BAKERSFIELD — Attorneys for former Kern County Supervisor Zack Scrivner filed a motion for enrollment in a mental health diversion program that, if granted, could land him in a treatment program in lieu of potential prison time.
Scrivner is facing three charges of child cruelty and two charges of illegal possession of firearms, all felonies, stemming from an April 2024 incident at his Tehachapi home. He has pleaded not guilty to all charges.
The motion for mental health diversion is confidentially filed under seal, according to the Kern County Superior Court. The next hearing in the case is set for Oct. 16.
Scrivner’s attorney, Bakersfield criminal defense lawyer H.A. Sala, did not immediately respond to request for comment on Tuesday.
A complaint filed by the state Department of Justice alleges Scrivner got into bed with and inappropriately touched a child while under the influence of mood-altering drugs.
It also says he hurt two minors during a struggle to prevent him from harming himself with a firearm and that he was found to be in possession of an AK-47 style rifle and an AR-15 style rifle.
The state took over prosecution of the case because Kern County District Attorney Cynthia Zimmer is Scrivner’s aunt.
Following news of the motion’s filing, Assemblywoman Dr. Jasmeet Bains’ office released a statement criticizing the move.
“There is no mental health condition that forces someone to touch a child inappropriately,” Bains, D-Bakersfield, said in a statement.
“If these allegations are true and treatment is warranted, that care can be delivered behind bars. If the allegations are not true, why ask for diversion?”
Bains, a medical doctor, previously released a statement criticizing the state DOJ for not pursuing child sexual abuse charges against Scrivner. The state penal code covering mental health diversion prevents a defendant from being placed in a program in certain cases, including a lewd or lascivious act on a child under 14 years of age.