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California Gov. Gavin Newsom has finally signed legislation cracking down on the“Epstein loophole”that critics said allowed convicted child abusers and other serious offenders to avoid prison through the state’s mental health diversion program.
As part of a broader package of legislation and budget measures signed last week, Newsom narrowed the state’s law, which has been in effect since 2018.
Under the original law, judges were generally required to grant diversion to eligible defendants if a qualifying mental illness significantly contributed to the crime and the defendant was not deemed an unreasonable risk to public safety.
Those accepted into diversion programs could avoid jail time by completingcourt-approved mental health treatment. Under the new law, diversion is no longer presumed for eligible defendants.
Instead, judges now have full discretion to determine whether placing someone in community-based treatment would endanger public safety, including whether it could increase the likelihood of physical injury or other serious harm to others.
“California believes treatment and accountability go hand in hand. We are proud to preserve mental health diversion for people who can benefit from it while ensuring judges have the discretion they need to protect victims, safeguard communities, and make decisions based on the full picture before them,”Newsom said in a statement.
The measure received sweeping bipartisan support, with backers arguing the previous law stripped judges of their discretion by forcing them to grant diversion even when they believed it was inappropriate.
“Even if a judge believes diversion is not appropriate, they may still be forced to grant it,” bill author Assemblymember Stephanie Nguyen, an Elk Grove Democrat, said in a statement supporting the legislation. “That’s not justice. It’s not fair to victims, and it’s not fair to communities who expect the courts to keep them safe.”
The push to overhaul the law came after several cases sparked outrage across California.
Among the most prominent wasformer Kern County Supervisor Zack Scrivner, who was charged in February 2025 with felony child abuse and possession of assault weapons.
Prosecutors also alleged Scrivner climbed into bed with a child while under the influence of drugs and touched the child inappropriately, though he was not charged with child sexual assault.
The case ignited renewed criticism of the diversion law, with opponents branding it the “Epstein loophole” and arguing it had become a get-out-of-jail-free card for dangerous offenders.
The backlash intensified after Scrivner’s son, Robert Scrivner, publicly denounced his father and the law that allowed him to avoid jail.
Speaking at a February press conference hosted by state Sen. Shannon Grove, Robert called California’s mental health diversion law a “flawed system.”
