Worked in Loss Prevention for many years in big box retail.
You guys are looking at this all wrong... There are two elements at play here, the civil penalty, and the criminal penalty, and in some places you can have both.
So lets say someone walks into your place of business and starts spray-painting everything. You will want him arrested, AND you will want a civil penalty imposed. If you are soft hearted you MIGHT not call the cops IF that person agrees to fix / clean / pay for everything.
This is the same logic, companies like Wal*Mart would rather have their employees on the floor working then in court over an item that they recovered. The civil penalty can be worked out with out a judge, or lawyers. You simply agree to never come back to the store again, pay for the item you stole, and an additional penalty (depending on state / county / local judge)
If you elect not to settle the civil matter, you still committed a crime, you still can go to jail.