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California

City of Long Beach to Provide Tier Assignment Letters

After refusing to provide registrants with their tier assignment letters, the City of Long Beach has now agreed to provide those letters to registrants three days a week – Tuesdays, Wednesday, and Thursdays — between 6:15 a.m. and 3 p.m. The City requests registrants to call 562-570-5692 before coming to the registration office so that their tier assignment letter will be ready for pick up.

“We commend the City of Long Beach for its decision to provide registrants with their tier assignment letters,” stated ACSOL Executive Director Janice Bellucci.

According to the California Department of Justice, all local law enforcement offices that register individuals are to provide tier assignment letters starting on January 1, 2021. If you have requested a tier assignment letter and your request has been denied, please contact ACSOL by phone at 818-305-5984 or by email at service@all4consolaws.

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@Janice Bellucci is the real deal she made one phone call and long beach police department got their act together real quick if she hadn’t called down there they would of made long beach sex offenders wate till March or April or who knows how long.
Its funny how rude and careless they were befor Janice Bellucci came in the picture.
The 290 registration officer told me maybe you should contact A attorney lil did she know I already did .😷👌

Thank you ACSOL

@AERO – Thank you for notifying ACSOL of the problem in Long Beach. We were happy to get involved and sort this out. Please know that it took more than a phone call to fix the problem. The good news is that the problem is fixed and registrants may now obtain their tier assignment letters.

I called and left a message for Glendale CA PD this afternoon. They called back, and I said I wanted to make an appointment to come pick up my notification letter about what tier I’m in. He asked, “Have you received a notification letter?” I said, “No, I have not received any notification, and according to the DOJ online information, I am to call local law enforcement and make an appointment to come in and pick up my notification, which sounds quite a bit like they are stacked there waiting right now.” He informed me that they don’t have them, and he will have to contact the DA. Also he told me my tier from what he has on hand.

GPD doesn’t know anything, I’m in the same boat trying to get my letter. Remember this is a department that has cadets running the 290 portion of registration.

I left my message specifically on the voicemail of one of the sergeants in Assaults Division (the one who arrested me back when he was a detective). A different detective returned my call to say they don’t have them and will have to contact the DA about it.

This is great news!

I was considering moving to Long Beach, but after hearing about the department’s recklessness in handling tier documentation it made me a bit hesitant.

I’m wondering how the whole registration experience is down in Long Beach? (coming from central LA) Is the registration process/office/experience fairly lax? Or is it a hell hole I should avoid?

All insight greatly appreciated!

I register in LB. No issues. Question: why is everyone to get their tier? 1. Required to petition courts? 2. Determine if they respect 17b? Please advise

@TMZ – You have asked an important question regarding tier assignments. It is ACSOL’s position that a person does not need to know his/her tier assignment in order to petition for removal from the registry. Having said that, ACSOL believes tier assignments provided by the CA Dept. of Justice provide an indication regarding how local law enforcement and the DA’s offices will view an individual’s petition after it has been submitted.

Well stated! Thank you. I do have 2 questions? 1. Have we determined if the DOJ is respecting those of us with a 17b? 2. Of not, what has your organization chosen to do? Maybe it’s too early?

@TMZ and others – We have received mixed messages regarding whether CA DOJ is honoring 17b reductions. So far, it appears that they are not honoring reductions for people convicted of “wobblers” for sexual battery (PC 243.4). Would like to hear from others convicted of PC 243.4 and other offenses. Please send information to service@all4consolaws.org. Thank you.

What is a 17b TMZ ? Where can we research that ? Thx Janice for reading all these

@dph,

California Penal code 17B is a petition for a felony reduction to a misdemeanor. If granted a 17B, then your charge is a misdemeanor for all purposes. “All” is the most important word here.

Link to Penal Code 17(b): https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=17.

What is pretty neat if you look at PC 17(a) is this:
***
“A felony is a crime that is punishable with death, by imprisonment in the state prison, or notwithstanding any other provision of law, by imprisonment in a county jail under the provisions of subdivision (h) of Section 1170. Every other crime or public offense is a misdemeanor except those offenses that are classified as infractions.”
***

Any charge that is a wobbler is technically a misdemeanor because:
.. a. You were not sentenced to death
.. b. You were not sent to a state prison
.. c. You were not by imprisonment in a county jail under the provisions of subdivision (h) of Section 1170 (meaning if you were sent to state prison, but the prison ran out of room for you and sent you to county jail because there was room at county. it still counts as you being sent to state prison.)

Usually, someone who receives a wobbler will know at sentencing if the charge is a straight felony or a wobbler. If you got a wobbler, then you get a chance to prove yourself to not get sent to state prison, usually by successfully completing probation, but not always.

This is very important because on SB 384, Sec 2.5, 290 (d)(1)(A) states:
***
“A tier one offender is subject to registration for a minimum of 10 years. A person is a tier one offender if the person is required to register for conviction of a misdemeanor described in subdivision (c), or for conviction of a felony described in subdivision (c) that was not a serious or violent felony as described in subdivision (c) of Section 667.5 or subdivision (c) of Section 1192.7.”
***
Link: https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180SB384

Remember 17(b) states the crime is a misdemeanor for all purposes. SB 384 states you’re a tier-1 if you have a misdemeanor conviction. Nowhere does it state when you earned your misdemeanor conviction.

