State of New Jersey, Plaintiff-Appellant v. Barbara Ann Harris, Defendant-Respondent

Summary

The Supreme Court of New Jersey affirmed the Appellate Division's decision vacating the restitution condition imposed on the defendant, holding that the restitution order violated due process because the court failed to provide the required hearing and factual basis. The Court also clarified that restitution is a permissible condition of probation and that the amount of restitution need not be proved by a preponderance of the evidence. It declined to remand for a summary hearing, finding the restitution condition excessively punitive under the circumstances.