People v. Cook

Opinion

COTTLE, P. J.

In this case we hold that time spent at home in an electronic monitoring program as a condition of probation does not qualify for good conduct credits upon revocation of probation.

Defendant Stephen Nelson Cook appeals from a judgment of imprisonment for false imprisonment (Pen. Code, §§ 236-237 [case No. 112367]) and petty theft with a prior (Pen. Code, §§ 484, 666 [case No. 137753]). We affirm the judgment.

[1469]

Defendant was originally granted probation in each felony case. One of the conditions of probation in case No. 112367 was that he spend time at home in the electronic monitoring program. After defendant admitted violating probation, his probation was revoked in both matters. In case No. 112367, defendant was sentenced to three years in state prison. In case No. 137753, he was sentenced to a two-year concurrent term. In case No. 112367, he received credit for 363 days of actual time served, which included 212 days for time spent in the electronic monitoring program. The court awarded defendant additional credit for good conduct pursuant to Penal Code section 4019 for the time he spent in the county jail. However, it concluded that defendant was “not entitled” to “good time/work time credits in the amount of 106 days as a result of 212 actual days in the electronic monitoring program.”

The underlying facts in both cases are not relevant to the disposition of this appeal and need not be discussed herein.

Defendant contends that because he “was in a custodial setting when he participated in the E.M.P. program[,] . . . he is entitled to good time/work time credit during his period of confinement.”

Defendant concedes that “[entitlement to good time/work time credit is statutorily authorized in Penal Code Section 4019,” that section 4019 “provides that a person confined or committed to a ‘county jail, industrial farm, or road camp, or any city jail, industrial farm, or road camp’ is entitled to an additional two (2) days credit toward any commitment for every (4) days actually served,” and that “[a]t first blush it would appear that since an electronic monitoring program commitment is not one of the confinements listed in Section 4019, that no good time/work time credit is awarded.”