Probation and Parole
“Two out of every three convicted offenders are on probation, yet probation budgets account for only 10 percent of the entire correctional budget. As a result of a severe shortage of probation officers over the years, the quality of supervision seems to have diminished or been replaced all together by technological devices.” This is according to Alarid.
This may just be the reason behind the implementation of probation subsidies. A probation subsidy is a state grant which is given in order to encourage the granting of probation for future offenders. The state reimburses the county for the offenders placed on probation, instead of being placed in state prison.
“according to the probation subsidy that was enacted by the legislature in 1965, it marked the turning point in a trend of increasing commitments which was prevalent ever since the youth Authority was established in as a separate agency in 1941. The probation subsidy was designed to give the counties an incentive to reduce commitments to state institutions, both youth and adults by providing them with funds to improve their probation services in the community. Results since 1966, when the program started, have exceeded all expectations. At present, over 17,000 probationers, approximately one-tenth of the state’s ( California) total on probation, are in special supervision programs financed by probation subsidy.”
“Probation as it is known today evolved out of the ancient precedents in England and the United States that were devised to avoid the mechanical application of the harsh penal codes of the day”
Judiciary is the system of courts that interprets and applies the law in the name of the state. It is responsible for providing a mechanism for the resolution of disputes. It is also the branch of the government that interprets the law and applies it to the facts of each case. Probation is a sentencing alternative that provides selected offenders the opportunity to serve a criminal sentence in the community under the supervision of a probation office.
In a legal sense, an offender on probation is ordered to follow certain conditions set forth by the court, often under the supervision of a probation officer. In this sense, it is only right to testify that probation is definitely under the judicial branch of the government since It is the courts that decide if an offender should be put on probation or should be sentenced to prison. Also the probation officers hired to supervise the people on probation are working under the judicial wing. Both the courts and these probation officers are under the judicial wing of the government.