Schnaible

In this case we hold that a defendant who spends time on an outpatient basis in a drug rehabilitation program as a condition of probation is not entitled to custodial credits against a sentence imposed upon a subsequent revocation of his probation.

An information filed on June 4, 1981, charged Dennis Schnaible with receiving stolen property (Pen. Code, § 496). Schnaible pleaded guilty and was placed on five years’ probation.

A subsequent information filed on September 23, 1982, charged Schnaible with two counts of grand theft (Pen. Code, § 487a, subd. (a)), two counts of burglary (Pen. Code, § 459), and one count of receiving stolen property. The two causes were joined by court order. Schnaible pleaded nolo contendere to one count of grand theft. The court sentenced him to the upper term of three years’ imprisonment for grand theft, but suspended imposition of sentence and reinstated probation on the condition, among others, that Schnaible participate in the “Genesis House” rehabilitation program.

Schnaible was a live-in patient at Genesis House for 191 days. He spent 91 additional days as an outpatient at Genesis House, living and working on the outside but still…