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February 1, 2023

New Massachusetts bill provides sentence reductions for when "incarcerated individual has donated bone marrow or organ(s)"

The comments to this blog have been, as the kids like to say, "on fire" lately.  And I suspect and hope lots of different folks will have lots of different opinions to share (respectfully) about a new bill introduced in The 193rd General Court of the Commonwealth of Massachusetts.  Specifically, as reported in this Insider article and detailed in the bill available at this link, some legislators in Massachusetts have introduced a proposal that provides a notable new way for incarcerated individual reduce a term of imprisonment.  The headline of the press piece notes the essentials: "A proposed Massachusetts bill would give inmates up to a year off their sentence — if they donate their organs."  Here are more of the particulars:

Forget sentence reductions for good behavior: With a proposed bill making its way through the Massachusetts legislature, inmates could receive up to a year off their jail sentence by donating their organs.

Bill HD.3822, called the "Act to establish the Massachusetts incarcerated individual bone marrow and organ donation program," would allow eligible incarcerated people to receive no fewer than 60 but no more than 365 days off their sentences for donating their marrow or organs. It has not passed through the Massachusetts House of Representatives.

The act, if passed, would create a five-person panel to oversee the implementation of the program, made up of two Department of Corrections officials, an organ donation specialist from a state hospital, and two advocates focusing on organ donation and prisoners' rights. The panel would determine eligibility standards and file reports of annual donations and "estimated life-savings associated with said donations." "There shall be no commissions or monetary payments to be made to the Department of Correction for bone marrow donated by incarcerated individuals," the proposed text reads....

State Rep. Judith Garcia, one of the co-sponsors, explained the proposal with an infographic on Twitter, saying the Massachusetts organ donation waiting list has nearly 5,000 people on it, disproportionately impacting Black and Hispanic residents, with no existing path to organ donation for incarcerated people, even if a relative were in need of a donation. The bill would "restore bodily autonomy to incarcerated folks by providing opportunity to donate organs and bone marrow," the graphic read.

"It seems like something out of a science fiction book or horror story," Kevin Ring, president of the nonprofit organization Families Against Mandatory Minimums, told Insider. "It's just this sort of idea that we have this class of subhumans whose body parts [we] will harvest because they're not like us or because they're so desperate for freedom that they'd be willing to do this."

Ring, a former lobbyist who served 20 months in federal prison on public corruption charges as part of the Jack Abramoff lobbying scandal, said he would have considered doing anything to reduce his sentence while he was incarcerated, making the whole thing feel like a coercive idea that "preys on that desperation." "In most state systems, you earn good time credits from participating in programming that is intended to reduce your risk of reoffending, so those things make sense," Ring said, listing examples like drug treatment programs and job training to show initiative and work toward rehabilitation. "Those are things that are at least connected, relevant, to releasing them early. This one seems like it's not, though and it just begs the question, like, how about two years off for a limb, for an amputee? What's going on here? It's dark."

In an email sent to Families Against Mandatory Minimums and reviewed by Insider, a cosponsor of the bill, State Rep. Carlos Gonzalez, told Ring the legislation would "only establish support to those incarcerated and provide guidelines, clarity, and transparency for a potential life-saving voluntary deed."...

Prisoners' Legal Services of Massachusetts, a legal aid group, said in a statement to Insider that the intent behind the bill made sense to try to address issues of racial inequity and the need for organ donation, but didn't appear to be a comprehensive solution due to the risk of coercion....

Ring told Insider he doesn't think it's likely the bill will become law, given an especially negative response to it on social media. "We're in the criminal justice movement, we appreciate that people make mistakes," Ring told Insider. "I can't believe these people are some sort of Frankenstein monsters, I think they just goofed. They're probably well-intentioned, but it's just a disastrous idea."

I am eager to hear all sorts of comments any aspects of this bill, but my first question is whether anyone thinks this proposal would be unconstitutional. I suspect lots of folks may have strong thoughts about whether this bill is good or bad policy, but I would be interested to hear if anyone have a strong constitutional take as well.

February 1, 2023 at 03:43 PM | Permalink

Comments

No way. Far too Chinese for me.

Posted by: TarlsQtr | Feb 1, 2023 3:49:19 PM

I agree with TarlsQtr and my amicable opponent Kevin Ring. The risk of coercion or something that smells like coercion is too high. And the whole thing creeps me out.

Posted by: Bill Otis | Feb 1, 2023 5:04:13 PM

Ick.

To play devil's advocate, are people more open to the marrow donation half of it, especially if limited to donations of peripheral blood stem cells rather than a traditional marrow donation? I'm having a hard time coming up with a clear principled way to distinguish that from inmate firefighters who get credit off their sentences (although maybe that shouldn't be allowed either....)

Still, ick.

Posted by: Jason | Feb 1, 2023 5:28:44 PM

I’ve long thought that every death row inmate should be asked if they’d like to be a donor…- No strings attached. Either you will or won’t.

Posted by: Shanta | Feb 1, 2023 6:34:14 PM

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