CDCR Form 844 is the California Department of Corrections and Rehabilitation’s general declaration form, used to put a sworn factual statement on the record under penalty of perjury. Incarcerated people, parolees, family members, and outside witnesses use it to supplement grievances, staff misconduct complaints, appeals, habeas petitions, and other proceedings when the main filing doesn’t have room for the full account. A declaration only carries weight if it’s completed and signed the way California law requires, so the details on the signature block matter as much as the story you tell in the body.
When You’d Use One
Form 844 is an attachment, not a standalone filing. You use it whenever another form or proceeding needs a sworn factual account that won’t fit in the space provided.
- Grievances and appeals. CDCR’s grievance process uses Form 602-1/1824 for initial grievances and Form 602-2 for appeals, governed by Title 15, sections 3480 through 3486 of the California Code of Regulations. Those forms have limited writing space; a Form 844 declaration lets you lay out the full factual account and attach it.1Cornell Law Institute. California Code of Regulations Title 15 3480 – Implementation Date and Definitions
- Staff misconduct complaints. A sworn declaration from a witness or the affected person strengthens a report filed with CDCR’s Office of Internal Affairs by capturing firsthand observations the reporting paperwork doesn’t accommodate.2California Department of Corrections and Rehabilitation. Report CDCR Employee Misconduct – Office of Internal Affairs
- Post-conviction and court filings. New factual assertions for a habeas petition, an administrative review, or a state or federal court filing can go into a Form 844 declaration that carries the same legal weight as a notarized affidavit.
Family members and outside witnesses use the same form. If you saw something relevant or have direct knowledge about an incarcerated person’s case, Form 844 is the standard way to get your statement into the official file.
How to Get the Form
If you’re inside a CDCR facility, blank copies are available in the institutional law library and through the grievance coordinator (formerly the appeals coordinator). If the library doesn’t stock them, submit a request to the coordinator’s office.
If you’re outside, the form is available on CDCR’s website. Go to the forms section at cdcr.ca.gov, search for Form 844, and print it for manual completion.
Filling Out the Declaration
Before you write anything, gather the identifiers: the full legal name and CDCR number of the incarcerated person, the institution where the events happened, and any grievance or case tracking numbers. Getting these right is what puts the declaration in the correct file.
The Header
Enter your full legal name, the date, and the institution or case reference at the top. If you’re a non-incarcerated witness, note your relationship to the case or the person involved so the reviewer understands why you have relevant knowledge.
The Body
Stick to what you personally saw, heard, or experienced.
- Write in the first person. “I saw Officer Smith enter the dayroom at approximately 2:15 p.m.” is stronger than “Officer Smith entered the dayroom.”
- Use chronological order. A timeline is easier to follow than a topic-by-topic account. Start with when and where the events began.
- Be specific about dates, times, and locations. “On March 12, 2026, in Building 3, Unit B” gives an investigator something to corroborate; “a few weeks ago in my unit” does not.
- Don’t speculate. If you didn’t see something directly, say so. “I heard shouting from the hallway but did not see what happened inside the cell” is honest and useful.
- Label hearsay. Repeating what someone else told you is fine as context, but mark it clearly. “Inmate Jones told me he saw the incident” is different from “I saw the incident.”
Keep sentences short. Reviewers process many documents, and dense paragraphs get skimmed rather than studied.
The Verification and Signature Block
This is what gives the declaration legal force, and it’s where most mistakes happen. California Code of Civil Procedure Section 2015.5 lets an unsworn written declaration carry the same weight as a notarized affidavit, but only if it contains specific language.3California Legislative Information. California Code of Civil Procedure 2015.5
If you sign the form inside California, the declaration line reads: “I certify (or declare) under penalty of perjury that the foregoing is true and correct,” followed by the date, the city and state where you signed, and your signature.3California Legislative Information. California Code of Civil Procedure 2015.5
If you sign outside California, the language must add a jurisdictional reference: “I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct,” followed by the date and your signature.3California Legislative Information. California Code of Civil Procedure 2015.5 Leaving out “under the laws of the State of California” when you sign out of state is one of the easiest ways to invalidate the whole document.
