Massachusetts prison inmates could donate organs for reduced sentences under proposed law

Newly proposed legislation in Massachusetts would grant early release to prison inmates who donate organs or bone marrow.

If enacted, the bill would shorten sentences by up to one year for qualified incarcerated individuals “on the condition that the incarcerated individual has donated bone marrow or organ(s),” the proposed legislation reads.

The bill was put forward in the Massachusetts state legislature on Jan. 20 by Reps. Carlos Gonzalez and Judith Garcia and cosponsored by three other representatives.

“In my view, there is no compelling reason to bar inmates from this,” Gonzalez said in a statement provided to McClatchy News. “Broadening the pool of potential donors is an effective way to increase the likelihood of Black and Latino family members and friends receiving life-saving treatment.”

Garcia tweeted an infographic on Jan. 27 that stated, “There is currently no path to organ or bone marrow donation for incarcerated folks in MA — even for relatives,” adding that her proposed legislation would “restore bodily autonomy to incarcerated folks by providing opportunity to donate organs and bone marrow.”

“Nearly 5,000 MA residents are currently awaiting organ transplants,” she wrote.

Her statement was roundly criticized online and was referred to as “coercive” and “dystopian” by several commentators.

“I don’t know Rep García but ‘Organs for reduced prison time’ is one of the most horrific policy ideas I have ever heard of,” one Boston resident said on Twitter.

Jesse White, the policy director for the Prisoners’ Legal Services of Massachusetts, told McClatchy News in a statement that “PLS is in touch with the bill sponsors and is cognizant of the significant problem they have identified — racial inequity in our health system that has left BIPOC communities disproportionately impacted by organ and marrow shortages.

“However, we are concerned regarding the potential for coercion and impact of inadequate medical care in carceral settings. We believe the solution must target the underlying structural problems leading to health disparities, including ongoing needless incarceration of so many who could live freely and safely in our communities.”

In addition to its ethical dubiousness, the bill might violate federal law. The National Organ Transplant Act, passed in 1984, criminalizes giving or receiving any human organs for “valuable consideration.”

South Carolina state legislators considered a similar bill in 2007, though a debate on reduced sentences was postponed due to concerns about potentially breaking federal law, according to the Associated Press.

Gonzalez said the program could still be established without the sentencing component.

“We are open to having discussions, throughout the course of the legislative session, on whether a sentence reduction component is appropriate,” he said.