IN THE DISTRICT COURT OF THE SECOND JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF LATAH
STATE OF IDAHO,
STEVEN JAMES SITLER,
CASE NO. CR 2005-02027
AFFIDAVIT OF DR. MARY PERRIEN
IN RESPONSE TO MOTION TO COMPEL
STATE OF IDAHO
COUNTY OF ADA
MARY PERRIEN, being first duly sworn on oath, deposes and says:
- I make this affidavit based upon my own personal knowledge.
- I am an employee of the Idaho Department of Correction (“IDOC”). My current position is Chief of Psychology for the IDOC.
- I am currently a licensed clinical psychologist in the state of California and have applied for endorsement (licensure) in Idaho. I have a Bachelor of Arts degree in Psychology from San Jose State University (1991), a Master of Arts in Clinical Psychology from the University of Hawaii (1994) and a Doctor of Philosophy in Clinical Psychology from the University of Hawaii (1998). I have provided mental health services to incarcerated individuals for approximately 12 years. During that time I have conducted assessments of and provided treatment for offenders convicted of sexual offenses.
- Prior to working for the IDOC, I served as a chief psychologist for the California Department of Correction. In that position, I was responsible for all mental health services and mental health related issues in a maximum security facility housing 5,200 male inmates. I supervised approximately 89 staff members, including psychologists, social workers and psychiatric technicians.
- In my present position with the IDOC, my duties include development, implementation and oversight of a comprehensive mental health services program, direct supervision of clinicians, and the provision of consultative services to security and non-clinical staff.
- In my present position, I am also familiar with the Sexual Offender Classification Board (“SOCB”) and its duties. The SOCB is part of the IDOC for administrative purposes. Among the duties of the SOCB is the responsibility to review offenders for possible designation as a Violent Sexual Predator (“VSP”). As part of the VSP review process, the SOCB relies on psychosexual evaluations in making its decision.
- I have reviewed the Motion to Compel filed by the Defendant in this action. In particular, I am aware of the Defendant’s request for the “testing and/or raw data generated by Mr. Cheney and/or others in connection with this SOCB evaluation.” Based on my professional and educational experience, I have several concerns about the disclosure of the testing/raw data generated in connection with the Defendant’s psychosexual evaluation. These concerns are identified in the following paragraphs.
- One of my concerns is that disclosure of the testing/raw data materials could result in the misuse or misrepresentation of the data from the test. In particular, the American Psychological Association’s (“APA’s”) Ethical Principles of Psychologists and Code of Conduct (“Ethics Code’’) provides as follows:
- 9.04 Release of Test Data
The term test data refers to raw and scaled scores, client/patient responses to test questions or stimuli, and psychologists’ notes and recordings concerning client/patient statements and behavior during an examination. Those portions of test materials that include client/patient responses are included in the definition of test data. Pursuant to a client/patient release, psychologists provide test data to the client/patient or other persons identified in the release. Psychologists may refrain from releasing test data to protect a client/patient or others from substantial harm or misuse or misrepresentation of the data or the test, recognizing that in many instances release of confidential information under these circumstances is regulated by law. (See also Standard 9.11, Maintaining Test Security.)
- In the absence of a client/patient release, psychologists provide test data only as required by law or court order.
9.11. Maintaining Test Security
The term test materials refers to manuals, instruments, protocols, and test questions or stimuli and does not include test data as defined in Standard 9:04. Release of Test Data, Psychologists make reasonable efforts to maintain the integrity and security of test materials and other assessment techniques consistent with law and contractual obligations, and in a manner that permits adherence to this Ethics Code.
APA Ethics Code (2002).
Another concern is that because the Defendant could potentially be reviewed again by the SOCB in the future, disclosure of the testing materials and data could undermine the integrity of any future testing and evaluations. Another one of my concerns stems from APA Ethics Code 9.07, Assessment by Unqualified Persons, which states:
Psychologists do not promote the use of psychological assessment techniques by unqualified persons, except when such use is conducted for training purposes with appropriate supervision. (See also Standard 2.05, Delegation of Work to Others.)
APA Ethics Code (2002). Under this standard, only individuals with specialized training and experience should ordinarily be allowed to receive specific testing materials/data. I am aware that the Defendant would like these materials disclosed to Dr. Greg Wilson, Wilson Psychological Services, 1240 SE Bishop Blvd., Suite Q, Pullman, Washington 99163. I have reviewed information via the Internet from the State of Washington, Department of Health — Health Professions Quality Assurance and the Association for the Treatment of Sexual Abusers (“ATSA”). Based on the information provided by these organizations via the Internet, Dr. Wilson is not identified as a person specializing in the assessment or treatment of sex offenders. Sex offender assessment and treatment is considered a specialization within psychology and requires additional education, training, and supervised experience under both APA and ATSA guidelines. In the absence of specialized training in the area of sex offenders, I am not certain that disclosure of the testing data materials to Dr. Wilson is appropriate or consistent with these guidelines.
Further your affiant sayeth naught.
DATED this 31st day of March, 2006.
SUBSCRIBED AND SWORN TO before me this 31st day of March, 2006.