Signing isn’t a formality. Any knowingly false statement in the declaration qualifies as perjury under California Penal Code Section 118, a felony.4California Legislative Information. California Penal Code 118 – Perjury
Where to Submit It
Where the declaration goes depends on who you are and what stage the underlying matter is at.
If You’re Currently Incarcerated
Hand the completed form to your facility’s grievance coordinator during designated hours if it supports a grievance or appeal. The internal mail system is the standard channel for routing paperwork to administration. When you submit in person, ask for a date-stamped copy. That receipt is your proof you met any applicable deadline.
If the appeal has already moved past the institutional level, send the declaration to:
Office of Appeals
P.O. Box 942883
Sacramento, CA 958115California Department of Corrections and Rehabilitation. Office of Appeals
If You’re Not Incarcerated
Mail the declaration to the specific institution’s litigation coordinator or grievance office. Each CDCR facility has its own address, listed on the facility’s page at cdcr.ca.gov under the list of adult institutions.6California Department of Corrections and Rehabilitation. List of Adult Institutions Use certified mail with a return receipt so you have proof of delivery. Regular mail works, but if a deadline matters, the tracking record is worth the extra cost.
After You Submit
CDCR staff log the declaration into the relevant case file, whether that’s a 602-1/1824 grievance, a 602-2 appeal, or a misconduct investigation. The assigned reviewer or investigator considers the sworn statement as part of the record when reaching a decision. You typically won’t get a separate acknowledgment; the response to the underlying grievance or appeal is where you’ll see the outcome.
Using the Declaration in Court
A properly executed Form 844 isn’t limited to CDCR’s internal processes. Because it complies with CCP 2015.5, the declaration is admissible in California state courts the same way a notarized affidavit would be.7California Legislative Information. California Code CCP 2015.5 Incarcerated people frequently attach Form 844 declarations to habeas corpus petitions and to federal civil rights complaints under 42 U.S.C. ยง 1983.
In federal court, admissibility depends on the Federal Rules of Evidence. If the declarant testifies at trial, the declaration may come in as a prior consistent statement. If the declarant can’t recall the details well enough to testify fully, the declaration may qualify as a recorded recollection under Federal Rule of Evidence 803(5), provided it was written while the events were still fresh and it accurately reflects what the person knew at the time.8Office of the Law Revision Counsel. Federal Rules of Evidence Rule 803 – Exceptions to the Rule Against Hearsay That’s a practical reason to write the declaration as soon as possible after the events. A form filled out a year later from memory is harder to get admitted and less persuasive to a judge.
Mistakes That Get Declarations Rejected
Most problems with Form 844 are preventable. The ones that come up repeatedly:
- Wrong or missing perjury language. The declaration line must match the formula in CCP 2015.5. Paraphrasing (“I swear this is all true”) doesn’t count. Use the exact statutory wording.
- No date or location on the signature block. A declaration signed inside California needs both the date and the city and state. Leaving the location blank can make the form legally insufficient.
- Hearsay treated as firsthand knowledge. Reviewers dismiss declarations that blur the line between what you saw yourself and what someone else told you.
- Wrong grievance or case number. If your declaration can’t be matched to the file it supports, it sits unattached. Double-check every tracking number before signing.
- Sending it to the wrong address. A declaration meant for an institutional grievance shouldn’t go to the Sacramento Office of Appeals, and vice versa. Match the destination to the stage of the proceeding.
Keep a copy of every declaration you submit. Inside, that means asking for a date-stamped duplicate at the time of filing. Outside, photocopy the signed form before it goes in the envelope. If the original gets lost in transit or misplaced at the institution, your copy is the only proof the statement was ever made.