In Re Johnson

The internal disciplinary system for inmates of California’s Department of Corrections and Rehabilitation (Department) is one designed to maintain order and security within California’s expansive penal system. Petitioner, who is serving a 15-year-to-life sentence for murder, was issued two “CDC 115’s” for prisoner misconduct, neither of which resulted in the loss of custody credits. Petitioner argues that any prison discipline, which has the potential to impact negatively a parole decision, implicates due process.

We conclude that the Department’s issuance of a CDC 115 itself does not invoke the right to due process and review by the courts. To the contrary, we continue to follow long-standing legal precedent, which does not allow the courts to review prison disciplinary decisions not resulting in the loss of custody credits, including those that merely impact certain day-to-day activities of prison life.

PROCEDURAL HISTORY

Petitioner Demian Johnson is a prisoner currently serving a 15-year-to-life sentence in the custody of the Department. Johnson is challenging two of the Department’s prison disciplinary decisions, which he contends have impacted his ability to…