BOP Program Statement 6031.06 § 33

a. Living Donation. The Bureau will consider requests from currently incarcerated inmates

who seek approval to donate an organ(s) to a known recipient or an organ exchange program.

Requests for organ donation must be initiated by the inmate, authorized next of kin, or power of

attorney. The Bureau will not compel an inmate to be a live or posthumous organ donor. Upon

explicit desire from an inmate, the requests will be considered, but the following conditions

apply:

 The medical costs of organ donation procedures, including pre-donation testing,

harvesting procedure, and postoperative care are the responsibility of the organ recipient,

or responsible adult if the recipient is a minor child. Travel for the inmate donor to the

medical facility where the donation will occur, by Correctional Services or guard

services, and applicable costs incurred by the U.S. Marshals Service can be covered by

the Bureau with approval by the Director of the Bureau.

 The inmate must sign a statement indicating the desire to donate an organ to the known

recipient or organ exchange program. The consent must include the inmate:

 Understands the risks of the surgery

 Agrees of their own free will

 Provides evidence that recipient inmate funds (e.g., health insurance) are available to

cover pre-donation testing, harvesting procedure, and post-operative care

The CD will review documentation from the transplant specialists verifying the inmate is a

suitable donor, estimating the pre- and post-operative length of stay, and detailing the plan for

follow-up care. This information, the inmate statement described above, and a memorandum

from the CD will be forwarded to the RMD for review, with a copy of the memorandum sent to

the Warden and the Regional Director. The memorandum will be completed with the following

information:

 Name of the recipient needing organ donation

 Diagnosis causing organ failure and the specific organ needed

 Summary of the inmate donor’s pertinent medical history

 Summary of inmate history – crime, sentence, projected release date (PRD), custody

level, security level, and disciplinary history

If the RMD concurs with the donation, the packet will be forwarded to the Medical Director for

final review and approval.

It is the inmate’s responsibility to provide/request documentation from the transplant specialist

with assistance from Health Services staff (e.g., Health Information Management staff), as

appropriate.

If an inmate is appropriately designated as community custody, the inmate may request

consideration for medical furlough in accordance with the Program Statement Inmate

Furloughs.

The local institution will coordinate activities such as transportation, custody, classification,

compatibility determinations, evaluation, hospitalization, furlough status, etc.

Inmates are authorized to donate blood or blood products (e.g., through a blood drive) with

Warden approval. Bone marrow transplants may also be considered.

6031.06 6/22/2026 PROPERTY OF US GOVERNMENT 46

Inmates may specify instructions in a properly executed advance directive that they wish to be

posthumous organ donors. In the event an inmate is terminally ill or has an irreversible

condition, and they are in the care of a community hospital with organ donation capabilities, the

Medical Director may approve the harvest of the organ(s).

b. Posthumous Organ Donation. If an inmate without an advance directive for posthumous

organ donation is terminally ill or has an irreversible medical condition, the inmate or next of kin

may request posthumous organ donation. If an inmate cannot give consent for a posthumous

donation, or a next of kin cannot be located to provide consent, the organs may only be recovered

if there is a valid, legally executed advance directive or living will, or if the intent to donate is

explicitly documented on the inmate’s driver’s license or other legally recognized government-issued identification, in accordance with applicable state and federal laws.

When posthumous organ donation is determined to be consistent with the documented wishes of

the inmate or authorized decision-maker and is medically appropriate in accordance with

community standards and transplant center requirements, the donation process may proceed in

coordination with the appropriate organ procurement organization and transplant center,

consistent with Bureau policy and applicable laws.

Facilities shall ensure their institution supplement covering serious illness, serious injury, and

death includes procedures governing posthumous organ donation that comply with applicable

state and federal laws, regulations, and accepted community standards of medical practice.

The Medical Director shall be notified after completion of organ recovery (harvest) for any

posthumous organ donation conducted under this program statement.

Transplant surgical consultants may provide clinical recommendations regarding organ donation;

however, such recommendations do not obligate the Bureau to proceed with donation.

Any circumstances not addressed by the above stipulations or institution supplement shall be

referred to the Medical Director for review and determination.