Cook County State’s Attorney’s Policy Impact on Retail Theft Sentencing

A recent report by the Chicago Appleseed Center for Fair Courts examined policy changes under Cook County State’s Attorney Eileen O’Neill Burke, finding that prison sentences for retail theft more than doubled last year. The report criticizes what it sees as a return to tough-on-crime policies, contrasting these with the practices of Burke’s predecessor, Kim Foxx. Released Wednesday, the report urges Burke to reconsider her approaches and suggests changes to Illinois legislation, including raising the threshold for felony retail theft charges.

Austin Segal, director of research at Appleseed and co-author of the report, noted that many engage in retail theft to secure basic necessities. The increase in sentences aligns with Burke’s campaign promises, which emphasized a tougher stance on crime compared to the more progressive Foxx. This shift highlights ongoing tensions between Burke’s office and proponents of criminal justice reform.

Burke’s office responded, reaffirming its commitment to public safety through various initiatives aimed at reducing violent crime and supporting victims. They also expressed openness to discussions with Appleseed regarding the report.

The report, titled “500 days forward, 10 years back,” uses diverse data sources, including press releases and public records, to assess the impact of Burke’s policies. It highlights increased charges and stricter pretrial conditions, criticizing the lack of oversight for police and federal agents. Gun violence, in particular, is a major concern for Burke, as reiterated by Yvette Loizon, chief of policy at the state’s attorney’s office.

Several policy changes are documented, such as revised detention policies increasing jail populations and allowing police to directly file some gun charges. Another change involved a shift in the referral process for restorative justice courts, though this was later reversed. Notably, Burke reinstated a policy where felony charges could be filed for retail theft of goods valued at $300 or more, after Foxx had raised this threshold to $1,000.

The report found a significant increase in felony retail theft charges, from 18% during Foxx’s term to 36% under Burke. While only a small portion of these cases result in prison sentences, there was a rise in such sentences from 3% in 2024 to 7% in 2025. This contrasts with the previous decline seen during Foxx’s leadership.

Arguing that retail theft is often linked to poverty, the report calls for legislative action to raise the felony threshold from $300, one of the lowest in the nation. The threshold had been increased from $150 to $300 in 2011. A proposed bill in 2019 aimed to raise it further to $2,000, but this has not yet been enacted.

Overall, the report highlights the complex issues surrounding retail theft prosecution and its broader impacts on communities already facing economic challenges.