If SB 384 does not recognize a person who earned a 17(b) with a misdemeanor, then it violates several CA Constitutional laws, one of them being Article 1, Sec 9: “A bill of attainder, ex post facto law, or law impairing the obligation of contracts may not be passed.”

So CA DOJ better recognize a person earning 17(b) because it is a misdemeanor for ” all ” purposes, unless it wants to be sued for violating civil rights and the CA constitution. Also can sue for defamation because the court system recognizes your conviction is a misdemeanor when the CA DOJ is willfully and falsely identifying you as a felon. Ignorance of the law is no excuse.

@ New Person

Your breakdown of 17b, etc is simply awesome!!! Nice work. Very thorough yet to the point.

I wanted to add something that I learned when I got my 17b. Regarding “b. You were not sent to a state prison”: From what I learned, not being sent to state prison alone doesn’t make your charge a wobbler. If a person is sentenced to state prison but then the judge suspends execution of the sentence (SES), then unfortunately the conviction becomes ineligible for 17b reduction. So, a person must either have a (SIS) which is suspended imposition of sentence, or, if actually sentenced, then the sentence (even if suspended) cannot ever be to state prison (or the county alternative if state is too crowded like you mentioned).

I am in full agreement that the California Department Of inJustice is wrong. And, if they don’t do an about face and soon, then they are about to be hammered by the litigation shitstorm of the century!!!

Thank you Janice!

Will try calling tomorrow or next Tuesday!

Janice, here you go:
1997 PC 243.4a wobbler with 5 years summary (informal probation)
2000 17b
2002 expungement
I’m presently TBD. Tier 3 with informal probation and all charges dismissed? I presently have a COR scheduled 02/25. LA

Wonderful job as always @Janice! Thank you so much.

@Curious Angelino, I feel registering in LB (for over a decade now) has been the smoothest, easiest and least stressful compared to other places I’ve done so. DT LB where I go, the officers are respectful, friendly and actually call you by your last name in a respectable manner… i.e. “Mr Xyz”.

Food for thought: can you imagine being put on Tier 3 with a PC 243.3A 17b that’s been expunged with informal probation? I believe the DOJ is overwhelmed and we will work this out in a civil (you know what I mean) manner.

It was ruled in Gebremicael vs Cal in Court of Appeals 2004
that a granting of a 17b to reduce a felony to a misdemeanor amounts to the same as being arraigned on a misdemeanor charge to begin with.

 “Whether a crime is a felony in California is not determined by its nature.   It is the potential punishment for an offense which determines whether the offense is a felony or a misdemeanor, except as the offense is subject to the circumstances in Penal Code section 17, subdivision (b), that render it a misdemeanor for all purposes.  (Pen.Code, § 17, subd. (a);  People v. Nguyen (1997) 54 Cal.App.4th 705, 711, 63 Cal.Rptr.2d 173.)  A person convicted of a wobbler but admitted into probation is a felon only provisionally, and he can become a person convicted of a misdemeanor upon the determination of a trial court under the requirements of Penal Code section 17.”

“When the Legislature wants to continue treating a felony reduced to a misdemeanor under Penal Code section 17 as a felony, it expressly says so, and the court will treat the person as such only upon those occasions. For example, a state statute requires the immediate suspension of an attorney from practicing law if the attorney is convicted of a felony.  (Bus. & Prof.Code, § 6102.)   The Legislature expressly stated a felony reduced to a misdemeanor under Penal Code section 17, subdivision (b)(3), is still treated as a felony for purposes of this disciplinary rule.   (Bus. & Prof.Code, § 6102, subd. (b).”

I believe they would have to change the tiered registry law to assign 243 misdemeanants to tier 3 when it currently most certainly specifies “ 243 convicted of felony”

DOJ officials seem to be placing 17b recipients into a TBD category because they don’t know the law?

While I appreciate your putting this comment out and all the useful info it contains, forgive me if I am skeptical of registry recognizing it and following it. Those that administer it seem to apply arbitrary standards in order to keep all on it wether they deserve to be or not. I guess giving a gallon of blood isn’t enough. They want to drain us of every last drop.

New Person/Non Descript, outstanding information and comments. I’ve been reading many of the comments. I believe the DOJ is very overwhelmed and will come to their senses. I was removed from the ML website after faxing my (PC 243.4a) 17b to them. We aren’t being prosecuted and this isn’t a license hearing! Superb comments.

Can anyone tell me if a 288(c)(1) that is a wobbler misdemeanor qualify for an expungement and a COR? Janice or anyone.

@D.H. Jake
Yes you can apply for expungement (1203.4) for 288(C)1. I have the same charge. Make sure you first filed 17b to reduce your felony conviction to a misdemeanor then have your misdemeanor expunged.

