassley (R-IA), the First Step Implementation Act aims to further implement the First Step Act and advance its goals. The law will allow courts to apply all of the First Step Act 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.
We Endorse Bill to #EndTheDisparity in Federal Drug Laws
March 11, 2021–Due Process Institute supported today’s introduction of bipartisan bills in both the House and Senate that would finally end the sentencing disparity between crack and powder cocaine. Introduced by Senators Cory Booker (D-NJ) and Dick Durbin (D-IL) and Reps. Hakeem Jeffries (D-NY), Bobby Scott (D-VA), Kelly Armstrong (R-ND), and Don Bacon (R-NE), the Eliminating a Quantifiably Unjust Application of the Law (EQUAL) Act, S. 79 and H.R. 1693, would equalize the treatment in sentencing between crack cocaine and powdered cocaine, reducing the ratio from 18:1 to 1:1. Importantly, the bipartisan EQUAL Act would make these changes retroactive upon a motion from the defendant, the Bureau of Prisons, or a federal prosecutor.
The disparity in sentencing between crack cocaine and powdered cocaine is currently one of the most unjust aspects of federal sentencing laws. Congress passed the Anti-Drug Abuse Act of 1986 to escalate the war on drugs by creating mandatory minimum sentences for drug offenses, including substantially harsher penalties for crack cocaine. The evidence that harsher penalties for crack cocaine have had a racially disparate outcome is overwhelming. According to the U.S. Sentencing Commission, 81.1 percent of individuals sentenced for crack cocaine in FY 2019 were Black while another 12.6 percent were Hispanic. Highlighting the racially disparate outcome again, 91.4 percent of individuals who received sentencing reductions as a result of the First Step Act’s retroactivity provision were Black. Although the data show a disproportionate incarceration outcome, a 2006 study published by the American Civil Liberties Union showed that Whites are actually more likely to use crack cocaine. Also, as the Center for Behavioral Health Statistics and Quality reported in the National Survey on Drug Use and Health, nearly 80 percent of respondents who reported usage of crack cocaine in their lifetime were White. The devastating racial disparities in federal sentencing can no longer be ignored by Congress. It is important that Republicans and Democrats work together to correct them in the name of justice.
We Urge NJ Governor to Sign Bill to End Mandatory Minimum Sentences
March 4, 2021–Due Process Institute joins FAMM and other national criminal justice organizations urging Gov. Phil Murphy to sign a bill that would eliminate certain of the state’s existing mandatory minimum sentences that has already been passed by the New Jersey legislature.
We Urge Support of Criminal Justice Reform in Kentucky
February 3, 2021–Due Process Institute joined a bipartisan coalition urging Members of Kentucky’s House Judiciary Committee to support a bill that would increase the felony theft threshold to $1,000, better aligning it with neighboring states and accounting for inflation. Studies have shown that increased theft thresholds do not have a corresponding impact on larceny crime in states, and some states that have increased their felony theft thresholds have also seen reductions in property crimes. Low felony theft thresholds, like Kentucky’s, do not deter property crime—instead, the outdated theft threshold contributes to overcrowding in correctional facilities and burdens Kentuckians with the consequence of a felony record for decades. UPDATE: This bill passed the House.
DPI Joins Bipartisan Allies to Urge First Step Act Funding
September 10, 2019–“Research indicates that approximately 97% of people incarcerated within the BOP will one day return home to the community. It is important that time spent while incarcerated is rehabilitative and prepares people for successful reentry. Congress made a firm commitment to criminal justice reform when it passed the First Step Act — it is time for Congress to reaffirm this commitment by fulling funding its implementation.”
DPI Staff Quoted in Marshall Project on First Step Act
June 18, 2019–“Both liberals and conservatives harbored concerns about the First Step Act’s impact on non-citizens, but from different perspectives, said Joseph Luppino-Esposito, director of the Rule of Law Initiatives for the bipartisan Due Process Institute, who had lobbied Republicans in support of the act. Liberals were worried the law would be too harsh, while conservatives worried non-citizens with drug convictions would be set free. But changing policies toward non-citizens proved too loaded an issue to tackle in this bill, he said. “’These people did go through the (criminal justice) process, and this is sort of the accepted process,’ he said. ‘Whether or not you agree with the status quo is another issue.’”
