Silva

In this case we hold that defendant Joseph Michael Silva, who was sentenced to state prison following revocation of probation, is not entitled to presentence conduct credit for time he spent in home detention on a county electronic monitoring program. (Pen. Code, §§ 1203.016, 4019; undesignated statutory references are to the Penal Code.) The trial court properly rejected an opinion of the Attorney General that had held to the contrary. ( 85 Ops.Cal.Atty.Gen. 106 , 114 (2002).)

In July 1999, defendant pled guilty to false personation and second degree burglary. (§§ 459, 460, subd. (b), 529, par. 3.) He was sentenced to state prison for three years eight months. Execution of sentence was suspended and he was granted probation for five years on the condition, among others, that he serve 365 days in the Placer County jail.

While serving his county jail sentence, defendant was allowed to participate in an electronic monitoring program authorized by section 1203.016 and administered by the Placer County Probation Department. Defendant wore an electronic bracelet, was removed from county jail, and was allowed to go to work, to report to the probation officer, and then to be…