Being arrested for a crime does not necessarily mean you will be convicted. Often we can help you get charges reduced or dismissed, and avoid jail and a criminal record.
California Criminal Defense
Being arrested for a crime does not necessarily mean you will be convicted. Often we can help you get charges reduced or dismissed, and avoid jail and a criminal record.
California DUI
DUI arrests don't always lead to convictions in court. Police officer mistakes, faulty breathalyzers and crime lab errors may get your charges reduced or dismissed. Visit our California DUI page to learn more.
Lawsuits for Dangerous Drugs & Medical Devices
Shouse Law Group represents victims throughout the U.S. who suffered serious complications and injuries from dangerous drugs and failed medical devices.
California Personal Injury
If you've been injured in an accident, our personal injury lawyers will fight to get you compensation for medical bills, lost wages, pain and suffering, and even punitive damages.
24/7 Help:
(866) 361-0010
Please note: Our firm only handles criminal and DUI cases, and only in California. We do not handle any of the following cases:
And we do not handle any cases outside of California.
Call Us NowPosted on
A CDCR Form 115 discipline report is the form that the California Department of Corrections and Rehabilitation uses to document rule violations in prison. Form 115 is used for administrative violations. Form 115A is used for serious rule violations. These actions trigger a hearing to determine if rule violations occurred. If it is determined that the inmate did in fact commit a violation, then disciplinary action can be imposed.
When an inmate in a state prison run by the California Department of Corrections and Rehabilitation (CDCR) is accused of violating one of the disciplinary rules of the prison by a prison official or guard, he or she will receive a Rules Violation Report. These are commonly known as a “Form 115” or just a “115.”
There are 2 types of rules violations in the CDCR:
Inmates being accused of a violation generally have to be presented with a written 115 or 115A within 15 days of the alleged violation.2 This Rules Violation Report has to include the following information:
A hearing will be scheduled to determine whether a violation actually occurred. This generally has to occur within 30 days of the inmate receiving the 115 Form.4 Inmates accused of serious violations have the right to a pre-hearing investigation.5
The inmate has the right to be present at the hearing unless he or she:
The inmate also has a right to a staff assistant to help in their defense, including at the hearing, if the inmate:
If the disciplinary hearing finds that there was no violation or the accusation is dismissed, the case is sealed from public view.8
If the hearing finds that there was a violation, the documents from the case are added to the inmate’s central file.9 The inmate will face sanctions for the violation.
An administrative violation is a relatively minor rule violation in a CDCR prison. Administrative violations are rule infractions that do not involve:
A serious rule violation is a more serious infraction in a CDCR prison. It includes any act or attempt to commit a violation that would not be an administrative violation. Serious rule violations include:
If it involved criminal conduct, serious rule violations will also be referred to the local district attorney’s office for prosecution.12 If the violation is referred for prosecution, then the inmate has a right to be notified.13
Unlike for administrative violations, inmates being accused of a serious violation also have a right to call witnesses at the hearing14 and to an investigative employee to investigate their case if:
The penalties for a rule violation generally come in the form of a loss of credits for good conduct. These can forfeit up to 360 days of good conduct credits for the most serious violations, like murder, manslaughter, or rape.16 This can drastically alter an inmate’s release date.
However, the penalties for disciplinary violations can also include:
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.