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DC-138B (Rev. 2/08), Statement by Witness, page 1
Moderate · 46/100Form Complexity Index

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What this form asks for

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DC-138B (Statement by Witness) is an official witness statement form used in a correctional setting to document a first-hand, factual narrative of an incident, including who was involved, what was observed, and where and when it occurred. It also includes a section for the accused inmate to request written statements, live witnesses, review of physical evidence, and staff assistance for a hearing. Accurate completion is important because the statement may be used as evidence in disciplinary proceedings and must be affirmed as true based on personal observation. Today, this form can be filled out quickly and accurately using AI-powered services like Instafill.ai, which can also convert non-fillable PDF versions into interactive fillable forms.
Fillable fields41
Pages1
Sections10
Form Complexity IndexModerate, 46/100

The AI checks your answers before you download

16 checks built for this form, so a wrong date or a missing answer is caught before anyone else sees it.

Ensures exactly one Witness Type is selected (Staff/Inmate/Other)

Validate that one and only one of the witness type checkboxes (Staff, Inmate, Other) is selected. This prevents ambiguity about which identification rules apply (e.g., staff ID vs. NCDOC ID). If none or multiple are selected, the submission should be rejected and the user prompted to choose a single witness type.

Requires Witness Name and enforces full-name format

Check that the Witness Name field is present and contains a plausible full name (e.g., at least two alphabetic tokens, not just initials or a single character). This is important for traceability and for matching the witness to institutional records. If the name is missing or clearly invalid, the form should fail validation and require correction.

Validates NCDOC ID is provided and correctly formatted when Witness Type = Inmate

When the Inmate witness type is selected, require the NCDOC (Inmate Only) ID field and validate it matches the expected numeric/length pattern used by the organization (e.g., digits only, within an allowed length range). This ensures the witness can be uniquely identified and prevents misattribution. If the NCDOC ID is missing or malformed, block submission and request a corrected ID.

Prevents NCDOC ID entry when Witness Type is not Inmate

If Staff or Other is selected, the NCDOC ID field should be blank (or ignored) to avoid mixing identifiers and creating record conflicts. This reduces downstream matching errors and prevents accidental disclosure of inmate identifiers. If a non-inmate witness includes an NCDOC ID, flag the submission for correction.

Requires Staff Position/Title and Staff ID when Witness Type = Staff

When Staff is selected, require the Position/Title of Witness field and validate that it includes both a job title and a staff ID (e.g., contains an ID token that matches an expected pattern such as alphanumeric or numeric of a defined length). This is important for accountability and for verifying the witness’s employment status. If missing or the staff ID portion is not detectable/valid, the form should fail validation.

Ensures Staff Position/Title is blank when Witness Type is not Staff

If the witness is Inmate or Other, the Staff-only Position/Title (with Staff ID) should not be populated to prevent incorrect classification and data contamination. This also avoids mistakenly treating a non-staff witness as staff in downstream workflows. If populated while not Staff, return a validation error instructing the user to clear the field or change witness type.

And 10 more checks
  • Validates 'Other' witness type includes clarifying identification in Name field
  • Requires Accused Inmate Name(s) and OPUS Number(s) with correct pairing
  • Validates OPUS Number format and uniqueness within the accused list
  • Requires Name of Person Obtaining Statement and validates plausible identity format
  • Validates Statement Date format and allowable range
  • Validates Statement Time format and normalizes to a standard
  • Requires Statement Body and enforces minimum narrative completeness
  • Validates Witness Signature presence and signature timestamp completeness
  • Checks chronological consistency between Statement timestamp and Signature timestamp
  • Validates Accused Inmate request sections: mutually exclusive Yes/No and dependent fields

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How to Fill Out DC-138B Online for Free in 2026

What the AI walks you through.

  1. Go to Instafill.ai and upload the DC-138B form (or select it from the form library) to start an AI-guided fill session.
  2. Choose the witness type (Staff, Inmate, or Other) and enter the witness name; if the witness is an inmate, provide the NCDOC ID, and if staff, add position/title and staff ID.
  3. Enter the accused inmate name(s) and OPUS number(s), plus the name of the person obtaining the statement, and the statement date and time.
  4. Use the AI prompt to draft or refine the Statement Body into a clear factual account (what was observed, where/when it occurred, who was involved, other witnesses, and relevant factual context).
  5. If completing the accused-inmate-only section, select Yes/No for written statements, live witnesses, physical evidence review, and staff assistance, and list requested names and counts where applicable; add inmate initials if required.
  6. Review the completed form for accuracy and completeness, then add the witness signature and the signature date/time using Instafill.ai’s signing/typing tools.
  7. Download the finalized PDF (and any continuation sheet if needed) and submit it according to facility procedures or share it securely with the appropriate staff.

Common Mistakes in Completing DC-138B

The ones the AI is built to catch.

