BAKERSFIELD, Calif. (KERO) — California’s Department of Justice is asking an appellate court to overturn a judge’s decision granting mental health diversion to former Kern County Supervisor Zack Scrivner, arguing the ruling should have been denied based on weapons charges filed in the case.
In a writ filed with the 5th District Court of Appeal, the state contends a Kern County judge erred in granting diversion, writing that “no reasonable factfinder could conclude that the presumption was not rebutted as to counts 4 and 5,” referring to charges alleging possession of illegal assault weapons.
The writ outlines five total charges against Scrivner, including felony child abuse. Prosecutors allege Scrivner consumed mind-altering substances, got into bed with a child and touched the child inappropriately.
State attorneys argue that because Scrivner should have been ineligible for diversion on the weapons charges, “diversion on any of the charges in the accusatory pleading — including the child abuse charges — was inappropriate.”
The filing further states Scrivner’s mental health disorders “had no relationship to his possession of two illegal unregistered assault weapons,” concluding the trial court’s decision was in error and that a writ of mandate should be issued.
Scrivner’s attorney, H.A. Sala, disputed the petition, saying the state “has no authority to support their argument” and citing judicial discretion in mental health diversion decisions.
The case has also prompted legislative action. Assemblymember Dr. Jasmeet Bains, D-Delano, announced a three-bill package dubbed the “Lords of Bakersfield” package, directly referencing the Scrivner case and other high-profile sex crime prosecutions.
The package includes the SCRIVNER Act, which would expand prohibitions on mental health diversion, require more rapid prosecution of elected officials investigated for child sex crimes and remove certain legal barriers that could affect charging decisions. Another proposal, the Mental Health Diversion Reform Act, would prohibit courts from granting diversion solely based on a diagnosis, require a written evaluation from a qualified practitioner and bar diversion for certain serious or violent felonies.
“We are watching mental health diversion be weaponized to shield abusers,” Bains said in a statement.
State Sen. Shannon Grove also issued a statement supporting reforms, saying she is advancing legislation “to fix a broken mental health diversion system, so victims of heinous crimes receive the justice they deserve.”
No hearing date has been set for the appellate petition. If the ruling is upheld, Scrivner will continue in the mental health diversion program and the charges could be dismissed if he successfully completes it.
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