17b is possible

1203.4 isnt…

“Subdivision (a) of this section does not apply to any misdemeanor that is within the provisions of Section 42002.1 of the Vehicle Code, to any violation of subdivision (c) of Section 286, Section 288, subdivision (c) of Section 287 or of former Section 288a, “

Folks – Legally I guess 288c is not eligible for 1203.4. That being said myself and a few others on here have managed to attain it. In my case the DA didn’t object and the judge stamped it and off we went. My guess is I was quite fortunate to have the right DA the right judge and the right attorney at that time. It probably doesn’t hurt to try and get it worst case is they could tell you no and having a 1203.4 may assist you in getting off the registry if Janice and the team are successful in getting these misdemeanors reclassified to tier 1.

@Tp, I was also told that by attorney ‘s and decided to file it for myself. I had the same charge and received 1203.4 expungement 2005 after probation. That may be what’s confusing DOJ. Because I’ve also seen about 3 others on this sight who received relief and had the same charge, and was put in tier 3. I received my letter and currently say TBD.

@D.H. Jake
Yes you can apply for expungement (1203.4) for 288(C)1

I always thought that any 288 canNOT be expunged under 1203.4; I believe it can only be reduced to a misdemeanor under 17b. I would love to be wrong here.

This is what the code reads under 1203.4:

“1203.4 (b)
Subdivision (a) of this section does not apply to any misdemeanor that is within the provisions of Section 42002.1 of the Vehicle Code, to any violation of subdivision (c) of Section 286, Section 288, subdivision (c) of Section 287 or of former Section 288a, Section 288.5, subdivision (j) of Section 289, Section 311.1, 311.2, 311.3, or 311.11, or any felony conviction pursuant to subdivision (d) of Section 261.5, or to any infraction.”

It goes on to say in subdivision g:

“1203.4 (g) Notwithstanding the above provisions or any other provision of law, the Governor shall have the right to pardon a person convicted of a violation of subdivision (c) of Section 286, Section 288, subdivision (c) of Section 287 or of former Section 288a, Section 288.5, or subdivision (j) of Section 289, if there are extraordinary circumstances.”

So, it does leave the door open to a governor’s pardon for any 288. However, something tells me you’d have better odds of winning the Powerball!!!

Yes I too have a 288(c)1 that was granted 1203.4 and 17. B .in 2012 .

Just a wild guess here but has the 1203.4 law code changed? It has a note that it was last changed in 2018, so maybe before then you could expunge a 288c1

@TP – I can’t give you a specific date but 288c has not been an offense that you can expunge for at least 20 years I believe if ever. Mine was expunged in 2005 but as I mentioned previously it was just a matter of good luck and good timing and good people. But I don’t think it hurts to try and if you are successful it might benefit you in the future potentially. Good luck!

Went down to the Long Beach Police Department today to get my Tier Assessment letter it was quick and easy I gave him my ID waited like 5 minutes and he came out with my letter it said ima tier1 10 year registration.
iv been registering for 20 years now since I was 18 I guess I’m eligible to petition but will see next year after my birthday how this all plays out im read to go to war with the DA office.
As i was leaving a guy sitting in the lobby stopped me and asked me what’s a tear assessment letter I explained it to him and the other registrants in the lobby all different ages different walks of life they had no idea .
When I was done explaining the tier assessment letter i asked
them have you guys heard of an organization called ACSOL they sad no so i show them how the find the website using my phone I wish I had some kind of literature I could have passed out to them

Good luck

Thank you, AERO, for spreading the word about the Tiered Registry as well as ACSOL! Hope others will do the same.

I’m glad you had a positive experience and will be getting of this ride soon. And great that you made a few more people aware of whats going on and provided them with this sites info. The more RC’s that know about it, the better. We’d be able to deal with all this much better if everyone was actually in the know and could lend their voices (and some cash) to the cause. Can you imagine what would happen if 100k people called and wrote in whenever they tried to pass something stupid? I doubt more than a few hundred do so now, and even that seems to have some big sway.

That’s awesome Aero! Even after 20 years years you still have to wait another… that would irritate me. I hope your petition goes well.

Thank all of you who took the time to respond to my post. 10 years ago I had my case reduced to a misdemeanor. My case was in 1998 resulting in county jail time, a 300 dollar fine and probation. I lived in Arizona for close to 10 years and was placed in tier 1. Arizona had a 3 tiered system with tier 1. being the most lenient of the three. I was not on the internet and only had to register when I moved. If I maintained one address I would only be required to register only once. Unfortunately, Arizona amended their laws regarding registrants and I moved back to California. At the end of the day I am optimistic about my chances of being removed from the registry but the work is never over.

Hello, LA has a new DA. George Gascon. LA has changed and the new DA supports rehabilitation. I’ve not heard anything regarding my tier status (TBD). 243.4a/17b/expunged. I’m going for my COR in late February and optimistic. The deadline is July 1st. Has anyone determined the best way to address an incorrect tier. How should we address an incorrect tier if the 17b isn’t validated? Do the police departments determine the tier status or does this come from the DOJ? I’ve not seen or read any information regarding this? Thank you

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