Checking the wrong witness type (Staff/Inmate/Other)
People often check the wrong box or leave all witness-type boxes blank, especially when the witness is not clearly “staff” (e.g., contractors, volunteers). This can cause the form to be treated as incomplete or misrouted, and it may delay the disciplinary process. Always select exactly one witness type and confirm it matches the witness’s status at the facility; if the form is being completed digitally, AI tools like Instafill.ai can flag missing or conflicting selections before submission.
Filling inmate-only fields for staff/other (or forgetting NCDOC for inmate witnesses)
A common error is entering an NCDOC number for a staff witness, or leaving the NCDOC field blank when the witness is an inmate. This happens because the NCDOC field is visually close to the Name field and people assume it is required for everyone. The consequence is identification ambiguity and potential rejection for missing required inmate identification. Avoid this by completing NCDOC only when “Inmate” is checked; Instafill.ai can enforce conditional logic so inmate-only fields are required only when applicable.
Omitting Staff ID in the witness position/title field
Staff witnesses frequently write only a job title (e.g., “Officer”) and forget the required staff ID, or they put the ID in the wrong place. This can make it difficult to verify the witness and may require follow-up, delaying the hearing packet. If “Staff” is selected, include both position/title and staff ID in the Position/Title field exactly as requested. AI-powered form filling tools like Instafill.ai can prompt for the staff ID when “Staff” is selected and format it consistently.
Incomplete accused inmate identification (missing OPUS numbers or mixing multiple inmates)
People often list only the accused inmate’s name without the OPUS number, or they list multiple accused inmates but fail to pair each name with the correct OPUS number. This happens when the writer assumes the name alone is sufficient or doesn’t have the OPUS number available at the time. The result can be misidentification, incorrect case association, or administrative delays. Always provide full name plus OPUS number for each accused inmate, and keep each inmate’s details clearly separated; Instafill.ai can validate expected number formats and reduce mismatches.
Leaving “Name of person obtaining statement” blank or using a nickname
The person collecting the statement is sometimes not recorded, or a partial name/nickname is used (e.g., “Sgt. J”). This typically happens when the focus is on the narrative and the administrative fields are treated as optional. Missing or unclear collector identification can undermine chain-of-custody and create questions about authenticity. Use the full legal name and include title or staff ID if applicable; Instafill.ai can standardize names and ensure required administrative fields are completed.
Date/time errors and inconsistencies (statement vs. signature)
Writers frequently omit the time, use inconsistent formats (e.g., 2/3/24 vs. 03-02-2024), or enter a signature date/time that doesn’t match the statement date/time. This happens because the form asks for date/time in multiple places and people rush or assume one timestamp covers all. Inconsistencies can trigger credibility concerns or require corrections and re-signing. Use a consistent facility-accepted format (often MM/DD/YYYY and 24-hour time if required) and ensure the signature timestamp aligns with when the statement was affirmed; Instafill.ai can auto-format and cross-check timestamps.
Accused-inmate request section completed by the wrong person
The “FOR ACCUSED INMATE USE ONLY” section is sometimes filled out by the witness or staff member, or it’s left blank when the accused intended to make requests. This confusion happens because the section appears on the same page as the witness statement and may be completed in one sitting. The consequence is invalid or disputed requests for witnesses/evidence/assistance, potentially affecting hearing preparation. Ensure only the accused inmate completes that section and that the witness completes only the witness statement and signature areas; Instafill.ai can guide role-based completion and prevent edits to restricted sections.
Checking “Yes” for written/live witnesses but not listing names (or listing too few details)
A frequent mistake is selecting “Yes” for written statements or live witnesses but leaving the names blank, listing only first names, or using vague identifiers (e.g., “the nurse”). This happens when the accused assumes staff will know who they mean or plans to provide names later. Missing names can result in the request being unfulfilled or delayed because staff cannot identify the requested witnesses. If “Yes” is checked, list full names (and any identifying details available) and separate multiple names clearly; Instafill.ai can require the names field when “Yes” is selected and prompt for completeness.
Not initialing where required for staff assistance requests
When requesting staff assistance, the accused often checks “Yes” but forgets to add initials, or initials are placed in the wrong area. This happens because the initials line is easy to overlook and people assume the checkbox is sufficient. The consequence can be an unconfirmed request, leading to delays or denial of assistance due to incomplete documentation. If staff assistance is requested, add the accused inmate’s usual initials in the designated field; Instafill.ai can flag missing initials when the “Yes” option is selected.
Narrative is opinion-based or lacks required factual details (who/what/when/where)
Witnesses often write conclusions (“he was guilty,” “she started it”) instead of a factual account, or they omit key details like exact location, time, sequence of events, and other witnesses. This happens because people write from memory under stress and don’t realize the form explicitly requires observable facts. The consequence is a weaker statement that may be discounted or require follow-up interviews. Stick to what you personally observed, include where and when it occurred, who was involved, and names of other witnesses; Instafill.ai can provide structured prompts/checklists to ensure the narrative includes required elements.
Missing witness signature or signing without affirming personal observation
Some submissions include a completed narrative but no witness signature, or the witness signs even though the statement includes hearsay they did not personally observe. This happens when the signature block is at the end of a long page and is overlooked, or when the witness misunderstands the affirmation language. Missing signatures can invalidate the statement, and signing inaccurate content can create credibility and disciplinary issues. Always sign and date/time the statement after reviewing it for accuracy and ensuring it reflects personal observation; if the form is a flat non-fillable PDF, Instafill.ai can convert it into a fillable version and prevent submission until signature/date/time fields are completed.

