Mistaken prison releases are rare
State and county jails across Pa. have few such incidents, but Delco has had at least 5 since May.
Lancaster County prison officials use an iris scanner to identify inmates so there is no mistaking who walks out the door.
In Bucks County, a supervisor triple-checks paperwork to avoid errors; Montgomery County requires at least two corrections officers to discharge a prisoner.
In Chester County, inmates wear photo identification cards.
Even with those measures, wardens say mistaken releases happen, though rarely - no more than one a year from each county jail.
Prison officials in Philadelphia and its Pennsylvania suburbs say they have not had the kinds of problems with mistaken releases that Delaware County has had; at least five inmates have been released in error there since May.
Montgomery County has had only one mistaken release in the last 15 years; Chester County has had one in the last two years; and Bucks and Philadelphia officials say about once a year prisoners in those counties are let out of jail too early.
Delaware County officials would not confirm the exact number of inmates mistakenly released in 2010.
One of those inmates, David Wilson, who was convicted of firearms offenses, is still at large, according to the District Attorney's Office.
Robert DiOrio, solicitor for the Delaware County Board of Prison Inspectors, declined to discuss how the jail identifies inmates, citing security reasons.
Delaware County officials say the mistaken releases resulted from paperwork errors and confusion over inmates' identities. They said they were trying to correct the problem with tighter procedures and more staff.
The Inquirer, which in July requested the number of mistaken releases under the state's Right to Know Act, is appealing Delaware County's decision to withhold the information.
The county prison has been operated by the private Community Education Centers Inc. of New Jersey since January 2009.
Across the country, prisons in New Mexico, Maryland, Rhode Island, Florida, and California all mistakenly released prisoners over the summer.
The Toronto Star reported that 143 inmates were incorrectly released from Ontario correctional facilities over the last eight years.
Though prisons in Pennsylvania report escapes and the number of inmates who walk off while on work release, there is no statewide reporting of mistaken releases.
Republican State Rep. Stephen Barrar, whose district includes prisons in Delaware and Chester Counties, thinks that may need to change.
"There has to be some type of reporting done," he said. Just as "county health departments have to report sexually transmitted diseases, I would think that prison releases and escapes should be reported on a state level."
The Pennsylvania Department of Corrections tracks "erroneous releases" at state prisons. The figures include inmates who are mistakenly kept beyond their release date, according to spokeswoman Susan McNaughton.
Since January 2009, there have been four incidents, all related to paperwork errors. The state has 51,000 prisoners in custody, she said.
Though each county sets and follows its own procedures, many have similar processes for release.
"Someone is always double-checking and triple-checking who is walking out the door," Bucks County warden Harris Gubernick said.
When Bucks County releases an inmate, a document, usually from the clerk of courts, is sent to the prison authorizing the discharge. At that point, clerical and correctional staff check a computer database to ensure that the inmate is not wanted in any other jurisdiction.
The inmate is then summoned with all of his or her belongings. Identity is verified through the inmate's photo identification bracelet and the prison computer. The inmate is dressed in street clothes, allowed to call for transportation, and then sent home.
Mistakes can happen when sentences are miscalculated, warrants or detainers are not found until after release, bail is misapplied, or handwriting is misinterpreted, according to officials in various counties.
"Perfection is what we have to strive for," said Vincent A. Guarini, warden of the Lancaster County Prison, where the iris-scanning system costs $20,000 a year and is 600 times more accurate than fingerprints.
"Will [another mistaken release] happen? Hopefully it won't. But it can . . . it will."