What is a CDCR form 115 discipline report?

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.

How do CDCR discipline reports work?

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:

1. administrative violations, which use Form 115, and
2. serious violations, which use Form 115A.¹

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:

• the inmate’s:
  • name,
  • number,
  • release date,
  • facility, and
  • housing assignment.
• violation date,
• violation time,
• whether the violation was related to prison gang activity,
• circumstances of the misconduct,
• the reporting employee’s name and title,
• the Form 115 log number,
• the prison rule that was allegedly violated,
• the specific act,
• whether the charge will be referred for prosecution, and
• the name and title of the reviewing supervisor and the classifying official.³

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:

• has a serious mental disorder that makes them unable to understand or participate in the hearing, and there is a compelling reason to proceed with the hearing,
• was convicted of escape and has not been returned, or
• waived his or her right to be present.⁶

The inmate also has a right to a staff assistant to help in their defense, including at the hearing, if the inmate:

• is illiterate or does not speak English,
• the case is complex enough that the assistance is necessary to ensure that the inmate understands the charges and the disciplinary process, or
• the inmate has a disability that would otherwise make them unable to participate in the disciplinary process.⁷

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.

What is an administrative violation?

An administrative violation is a relatively minor rule violation in a CDCR prison. Administrative violations are rule infractions that do not involve:

• misconduct that would constitute a misdemeanor or a felony offense,
• using or threatening force or violence against someone else,
• breaching facility security,
• introducing, using, or possessing controlled substances or alcohol,
• possessing dangerous contraband, or
• continued failure to meet program expectations.¹⁰

What is a serious rule violation?

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:

• conduct that would be a misdemeanor or a felony, had it happened outside of prison,
• using force or threatening to use force on someone else,
• creating a serious disruption of prison operations,
• making preparations to escape prison,
• being under the influence of drugs or alcohol,
• refusing to participate in an assigned program, or
• possessing a cell phone.¹¹

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 case is complex,
• the housing status of the inmate being charged makes it unlikely that they will be able to collect evidence in their defense,
• it would be necessary for a fair hearing, or
• the behavior may be related to a prison gang.¹⁵

What are the potential penalties?

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:

• mandatory and random drug testing,
• suspension of privileges or placement in privilege group B or C,
• confinement to quarters for up to 10 days,
• loss of visitation rights,
• required alcohol counseling, and
• loss of canteen, appliance, mail, telephone, or personal property privileges.¹⁷

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