California lawmakers are expressing outrage over a legal loophole that enabled former Kern County Supervisor Zack Scrivner to avoid jail time for felony child abuse charges.Scrivner, who was charged in February 2025, will enter a mental health diversion program instead of facing trial, a decision that has drawn sharp criticism from both sides of the political aisle.
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latimes.comnypost.comThe charges against Scrivner stem from allegations that he inappropriately touched one of his children while under the influence of drugs.Despite the serious nature of the accusations, a judge ruled in December 2024 that he could participate in a diversion program aimed at providing treatment for individuals with mental health disorders, rather than facing prosecution.
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latimes.comnypost.comAssemblymember Dr Jasmeet Bains (D-Delano) condemned the ruling, labeling it an "Epstein loophole," a reference to the infamous child sex offender Jeffrey Epstein.Bains emphasized that the mental health diversion program was intended to assist individuals needing treatment, not to serve as a means for serious offenders to evade justice.
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latimes.comnypost.comThe controversy surrounding Scrivner's case has highlighted broader concerns about the mental health diversion program established in California.Critics argue that the program, which was amended in 2018 and 2022, has been misapplied, allowing individuals charged with serious crimes, including child abuse, to escape accountability.
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latimes.comThe 2018 law aimed to keep homeless individuals out of jail and altered the criteria for mental health diversions.While it excluded those charged with murder, rape, and child sex crimes, it did not specifically exclude child abuse cases.The subsequent amendment in 2022 further complicated matters by allowing diversions if a diagnosed mental health disorder significantly influenced the alleged crime.
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latimes.comnypost.comKern County District Attorney Cynthia Zimmer, who is also Scrivner's aunt, recused herself from the case after alerting law enforcement to his actions.This familial connection has raised questions about potential favoritism in the handling of the case.
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latimes.comSheriff Donny Youngblood of Kern County expressed his frustration with the situation, stating that the decision to allow Scrivner to enter a diversion program undermines the seriousness of the charges against him.He noted that the investigation revealed Scrivner was armed and had been involved in a violent incident with his children, which included one child stabbing him during a psychotic episode.
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latimes.comnypost.comThe case has prompted lawmakers to call for reforms to the mental health diversion program.Senator Shannon Grove (R-Bakersfield) criticized the justice system for prioritizing the rights of offenders over the safety of vulnerable victims.She stated that the program must not erode accountability for violent crimes against children.
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latimes.comIn response to the growing outrage, several lawmakers have introduced bills aimed at modifying the mental health diversion law.Assemblymember Maggy Krell (D-Sacramento) previously attempted to exclude defendants charged with child abuse from qualifying for the program, but her efforts were unsuccessful.
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latimes.comMatthew Greco, a deputy district attorney in San Diego County, noted that the increasing number of mental health diversions granted since 2019 has led to skepticism about the program's effectiveness.He emphasized the need for a balance between public safety and treatment for those with mental health issues.
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latimes.comnypost.comAs the fallout from Scrivner's case continues, advocates for child welfare are calling for a thorough review of the mental health diversion program to ensure that it serves its intended purpose without allowing serious offenders to evade justice.The situation has sparked a broader conversation about the intersection of mental health treatment and accountability in the criminal justice system.
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latimes.comnypost.comIn a statement, Assemblymember Bains indicated that she has reached out to federal authorities to investigate whether Scrivner's actions violated civil rights statutes, highlighting the ongoing concern over the implications of his case for victims of abuse.
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latimes.comThe controversy surrounding Zack Scrivner's case serves as a stark reminder of the complexities involved in balancing mental health treatment with the need for accountability in cases of serious crimes, particularly those involving children.
