Retail theft in NYC: How trespass notices could reduce repeat offenders

NEW YORK CITY - The Manhattan District Attorney's office is reminding businesses that they have the power to ban shoplifters from their stores. 

Shoplifters can present what's called a trespass notice to people after they have been arrested for shoplifting.

What is a trespass notice?

What they're saying:

"Should you misbehave in a location, the person who owns that location has the right to tell you not to come back. The Trespass Notice form documents that,"
Deputy Chief of Trial Division for the Manhattan DA's office Andrew Warshawer said.

However, if that person comes back and steals again, the usual misdemeanor can then be upgraded to a felony.

The underlying goal is to get a felony indictment because that's when prison time or opportunities to get help become available.

Defendants who graduate from treatment programs, 85% of them do not commit a new felony within three years if they successfully finish that treatment.

Is the trespass notice new?

The backstory:

This trespass notice isn't new, but how the DA's office is notifying businesses of this tool is.

In partnership with the NYPD, three trainings have been held borough-wide with retailers like Macy's, Duane Reade, and Krispy Kreme in attendance. 

The Madison Avenue Business improvement business, home to luxury brands, is hopeful.

"We really believe that it will be an important tool to combat recidivism in retail theft," president of Madison Avenue Bid Matthew Bauer said.

Has the word been spread around to other boroughs?

By the numbers:

As of late December, the Manhattan DA's office is prosecuting 74 trespass burglaries with 44 cases indicted and ready for trial.

Despite these numbers, in Manhattan there isn't enough enthusiasm in other boroughs. 

Local perspective:

Nelson Eusebio represents supermarket owners who say some police officers in Queens are unfamiliar with the notice. 

"They had to look it up and a day or two later they say oh yes we found this fill it out for us please," Eusebio said.

Eusebio said storeowners are hesitant to interact with the suspect through the notice. 

"For them, it's another burden and being safe in their stores and in their workplace. They do it reluctantly, they do it, but they are desperate and they want action. Crimes in supermarkets hasnt gone down," Eusebio said.

While other boroughs may be struggling with awareness of the notice, the Manhattan DA's office says police officers are present at their trainings. 

"We work with the commanding officer to ensure that the neighborhood coordination officers that cover the small or large businesses in that community are also at the meeting," executive director of Community Partnerships Unit, Estelle Strykers-Santiago said.

This is to make sure that everyone is hearing the same thing together on how to serve the notices for the common goal of reducing retail theft.