Is direct restitution a criminal penalty beyond what a judge can impose?

that increase a crime's penalty beyond what a judge could impose based on the applicable statute and the facts in the record. (Blakely v. Washington (2004) 542 U.S. 296, 301, 124 S.Ct. 2531, [159 L.Ed.2d 403, 412] (Blakely ).) Since direct restitution is not a criminal penalty and is not subject to a statutory maximum amount, it is not subject to a jury trial and may be imposed based on the preponderance of the evidence.

[192 Cal.Rptr.3d 154]