The Bourbonnais village board voted Monday to give local police a new, lower‑level tool for handling shoplifting and other petty theft: officers can now cite people for **ordinance violations** instead of making arrests and pressing criminal charges. The change aims to speed resolution for retailers and reduce the number of matters pushed into the criminal-court system.
The amended village code allows officers to issue violations that are resolved at a local adjudication hearing. Fines for those ordinance violations are set between $50 and $750, according to the update approved by trustees.
Deputy Police Chief Jason Sztuba told reporters the measure was designed to create an intermediate option for theft cases — particularly where businesses do not want to pursue a formal criminal complaint. In those situations, he said, an ordinance citation gives police a method to address the incident without involving state-level charges or forcing retailers to sign complaints.
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Police Chief Dave Morefield added that many merchants are primarily interested in recovering property and prefer not to enter the criminal-complaint process. He said the new authority lets officers handle minor thefts administratively while preserving the option to escalate when circumstances warrant.
The key practical differences from criminal prosecution are procedural and evidentiary. An ordinance case is decided at the village’s adjudication hearing and requires a lower proof standard — a preponderance of the evidence — rather than the higher bar of beyond a reasonable doubt needed in criminal court.
- When it will be used: For minor thefts and retail theft incidents where officers determine an ordinance citation is appropriate.
- Penalty range: $50–$750 fines for ordinance violations.
- Where it’s decided: Village adjudication hearings, rather than state criminal court.
- Evidentiary standard: Preponderance of the evidence (lower than criminal standard).
- Escalation: Officers may still seek a criminal complaint if evidence or circumstances justify pursuing state charges.
Officials noted similar municipal ordinances already operate in other communities throughout Kankakee County, and the change brings Bourbonnais in line with that local practice. For businesses, the switch is expected to make recovery of stolen items and resolution of minor incidents faster and less burdensome.
At the same time, village leaders emphasized that this is an additional enforcement option rather than a replacement for criminal prosecution. Chief Morefield said decisions will be made on a case‑by‑case basis: where a business does not want to sign a complaint but police have sufficient evidence, an ordinance citation will be issued; where stronger action is required, officers will pursue state charges.
Trustees approved the amendment during their meeting Monday; village officials say it will be incorporated into police procedures going forward and monitored for how it affects retailers, residents and the local court load.