DPI Staff Quoted in Washington Examiner on First Step Act Implementation
May 17, 2019–“Joe Luppino-Esposito, Director of Rule of Law Initiatives at Due Process Institute, said the size of the wave is important to keep in context. ‘There are 3,000 to 4,000 inmates released every month as their sentences end,’ he said.
“Still, Luppino-Esposito said that ‘it will be important for advocates around the country to step up and help these people return to society and lead productive, crime-free lives.’ “Matthew Charles, a guest of Trump’s at the State of the Union, had trouble finding housing after his release under the First Step Act, Luppino-Esposito noted.”
President Trump Signs the First Step Act
December 21, 2018–Following overwhelming votes of support in the Senate (87-12) and the House (358-36), President Trump signed The First Step Act into law on December 21, 2018. Due Process Institute has been a leader in the lobbying and education regarding this historic piece of criminal justice reform legislation. “This is a remarkable culmination of years of effort by reformers to get Congress to recognize the need for change,” said Director of Rule of Law Initiatives Joe Luppino-Esposito. “The First Step Act will go a long way towards improving public safety and making the federal prison system a place for actual ‘corrections’, rehabilitation, and redemption. This is the type of reform that stresses justice and effectiveness above all else. I look forward to seeing more bipartisan support for reform in the near future as we think about what our next steps ought to be.”
DPI Recognized by Congress for Leading Role in Passing First Step Act
December 18, 2018–Former Chairman of the Senate Judiciary Committee Chuck Grassley addressed the Senate in December to recognize the imminent passage of the First Step Act, the most significant criminal justice reform legislation passed in a decade. Due Process Institute was among the core organizations responsible for the bill’s ultimate success. Senator Grassley explained:
“A diverse group and a broad coalition of other groups, from the ACLU to the American Conservative Union, supported this bill. I can’t list all the groups that offered their key support, but they include FreedomWorks, Justice Action Network, Americans for Tax Reform, Heritage Action, the Due Process Institute, Faith & Freedom Coalition, R Street, Right on Crime, Texas Public Policy Foundation, Prison Fellowship, and members of the Interfaith Criminal Justice Coalition.”
Due Process Institute is proud to be recognized for our efforts, and prouder still that we were part of such an impactful, bipartisan piece of legislation.
Due Process Institute Urges Senate Vote on First Step Act
December 11, 2018–Due Process Institute is heartened by the news that the US Senate will take up the First Step Act and consider it on the floor as early as this week. The First Step Act is supported by Due Process Institute and dozens of organizations from both sides of aisle because it recalibrates the federal criminal justice system to focus on rehabilitation and redemption, rather than punishment for its own sake. The bill would also change some particularly long sentences.
DPI Joins Advocates in Responding to NAAUSA on First Step Act
November 21, 2018–Due Process Institute has helped Senate leaders of both parties understand why they should reject the opposition of the National Association of United States Attorneys to the First Step Act.
DPI Staff Quoted in Washington Post + Washington Examiner on First Step Act
November 14, 2018–Director of Rule of Law Initiatives Joe Luppino-Esposito was quoted by multiple reporters on the continued movement of the First Step Act, as the new version of the bill was introduced in the US Senate. “The genius of this bill is that it re-focuses on the primary purpose of prison: rehabilitating and correcting criminal behavior,” said Luppino-Esposito.
Due Process Institute Helps Stop New Mandatory Minimum Sentences
May 24, 2018–The U.S. Senate considered taking up amendments to current law regarding the quantity of drugs required to trigger mandatory minimum sentences and also considered increasing the length of those sentences. Due Process Institute joined an effort that successfully convinced the Senate to refrain from pursuing this unhelpful legislation.
Prison Reform Bill Passes House with DPI’s Support
May 22, 2018–Our organization’s top priority H.R. 5682, the FIRST STEP Act, passed the House 360-59–a resounding vote for reform. The bill now heads to the Senate for consideration.