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Austin Sarat, William Nelson Cromwell Professor of Jurisprudence and Political Science, Amherst College

Prisoners donating organs to get time off raises thorny ethical questions

Prisoners at a yard at the Nebraska State Penitentiary in Lincoln, Neb. AP Photo/Nati Harnik

In January 2023 two Democratic representatives, Judith Garcia and Carlos Gonzalez, proposed a bill that would offer prisoners in Massachusetts a new way to win reduction in their sentences: by donating their bone marrow or vital organs.

The bill stated that the commissioner of the Department of Corrections should establish both a bone marrow and organ donation program within the department and a committee focused on bone marrow and organ donation that would set eligibility standards for inmates interested in the program. While forbidding commissions or monetary payments for donors, it stated that prisoners could “gain not less than 60 and not more than 365 day reduction in the length of their committed sentence” if they donated bone marrow or an organ.

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