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House Judiciary weighs restoring tougher retail‑theft penalties; civil‑rights groups caution against jailing low‑level offenders
Summary
Sen. Barry Ushersponsored SB19 to roll back 2017 reforms and increase penalties for repeat retail theft; retailers and county attorneys backed the change as a deterrent, while the ACLU and policy groups warned it would criminalize poverty and raise prison costs.
Sen. Barry Usher opened a hearing on Senate Bill 19, a bill that would change theft definitions and penalties to restore higher sanctions for repeated retail theft and adjust the statutory definition of a "common scheme." Supporters from the retail industry, county attorneys and law‑enforcement groups said the 2017 changes reduced accountability and enabled organized theft.
Brad Griffin (Montana Retail Association), Lewis & Clark County Attorney Kevin Downs, and representatives of sheriffs and police associations urged the committee to reverse policies they said had incentivized theft. They described anecdotal losses, shoplifting as an organized problem and argued that restoring jail exposure for early offenses would permit tracking and judicial review that currently is lost when first incidents are non‑jailable.
Opponents including Henry Seaton of the ACLU of Montana, Rose Bender of the Montana Budget and Policy Center, and Catalyst Montana argued increasing penalties for low‑level property crimes will put more people in jail without evidence of deterrence; they recommended investments in diversion and social services instead. The Office of the State Public Defender noted workload and fiscal impacts if jail time for first‑offense misdemeanors returns.
Committee members asked about evidence linking increased penalties to reduced retail theft, fiscal impacts, and capacity in jails and prisons. Sponsor Usher said prior criminal‑justice reform savings did not materialize as promised and that prosecutors and retailers report rising theft.
No committee vote was recorded at the hearing.