Frequently Asked Questions About DC-138B

 

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How does the AI fill out DC-138B?
You answer a few questions in plain words, or upload a document you already have. The AI reads what you give it and puts each answer into the right field of DC-138B, on every page, in seconds. It checks the answers against the form's own rules, and you review and change anything before you download, print or sign.
What happens to my information?
It is encrypted in transit and at rest, and it is never used to train AI.
How complex is DC-138B to fill out?
DC-138B has a Form Complexity Index of 46 out of 100, in the moderate tier: 41 fillable fields across 1 page. Instafill.ai's AI fills it in under a minute, with every field there for you to review before you download.
What is Form DC-138B (Statement by Witness) used for?
DC-138B is used to record a factual witness statement about an incident, typically for an inmate disciplinary process or related investigation. It documents what the witness personally observed, including who, what, when, where, and any other relevant details.
Who should fill out this form—staff, inmates, or other people?
The person who witnessed the event completes the witness portion and checks whether they are Staff, Inmate, or Other. The “FOR ACCUSED INMATE USE ONLY” section is completed only by the accused inmate to request witnesses, evidence review, or staff assistance.
How do I choose between Staff, Inmate, and Other at the top of the form?
Check “Staff” if the witness is a staff member, “Inmate” if the witness is an inmate (and include the NCDOC number), or “Other” if the witness is neither staff nor an inmate. Only one category should be selected for the witness.
What is the NCDOC field and who fills it out?
NCDOC is the inmate identification number and is completed only when the witness is an inmate. If the witness is staff or “Other,” leave the NCDOC field blank.
What should staff put in “Position or Title of Witness (Staff Only—Include Staff ID)”?
Staff should enter their job title/position and include their staff ID number. If the witness is not staff, this field should be left blank.
How do I complete “Name and OPUS Number of Accused Inmate(s)” if there are multiple accused inmates?
List each accused inmate’s full name followed by their OPUS number. If there are multiple accused inmates, include each one on a separate line or clearly separated in the same field.
Who is the “Person Obtaining Statement,” and what should be entered there?
This is the person who collected or recorded the witness statement (often a staff member). Enter their full name and include a title or staff ID if applicable.
What should be included in the Statement Body to meet the form’s requirements?
Write a factual account based on personal observation: what was seen/heard, where and when it happened, who was involved, and names of any other witnesses. Avoid opinions or guesses unless clearly labeled as such and supported by observed facts.
What if I need more space than the form provides for the statement?
You may continue the statement on an attached sheet, as the form allows. Make sure the attachment is clearly labeled and referenced, and that the witness still signs and dates the statement.
What does the witness signature section mean, and when should it be signed?
By signing, the witness affirms the statement is based on personal observation and is true and accurate to the best of their knowledge. The witness should sign and enter the date and time after reviewing the completed statement.
What is the “FOR ACCUSED INMATE USE ONLY” section for?
It allows the accused inmate to request written statements, request live witnesses at the hearing, request physical evidence review, and request staff assistance. The accused inmate should check Yes/No boxes and list names where requested.
If the accused inmate requests written statements or live witnesses, what names should be listed?
List the full names of the people the accused wants statements from or wants present at the hearing. If multiple names are needed, separate them clearly (commas or new lines) and include as many as necessary, using an additional sheet if needed.
How long does processing take and where do I submit DC-138B?
Processing time and submission location depend on the facility’s disciplinary or investigative procedures. Typically, the completed form is returned to the staff member obtaining the statement or submitted per facility instructions; ask the hearing officer or designated staff for the correct deadline and drop-off method.
Can AI tools help fill out DC-138B accurately?
Yes—AI form-filling tools can help you enter names, IDs, dates/times, and organize the narrative so it matches the form fields. Services like Instafill.ai can auto-fill form fields accurately and save time, but you should still review for correctness before signing.
How do I fill this form online using Instafill.ai if I only have a PDF?
Upload the DC-138B PDF to Instafill.ai, then provide the witness details and incident information when prompted so the AI can map your answers into the correct fields. Review the completed form, make edits if needed, and then download/print for signature and submission according to facility rules.
What if my DC-138B PDF is not fillable (a flat/scanned PDF)?
If the PDF isn’t fillable, Instafill.ai can convert flat non-fillable PDFs into interactive fillable forms. After conversion, you can auto-fill the new fields and export a clean, typed version for printing and signature.
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