Charles v. Com.

LACY, Justice.

In this appeal, we consider whether participation in the Detention Center Incarceration Program (the Program), Code § 19.2-316.2, *433 is incarceration and whether a probationer is entitled to credit for time served in the Program when his probation is later revoked.

Facts

On October 16, 1997, Atif A. Charles was sentenced to five years imprisonment with four years suspended following his conviction for possession of heroin with the intent to distribute, under Code § 18.2-248. After serving his one-year active sentence, Charles was placed on probation. When he violated conditions of…