A recent report by the Chicago Appleseed Center for Fair Courts reveals significant policy shifts under Cook County State’s Attorney Eileen O’Neill Burke. These changes have led to prison sentences for retail theft more than doubling last year. The report criticizes Burke for adopting a ‘tough-on-crime’ approach reminiscent of past policies that weakened local communities.
The report recommends that Burke reevaluate her policy decisions and urges the Illinois General Assembly to raise the legal threshold for retail theft to be considered a felony. According to Austin Segal, director of research at Appleseed and co-author of the report, many retail thefts occur because individuals lack the basic necessities they cannot afford.
Burke, known for her more stringent approach compared to her predecessor Kim Foxx, remains at odds with progressive groups advocating for criminal justice reform. In response to the report, Burke’s office stated its commitment to enhancing public safety by addressing issues such as dangerous weapons, supporting crime victims, and deterring violent offenders.
The Appleseed report, titled ‘500 days forward, 10 years back,’ analyzed the effects of Burke’s policies, using press releases, news reports, and public records. It noted that Burke’s administration has targeted retail theft, gun possession, and domestic violence cases, applying stricter charges and harsher pretrial conditions.
Burke’s policy reversals include the reinstatement of filing felony retail theft charges for items valued at over $300, in line with Illinois law. Under Foxx’s administration, felony charges were reserved for thefts exceeding $1,000. This shift resulted in 36% of retail theft cases being charged as felonies in 2025, compared to 18% previously.
The report highlights that retail theft convictions resulting in prison terms increased to 7% in 2025 from 3% in Foxx’s last year, with retail theft prison sentences contributing to a growing jail population. The authors urge state legislators to raise the felony threshold, currently one of the lowest in the nation. Lawmakers had increased the threshold to $300 from $150 in 2011, and a 2019 bill proposed a raise to $2,000.
The study argues that punishing poverty-driven retail theft with imprisonment destabilizes communities and families, calling for policy adjustments that address the root causes of such crimes.