BAKERSFIELD, Calif. (KERO) — In response to a judge granting mental health diversion to former Kern County Supervisor Zack Scrivner, a state lawmaker is drafting legislation to tighten eligibility for the program while a local victims advocate has launched an online petition urging the decision be appealed.
Local Assemblywoman Dr. Jasmeet Bains is again criticizing the California Attorney General’s Office for not charging Scrivner with a sex crime.
“Look, in this situation, again, I want to reiterate — the charges should have been made, and they were not made,” Bains said.
Bains said she is drafting legislation aimed at closing what she described as a loophole in the state’s mental health diversion law, which allows certain defendants to receive treatment instead of jail time.
“I’m working up on a draft right here — I have it on my desk right now — to close this Epstein loophole that was created,” Bains said. “This is what the people elected me to do: to hold perpetrators accountable and close these dangerous loopholes. Mental health diversion was not meant for people to get away with sexually abusing children. This is a disgrace.”
During the initial press conference for the incident, Kern County Sheriff Donny Youngblood described Scrivner’s alleged actions on the night in question as molesting his 8-year-old daughter. During the motion hearing and in the complaining documents, Deputy Attorney General Joseph Penney confirmed these allegations. Despite those descriptions, the Attorney General’s Office did not charge Scrivner with a sex crime.
Had Scrivner been charged with a qualifying sex offense, he would not have been eligible for mental health diversion under state law.
Local Congressman David Valadao also calling for transparency on the matter, in a statement saying:
“Crimes involving the sexual or physical abuse of a child represent some of the most horrific violations imaginable. In light of the serious allegations involving Zach Scrivner, there must be full transparency and accountability for how this case was handled. Democrats in Sacramento could fix this problem tomorrow, but choose not to. In the absence of their leadership, the U.S. Department of Justice should step in to review the charges, the legal decisions that were made, and whether justice was adequately served.”
Outrage over the decision has also sparked action from local victims advocates. Lauren Skidmore, CEO of the Open Door Network, has launched an online petition calling for the diversion to be appealed.
“Using mental health diversion to avoid accountability for child abuse or sexual assault is disgusting,” Skidmore said.
She warned the diversion could have lasting consequences beyond the current case.
“This diversion could result in a sealed record, no sex-offender registration, and no lasting accountability,” Skidmore said. “Essentially, this crime could be swept under the rug. That’s unacceptable for something this serious.”
Skidmore said she wants to see not only an appeal in Scrivner’s case, but also legislative changes that would make child abuse ineligible for mental health diversion.
“Victims also need a voice in these decisions,” she said. “In this case, the victims had no opportunity to speak before diversion was granted.”
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