Cases | In re D.G.W., 361 A2d. 513 (N.J. 1976) | 2018
Four juveniles were charged with participating in breaking and entering, theft, and destruction of property therein. Guilty pleas were entered by agreement to three of the charges, and the court ordered restitution as a condition of probation. The restitution amount was evenly divided into quarters, without any hearing or forum to challenge the determination of the restitution amount. One of the juveniles challenged the trial court's jurisdictional authority to order restitution. While his appeal was pending, the New Jersey Supreme Court granted certification. The state supreme court affirmed that restitution was within the jurisdictional authority of the juvenile court and remanded the case for re-establishment of restitution as a condition of probation. The court reasoned that the denial of the juvenile court's inherent power would have thwarted the rehabilitative aspect of restitution serving the public interest. The court further determined, however, that due process required that the juvenile was entitled to a summary hearing with an opportunity to challenge the rebuttable presumption of proportionate liability against him.