A state bail reform law that took effect in 2022 has encouraged jails to release an array of defendants — including shoplifters — within hours of their arrests and before they ever see a judge. And even if judges are asked to decide whether to continue holding them pending trial, concerns that retail theft doesn’t warrant a long-term jail stay or there won’t be enough public defenders to represent them lead judges to set them free. That’s true even in cases where defendants have punched, bitten or pointed a gun at store staff or broken into businesses during closed hours, elevating the crime of mere theft to felony robbery or burglary.
More often than not, defendants who are released blow off court dates. Some have histories of failing to appear more than 10 times but still are let go.
And in cases where defendants do show up and they’re proven guilty, critics say the sentences they receive commonly lack the bite that comes with jail time or the power to instill change through drug and mental health treatment that might address the root of their problems.
The result? After major retailers Walmart, Target, REI and Nike shut down stores in 2023 and 2024 and Mayor Ted Wheeler and Texas Gov. Greg Abbott publicly sparred over whether Portland is a city that has “refused to enforce the rule of law,” shoplifting is still unfolding at a dizzying clip. The frequency and volume at which people steal also has led to higher prices for consumers and dramatically transformed the shopping experience, with merchandise locked to racks with cables or behind plexiglass cases and retailers in some instances hiring security guards who carry guns.
Even so, shoplifters hit stores daily to lift the most coveted products, dashing out with bulging pockets, armloads and hefty bags full of hundreds or thousands of dollars worth of merchandise.
“It’s catch and release,” said Jonathan Polonsky, CEO of Plaid Pantry, whose convenience stores in Portland have been hit by chronic thieves. “It’s the same, 10, 20, 30, 40 people who are creating tons and tons of havoc, and are tying up all sorts of resources.”
No need to wonder why businesses have left the Portland downtown core. The answer is obvious.
The Oregonian/OregonLive analyzed the cases of every suspected shoplifter who was arrested during dozens of retail theft missions and whose name was publicized by Portland police since 2023. The news organization found the overwhelming majority were released within hours or days of their arrests and 85% failed to appear for their next court dates.
Some were subsequently arrested on new charges and failed to appear again and again. Two years into these missions, about one-third have been convicted. Many didn’t receive any jail time. Some were ordered to perform community service they didn’t do or to pay fines they ignored.
This cannot be helpful in maintaining a safe and just society.
Outside these missions, low staffing numbers mean the Portland Police Bureau rarely has the ability to respond immediately or in person to shoplifting incidents.
The bureau employs 789 officers, down from the low 900s just four years ago. A police analysis found the bureau had the lowest per capita staffing compared to other mid-sized cities in the West, including Seattle, Denver, Sacramento, Albuquerque, Fresno and Oakland. A staffing shortage led the bureau in July to dissolve its property crimes unit, which built cases against the most prolific retail thieves citywide. Its three detectives are now assigned to investigate violent crimes and precinct-level officers do the work in their place.
I have no idea why anyone would want to work at the Portland Police Bureau. They receive so little public support that you’d think as a job it must be wholly untenable.