BAKERSFIELD, Calif. (KERO) — A motion for mental health diversion was filed in the state's case against former Kern County Supervisor Zachary Scrivner. As reported on Monday, if the motion is granted, Scrivner may not serve any jail time.
The motion put forth by Scrivner's attorney H.A. Sala is sealed, meaning no information will be provided before the scheduled hearing on October 16.
Looking over the penal code associated with Pre-Trial Mental Health Diversion, if it's granted, it allows someone facing criminal accusations to seek mental health treatment if the court finds that the defendant has a mental health condition, such as bipolar disorder or schizophrenia, and it played a factor in what the defendant is accused of.
However, if the charge the defendant is accused of is something serious, like murder or child sexual abuse, the defendant is not eligible for pre-trial diversion.
Currently, Scrivner is facing 5 felony accusations, 3 for child cruelty, and 2 assault weapons charges. However, in the criminal complaint obtained by 23ABC regarding Scrivner, count one alleges that Scrivner "while responsible for the care of [redacted], defendant consumed mind and/or mood-altering drugs and substances, got into bed with [redacted] and subsequently touched [redacted] inappropriately."
Following the release of the complaint, many called into question the charges against Scrivner and the lack of a child sex abuse allegation, including state Assemblywoman Dr. Jasmeet Bains, who sent a letter to the State Attorney General's office asking, among several things, why child sexual abuse charges were not brought against Scrivner.
Soon after, the Attorney General's office responded, saying, "As in each case we undertake at the California Department of Justice, we seek justice guided by the facts and the law. Guided by these principles, we file charges that we have determined can be proven beyond a reasonable doubt."
Following the announcement of the pre-trial motion in Scrivner's case, Bains offered more commentary, calling it an "Epstein Loophole."
"They have left an Epstein loophole open in this case," Bains said. "Even if the DOJ was unsure they could prove every charge in court, they should still have brought charges reflecting the evidence in their complaint that alleges Mr. Scrivner 'got into bed with and subsequently touched [a child] inappropriately.' Failing to do so may result in no jury, no jail time, and no justice."
At the time of Bains' initial inquiry with the State Attorney General's office in May of this year, Sala told 23ABC he was shocked by the statement and that the facts of the case will come out in due process.
We reached out to Sala for comment on the pre-trial mental health diversion motion on Tuesday morning and did not hear back by news time.
This story was reported on-air by a journalist and has been converted to this platform with the assistance of AI. Our editorial team verifies all reporting on all platforms for fairness and accuracy.
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