Did the Pennsylvania High Court unconstitutionally permit the statutory construct at 61 Pa.C.S.A. § 4105 to grant the executive branch carte blanche sentencing discretion

QUESTIONS PRESENTED FOR REVIEW 1 Did the Pennsylvania High Court unconstitutionally permit the statutory construct at 61 Pa.C.S.A. § 4105 to grant the executive branch carte blanche sentencing discretion for the State Drug Treatment Program as the Court misapplied and misconstrued the statute to be constitutional when it removes the sole power of the judiciary to determine eligibility at sentencing for a restorative sanction program /accelerated rehabilitative disposition placing this statute clearly in violation of the separation of powers doctrine based upon the express and plain language of the statute? . (Proposed Answer in the Positive) II. Did the Pennsylvania High Court unconstutionally permit the Department of Corrections to implement a modified sentencing statute, 61 Pa.C.S.A. § 4105, that granted unfettered discretion of retroactive application of a statute by improperly spliting what is, or should be, a single statute with connected parts in violation of the mandate against ex post facto laws in accordance with the long standing holding in Calder _v. Bull, 3_U.S. 386 (1798) and this Court's recent decision in Pennsylvania v. Muniz, 138 S.Ct. 925 (2018)? (Proposed Answer in the Positive) Ill. Did the Pennsylvania High Court unconstitutionally permit Mr. Bouie's unalienable right to challenge actions of the executive branch in violation of the Due Process Clauses of both the Pennsylvania and United States constitution when 37 Pa.Code § 93.9 permits an inmate to pursue available remedies in a State and Federal Court? ) (Proposed Answer in the Positive) IV. Did the Pennsylvania High Court violate the Stare Decisis Doctrine when the Court decided Washington v. Pennsylvania Department of Corrections, 2023 Pa. LEXIS 1698 (2023) in a manner identical to the matter at hand, yet failed to apply these clear docturnal principles to Mr. Bouie, instead denying him relief? : (Proposed Answer in the Positive) i