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Retail Theft Ordinance

An ordinance to support law enforcement and crime prevention in Douglas County

At a Business Meeting on Tuesday, Dec. 9, the Board of Douglas County Commissioners introduced a new ordinance focused on addressing retail theft in our community. Now, they’re asking for your feedback.

Douglas County’s welcoming reputation often makes our community a target for shoplifting and other property crimes.

These low-level offenses are regularly linked to more serious incidents such as violent crimes, auto theft, and drug and firearm related activity. Recognizing that retail theft is a threat to public safety and the local economy, the Board has identified a system for encouraging businesses to promptly report theft to law enforcement.

Businesses will be expected to report theft to local law enforcement within 96 hours. Failure to do so will result in a $50 fine for every subsequent 24 hours, not to exceed $1,000.

The Douglas County Sheriff would enforce the ordinance, and violations may be prosecuted by the District Attorney or County Attorney.

Retail theft in Colorado

The consequences of retail theft extend beyond public safety. Retail theft is increasingly undermining Colorado’s economic health. A recent analysis from the Colorado Common Sense Institute estimates that in 2022 alone, retail crime cost Colorado businesses $1.4 billion and deprived taxpayers of approximately $78 million in lost sales-tax revenue. 

The CCSI report also found that retail theft rose by 22.4% between 2023 and 2024, with 27,094 shoplifting incidents reported statewide. That figure becomes even more concerning when paired with national data from the Loss Prevention Research Council, which estimates that nearly 89% of retail theft incidents are never reported. 

Read the report: $1.3 Billion Gone: Retail Theft is Draining Colorado’s Economy

About the proposed ordinance

Reporting theft to law enforcement

Businesses in Douglas County are expected to report retail theft in a timely manner.

  • Companies must notify law enforcement within 96 hours after reasonably determining that a theft has occurred.
  • A theft should be reported when an employee has an honest, fact-based belief that it happened.
  • Reports must be made through any method approved by the law enforcement agency.
  • Businesses and employees acting in good faith are protected from civil liability under Colorado law.

Preserving and sharing evidence

Businesses are required to preserve and share any photo or video evidence related to a theft they report.

  • Companies may not destroy, alter, or hide evidence of a reported crime.
  • They must provide this evidence to law enforcement upon request.
  • Once all evidence has been turned over, the business has no further obligation to retain it.

Protecting employees who report crime

Employees should feel safe reporting theft and cooperating with law enforcement.

  • A business may not punish or retaliate against an employee for reporting a crime or for preserving and sharing evidence.
  • Any suspected retaliation will be reported by the County to the appropriate authorities.

Corporate policies must allow reporting

Businesses may not have policies that prevent employees from reporting theft.

  • Any written policy that discourages or prohibits reporting theft to law enforcement is a violation of this ordinance.

Exceptions

This ordinance includes a few important exceptions:

  • Businesses are not required to report crimes if doing so would violate state or federal law.
  • No one is required to report a crime if it would incriminate themselves.
  • Individuals are not required to report crimes committed by their spouse.
  • Businesses may take up to 96 hours to conduct a good-faith internal investigation, as long as they notify law enforcement of this intent within that timeframe.

Let us know what you think!

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