Pueblo city council president wants mandatory jail time for shoplifters

A Pueblo city councilor wants to introduce an ordinance that would seek to curb shoplifting by mandating jail time for people who steal more than $300 worth of retail items. 

The ordinance, which is expected to be introduced by council president Heather Graham, would require a person convicted of that crime to spend no more than three days in Pueblo County jail, she told the Chieftain. 

There is no timeline yet on when the ordinance might be introduced, but the city’s legal department is working on it, Haley Sue Robinson, director of public affairs for the city, confirmed. 

Graham, the owner of both Graham’s Grill restaurant locations and Ruby’s at 100 Broadway Ave., said some Pueblo business owners are “frustrated” with crime they say is hurting their businesses. 

“I think to have immediate consequences for doing what we’re not supposed to do is another way to deter criminals who rob places and (commit) property damage,” Graham said. “I mean, small-business owners are ready to pack up and leave Pueblo because they’re so frustrated about the crime and constant trouble they’re facing.” 

An offender would be charged with no more than a misdemeanor if convicted through the ordinance, Graham said.

She said the ordinance would mimic one that Aurora City Council passed last year, which was met with criticism from some Aurora city councilors who felt mandating jail time wouldn’t deter people from committing additional crimes, according to a report from the Denver Gazette. 

Aurora council member Danielle Jurinsky, a conservative small-business owner who was elected to council in 2021, introduced the ordinance. 

Another Aurora council member, Juan Marcano, voted against it and said at a September meeting where councilors discussed the ordinance that “jail is not a deterrent (to crime).” He also said he believes diversion and prevention programs would be more effective and cost friendly, according to the Sentinel. 

The Sentinel also reported that council member Alison Coombs, who joined Marcano in voting against the proposal, said mandating jail time through the ordinance could cause people to lose their job for not showing up to work.

Graham said she suspects the proposal could be hard to pass in Pueblo because some councilors will likely vote against it, but she believes it’s time to “tell people that it’s not OK to do these types of things.” 

She said she doesn’t think the ordinance would produce repeat offenders. Rather, people thinking about committing such a crime wouldn’t do it in the first place, knowing they would face a consequence stricter than a fine, she said. 

If the ordinance were to pass, Graham said she suspects the county jail might face overcrowding as offenders found guilty of the crime are sentenced, but “once the word gets out about the ordinance, people will know not to steal” and “won’t be put in jail.”

“I don’t think it’s the intention of (people between) 18 and 30 years old to have a life of crime,” Graham said. “I think they do it because they know they can get away with it. Maybe spending a few nights in jail is what they need to get back on track.” 

Graham said she spoke with a district judge who expressed a desire to have the ability to sentence accordingly, if the ordinance passed. For example, if an offender is dealing with a mental health issue, a judge could pursue an alternative approach rather than impose the three-day jail stay. 

Pueblo Police Chief Chris Noeller said at a press conference earlier this week the police department made significant progress to address shoplifting in 2022 and that the department’s Directed Enforcement and Community Engagement (DICE) team has helped deter shoplifting and other low-level crimes. 

Graham, who acknowledged Pueblo PD’s efforts despite facing staffing limitations, said she thinks Pueblo needs to do more to deter shoplifting. 

“(Shoplifting) isn’t just in Pueblo, it’s everywhere, but in Pueblo at least we can maybe control it a little better and come up with some tools and rules to enforce and take back the community from criminals,” Graham said. 

According to the city of Pueblo’s municipal code, theft from a merchant is a Class 2 municipal offense, which is punishable through a fine of no more than $1,000.

Graham said she expects city council will discuss the ordinance during executive session and that it could be introduced at some point in February.

Chieftain reporter Josue Perez can be reached at JHPerez@gannett.com. Follow him on Twitter @josuepwrites.