IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT

COMMONWEALTH OF PENNSYLVANIA, : No. 598 MAL 2023 : Respondent : : Petition for Allowance of Appeal : from the Order of the Superior Court v. : : : BENJAMIN JORDAN JENKINS, : : Petitioner :

ORDER

PER CURIAM AND NOW, this 21st day of May, 2024, the Petition for Allowance of Appeal is GRANTED. The issues, rephrased for clarity, are:

(1) Whether it is permissible to revoke ARD in order to promote the spirit of the program when a defendant truthfully responds to application questions?

(2) Whether a defendant’s participation in ARD can be revoked when the defendant did not violate a condition of ARD, or applicable condition of probation, while participating in the program?