A California lawmaker’s son is publicly criticizing his father after the elected official entered a mental health diversion program rather than serving jail time following allegations of abuse, as reported by The New York Post.
Robert Scrivner spoke during a press conference held by State Sen. Shannon Grove, who is pushing legislation to restrict the state’s mental health diversion law.
Robert Scrivner accused his father, Zack Scrivner, an elected official in Kern County, of assaulting him and his siblings and using what critics have labeled the “Epstein loophole” to avoid incarceration.
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“My own father, who is an elected official in Kern County, assaulted my siblings and myself and was granted mental health diversion,” Robert said during the press conference.
Zack Scrivner was charged in February 2025 with child abuse and possession of assault weapons, according to prior reports.
He avoided more serious child sexual assault charges after it was determined he was under the influence of drugs at the time. Instead, he entered a mental health diversion program under California law.
The allegations stem from an incident in April 2024, when Scrivner was accused of climbing into bed with a pre-teen child and touching her inappropriately.
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Under California’s mental health diversion statute, enacted in 2018, eligible defendants with diagnosed mental health disorders may receive treatment in place of jail time if approved by a judge.
The program was intended to provide treatment and rehabilitation in appropriate cases.
Critics, however, have argued that the law has been misapplied in certain cases, allowing defendants accused of serious crimes to avoid incarceration.
Some lawmakers have referred to the provision as the “Epstein loophole,” a term used in response to concerns that the diversion program can be used in cases involving allegations of sexual misconduct.
On Tuesday, Sen. Grove announced Senate Bill 1373, which would place limits on the types of crimes eligible for mental health diversion.
“My bill will ensure that those who commit violent crimes, such as attempted murder of a child, assault resulting in death, and domestic violence, are no longer eligible for a mental health diversion program,” Grove said.
Christina Scrivner, the estranged wife of Zack Scrivner, also spoke at the press conference in support of the proposed legislation.
“Faced with inexplicable trauma, my courageous children bravely and honorably shared the truth of their abuse,” Christina said.
“We tell our children to speak up, speak up for yourselves, tell the truth, be honest. My children were, and they did.
“Their answer to their plea, their cry for help, was a stark reality of a broken system under mental health diversion,” she added.
Assemblymember Dr. Jasmeet Bains, who has a background in family and addiction medicine, also weighed in on the controversy in a statement to the Los Angeles Times.
“I specialize in family and addiction medicine, so I know the value of mental health diversion,” Bains said.
“It was designed to help people get treatment and rehabilitation in appropriate cases, not to provide an escape hatch to sexually assault children,” Bains added.
“This Epstein loophole needs to be closed.”
The debate over the 2018 diversion law has intensified as lawmakers consider whether changes are needed to limit eligibility in cases involving violent or serious offenses.
Senate Bill 1373 seeks to narrow the scope of the program by excluding certain crimes from diversion eligibility.
As the proposal moves through the legislative process, the case involving Zack Scrivner has become a focal point in the broader discussion about the balance between mental health treatment and criminal accountability under California law.
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