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HOUSE DOCKET, NO. 3822 FILED ON: 1/20/2023
HOUSE . . . . . . . . . . . . . . . No. 2333
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Carlos González and Judith A. Garcia
_________________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act to establish the Massachusetts incarcerated individual bone marrow and organ donation
program.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Carlos González10th Hampden1/19/2023Judith A. Garcia11th Suffolk1/20/2023Bud L. Williams11th Hampden1/20/2023Russell E. Holmes6th Suffolk1/25/2023 1 of 2
HOUSE DOCKET, NO. 3822 FILED ON: 1/20/2023
HOUSE . . . . . . . . . . . . . . . No. 2333
By Representatives González of Springfield and Garcia of Chelsea, a petition (accompanied by
bill, House, No. 2333) of Carlos González, Judith A. Garcia and others for legislation to establish
an incarcerated individual bone marrow and organ donation program within the Department of
Correction. Public Safety and Homeland Security.
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
_______________
An Act to establish the Massachusetts incarcerated individual bone marrow and organ donation
program.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. Chapter 127 of the General Laws is hereby amended by adding the
2following text after the word “petition”:-
3 Section 170. (a) The Commissioner of the Department of Corrections shall establish a
4Bone Marrow and Organ Donation Program within the Department of Correction and a Bone
5Marrow and Organ Donation Committee. The Bone Marrow and Organ Donation Program shall
6allow eligible incarcerated individuals to gain not less than 60 and not more than 365 day
7reduction in the length of their committed sentence in Department of Corrections facilities, or
8House of Correction facilities if they are serving a Department of Correction sentence in a House
9of Corrections facility, on the condition that the incarcerated individual has donated bone
10marrow or organ(s). 2 of 2
11 (b) The Bone Marrow and Organ Donation Committee shall consist of five members: The
12Commissioner of the Department of Correction or their designee who will act as chair of the
13committee; the Medical Director of the Department of Corrections or their designee; a Bone
14Marrow and Organ Donation Specialist from a hospital within the Commonwealth or their
15designee; a representative of an organization advocating for bone marrow donations within the
16Commonwealth or their designee; and two appointments shall be made by the Governor to serve
17three-year terms and one of whom shall be a board member of an advocacy group advocating for
18the rights of incarcerated individuals, and one of whom shall be from the Massachusetts District
19Attorney’s Association. The Bone Marrow and Organ Donation Committee shall be responsible
20for the effective implementation and ongoing administration of the incarcerated individual Bone
21Marrow and Organ Donation program. The Bone Marrow and Organ Donation Committee shall
22also be responsible for promulgating standards of eligibility for incarcerated individuals to
23participate and the amount of bone marrow and organ(s) donated to earn one’s sentence to be
24commuted. Annual reports including actual amounts of bone marrow and organ(s) donated, and
25the estimated life-savings associated with said donations, are to be filed with the Executive and
26Legislative branches of the Commonwealth. All costs associated with the Bone Marrow and
27Organ Donation Program will be done by the benefiting institutions of the program and their
28affiliates-not by the Department of Correction. There shall be no commissions or monetary
29payments to be made to the Department of Correction for bone marrow donated by incarcerated
30individuals.