By Mike Cason
Montgomery Advertiser

A bill that would result in fewer convicted thieves going to state prisons moved closer to becoming law Wednesday after the Alabama Retail Association agreed to a compromise.

The association initially opposed the bill, which raises the value of stolen property that constitutes a felony from $250 to $500. Retailers argued that professional shoplifters know the felony threshold and would exploit a higher level.

Charles McDonald, executive director of the association, convinced lawmakers to change the bill to keep the $250 felony threshold for repeat offenders. McDonald did not give the bill a ringing endorsement, but said the change made it easier for retailers to swallow.

"We're singing out of the same hymn book, but we're not singing very loud," McDonald told members of the House Judiciary Committee on Wednesday.

That was good enough for Rep. Marcel Black, D-Tuscumbia, chairman of the committee and sponsor of the bill.

"Mr. McDonald, let me tell you those muted tones are music to my ears," Black said.

Last week, calls from retail association members helped convince the Judiciary Committee to vote down the bill. But on Wednesday, the committee approved it on a voice vote. It now goes to the House. It must also pass the Senate to become law. A public hearing will be held on the bill next Wednesday in the Senate Judiciary Committee. Gov. Bob Riley supports the bill.

Chief Assistant Attorney General Rosa Davis said that before the amendment, the change in the felony threshold would save about 3,000 prison beds over a five-year period. She said the impact would remain significant with the amendment, but did not have a number.

McDonald reached the agreement during talks Monday and Tuesday with Attorney General Bill Pryor and members of the Alabama Sentencing Commission, a group pushing reforms intended, in part, to solve the state's prison crowding problem.

"I'm satisfied that we have addressed the concerns of the retail association about professional shoplifters without undermining our sentencing reform," Pryor said. "The thresholds are still basically going to be what we proposed with this special ability to deal with the repeat offenders."

The bill also changes dollar values that determine the seriousness of other theft offenses and for receiving stolen property. Some of the dollar values for those crimes last were changed in 1977, while some changed in 1992.

Some retailers flatly oppose raising the felony threshold for stolen property.

"If they should have done anything, they should have lowered it," said Carl Cain, owner of Carl's Eastbrook Hardware. "Instead of $250 , it should be $100."

Cain said that by raising the threshold to $500, shoplifters can steal a quality power tool, or even two tools, and still not be guilty of a felony.

"They can go in and steal two drills," Cain said. "What are you going to do? Slap their hand? I just don't think that's adequate."

Theft of property is the most frequently reported crime in Montgomery, according to the Montgomery Police Department's 2002 annual report. It showed that 5,412 thefts of property worth more than $250 occurred during the year, and 5,416 thefts of property worth $250 or less were reported. Those were the two most common criminal offenses among the 23 listed in the report.

Proponents of the higher threshold said thieves convicted of misdemeanors, which can result in jail terms of up to a year, would get more attention on the municipal court or district court level than they would as felony offenders in circuit court, which deal with violent crimes.

Rep. Dick Brewbaker, R-Montgomery, voted against the bill last week but voted for it on Wednesday because of the repeat offender provision.

Brewbaker said the handling of misdemeanor thefts would be more effective when the state develops more community corrections programs, which generally allow offenders to work and pay restitution. But those programs are operated in only about one-third of the state's counties.

"This will tide us over until we get those community sentencing programs going," Brewbaker said.

The committee also approved two other Sentencing Commission bills on Wednesday, one to strengthen community corrections programs, and one to begin the development of voluntary sentencing guidelines for judges.

THEFT BILL

House Bill 491 and Senate Bill 348 would raise the value of stolen property that constitutes second-degree theft of property, a felony punishable by up to 10 years in prison.

41 states have higher felony thresholds than Alabama

Frequency: Second-degree theft of property was the second most common felony conviction in Alabama from 1999-2002, with an average of 1,244 convictions per year. Only possession or receipt of a controlled substance ranked higher, with an average of 3,296 convictions per year.

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