Sims

*107 California law provides that the death penalty shall be inflicted by either lethal gas or by "an intravenous injection of a substance or substances in a lethal quantity sufficient to cause death, by standards established under the direction of the Department of Corrections and Rehabilitation." ( Pen. Code, § 3604, subd. (a).) 1 The question in this case is whether that statute impermissibly delegates the Legislature's authority to non-elected agency officials. We *108 conclude the trial court properly sustained defendant's demurrer on the ground that section 3604 does not violate the doctrine of separation of powers. *303 I. BACKGROUND

Mitchell Sims and Michael Morales, who have been sentenced to death, and the American Civil Liberties Union of Northern California (collectively, plaintiffs) brought this petition for writ of mandate and complaint for declaratory and injunctive relief under the California Constitution against Scott Kernan, as Secretary of the California Department of Corrections and Rehabilitation (CDCR, or the Department) and the Department (collectively, defendants), alleging that section 3604 violates the separation of powers provision of the California…