When does a small-time shoplifter become a big-time felon?

SHARE When does a small-time shoplifter become a big-time felon?
illinois_legislature_46587471_1.jpg

The Illinois Capitol in Springfield. | Seth Perlman/AP file photo

Follow @csteditorialsShould someone who steals two or three pairs of sneakers serve the same prison sentence as someone who beats a person savagely?

Clearly, one crime is more heinous. But in the eyes of the law in Illinois, they look a lot the same.

Shoplifting goods worth more than $300 in Illinois is a Class 3 felony, punishable by two to five years in prison, the same as aggravated battery that causes great bodily harm, disability or disfigurement.

There is no doubt that shoplifting is criminal activity. It drains stores of billions of dollars each year, and those losses are passed on to consumers. But an adage applies: Punishment must fit the crime.

Setting the threshold for a felony at $300 brings on penalties that are too severe for the crime. Illinois should raise that threshold, a step the Legislature is considering.

EDITORIAL Follow @csteditorials

Rep. Elgie Sims Jr. of Chicago has proposed a bill to raise the bar for felony retail theft and general property theft to $2,000. Theft under $2,000 would be a misdemeanor. Rep. Justin Slaughter, also of Chicago, has introduced a bill that would raise the felony minimum to $2,500.

Whether the threshold should be raised that high is debatable, but $300 is much too low.

Cook County State’s Attorney Kim Foxx gets it. She has made a practical decision to raise the felony threshold to $1,000, although prosecutors still have discretion to upgrade misdemeanor charges to felonies depending on the circumstances. Cook County has a sorry history of low-level offenders sitting in jail for months — for longer than their eventual prison sentences — because they can’t afford low bail.

Sims’ bill echoes recommendations made by the Illinois State Commission on Criminal Justice and Sentencing in December. The commission called for raising the felony threshold to $2,000 for shoplifting and general property theft.

“Theft of all types is a serious problem, but treating those who steal relatively small amounts (a single laptop or smartphone, for example) the same as those who steal on a large scale seems disproportionate and does not make the best use of prison resources,” the commission said in its report.

The commission, created by Gov. Bruce Rauner, also suggested Illinois ease up on low-level repeat offenders. Currently, a misdemeanor can be upgraded to a felony if someone has been convicted for stealing anything in the past.

“Status as a felon and possible imprisonment is not an appropriate sanction for a person who repeatedly steals low-value items, nor is this a prudent use of prison resources,” the report said.

We agree.

The Illinois Retail Merchants Association is leading a charge against changes to the shoplifting law. It cites a rise nationally in shoplifting over the last five years as a reason to keep the felony threshold at $300.

But there is a serious societal cost to imprisoning low-level, non-violent shoplifters and branding them felons. Felonies stay with ex-convicts for life. Job searches are crippled. There really is no clean slate.

There is a steep cost to taxpayers, as well, who pay for those prisons. Rauner’s commission noted that when it began its work, in early 2015, Illinois prisons were operating at 150 percent of design capacity. Illinois’ incarceration rate had increased more than 500 percent in the last 40 years.

Small-time shoplifters don’t belong in that crowd.

Tweets by @csteditorials

The Latest
Despite getting into foul trouble, which limited him to just six minutes in the second half, Shannon finished with 29 points, five rebounds and two assists.
Cowboy hats, bell-bottoms and boots were on full display Thursday night as fans lined up for the first of his three sold-out shows.
The incident occurred about 3:40 p.m. near Minooka. The horse was successfully placed back into the trailer, and the highway reopened about 40 minutes later. No injuries were reported.
The Hawks conceded the game’s only two goals within the first seven minutes and were shut out for the 12th time this season in a 2-0 defeat Thursday.