Legal Question in Criminal Law in California

There is no legal right to home detention. The judge can decide, within a certain range, what your punishment should be; you can ask for home detention but have no right to it. As you failed to complete a different program but which has the same general purpose as home detention [not use up jail space], why do you think the judge would trust you this time again to follow the rules?

Terms of probation or sentencing are entirely up to the judge, based upon his assessment of you, your attitude, your rap sheet, and the likelihood of the terms being 'useful' to your rehabilitation and the benefit to society. If you don't agree to the terms of probation offered, don't agree -- serve your jail time instead. You have no say in sentencing after conviction.