Appeal from the Circuit Court of McHenry County; the Hon.
Roland A. Herrmann, Judge, presiding.
JUSTICE UNVERZAGT DELIVERED THE OPINION OF THE COURT:
The defendant, Leon J. Salamon, pleaded guilty to retail theft over $300 (Ill. Rev. Stat. 1981, ch. 38, par. 16A-3(a)), and was sentenced to three years' probation on December 29, 1982. The defendant had petitioned to elect to be treated as a narcotic addict under the Dangerous Drug Abuse Act. (Ill. Rev. Stat. 1981, ch. 91 1/2, par. 120.1 et seq.) The conditions of the probation order, set forth in full, were:
"A. Defendant shall not violate any criminal statute or law of any jurisdiction.
B. Defendant shall make a report to and appear in person before the probation officer of this court assigned to his case as frequently as requested by said officer.
C. Defendant shall permit his probation officer to visit him at his residence, or elsewhere, as requested by said probation officer, and shall answer all questions of said probation officer in regard to his living conditions, marital status, employment, etc.
D. [This provision (involving costs incurred) was deleted from the conditions.]
E. Defendant shall make restitution or reparation in the amount of $ ____ within ____ days from this date.
F. Defendant shall not leave the State of Illinois.
G. Defendant shall be placed in the TASC Program with an open mandate.
H. First 90 days of probation to be served in McHenry County jail."
TASC is an acronym for "Treatment Alternatives to Street Crime," which is a drug abuse rehabilitation program. The term "open mandate" used in the probation order meant that the defendant would be placed in whichever program facility first had an available bed. Because the defendant was on parole from Cook County, consent to his participation in the TASC program was sought and obtained from his parole officer and the Prisoner Review Board.
During the 90-day period the defendant spent in the McHenry County jail, he saw his probation officer, Jim Woolford, twice, and saw the TASC supervisor, Alexander Rinaldi, two or three times. Defendant's probation officer explained to him that as soon as a bed opened at TASC, all his contacts with him from that point on would be through TASC monitoring, and that he would have knowledge of his situation from TASC until treatment would be ended. Rinaldi testified he told the defendant that if for any reason he was released from McHenry County jail, that he should notify Rinaldi's office "as far as where he would be living and telephone number and which we can contact him at, so when a bed did become available for him we could contact him and have him in that facility at that time or we would lose the bed." Although Rinaldi did not give the defendant a business card with a phone number on it, he testified he told him that if he did get released from the McHenry County jail, that he could get in touch with the officers at the booking desk, and that they would give him Rinaldi's phone number and office address. At an earlier hearing, Rinaldi testified the defendant would not be monitored by the TASC program until he was placed.
The defendant was not placed in a TASC program prior to the expiration of his 90-day jail sentence. However, because Cook County had another parole hold on him under an alias, "Jeff Collins," the defendant was transferred to the Cook County jail for two days and then to the Department of Corrections. Apparently, only the parole hold under the name "Salamon" had been cleared so that the defendant could be placed in the TASC program in connection with the McHenry County probation order. The defendant was incarcerated at the State prison in Joliet until April 29, 1983, when he was released on parole.
Because TASC had not heard from the defendant, a petition to revoke his probation was filed in McHenry County in June 1983, and he was arrested in July. Both Rinaldi and Woolford tried to phone the defendant when they learned he had been released from Joliet, but the number was disconnected. The defendant's wife had moved during the time he was incarcerated in ...