BAKERSFIELD, Calif. (KERO) — Former Kern County Supervisor Zack Scrivner has been granted his motion for mental health diversion following arguments from his attorney H.A. Sala and the Attorney General's Office.
The motion was filed after the AG's Office filed their criminal complaint stating Scrivner, under the influence of mind-altering substances, inappropriately touched a child on April 23, 2024. The complaint also alleged he illegally possessed AK-47 and AR-15 style weapons.
Scrivner is charged with three felony counts of child cruelty and two felony counts of illegal possession of assault rifles.
During the hearing, Sala pointed out that Scrivner was not charged with any sex crimes in this case, nor did the AG's Office offer any report to refute their mental health diagnoses.
"Scrivner was diagnosed with depression, anxiety and alcohol use disorders, and saw medical professionals before the incident," Sala said.
The prosecutor said after the hearing that it was disappointing.
In her ruling, the judge said there is a strong legislative preference for mental health diversion when a defendant is eligible. She said Scrivner did provide evidence qualifying for a mental health disorder, and it was a significant factor in the offense to the doctor who examined him.
Moving forward, Scrivner will have to continue with treatment at a psychiatric wellness clinic, maintain sobriety and undergo random testing. A status hearing is scheduled for January 29.
"If he's in compliance with treatment and the court is satisfied through periodic evaluations, the charges will eventually be dismissed," Sala said.
Diversion can last up to two years, but it could be much shorter than that.
Everything regarding the case expect the criminal complaint sent by the CA Attorney General Office has been sealed, meaning no information will be provided.
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