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(1) Except as otherwise provided in Subsection (2), a juvenile court may not suspend a disposition ordered under this part.
(2)
(a) If a minor qualifies for secure care under Section 80-6-705, the juvenile court may suspend a disposition for commitment to the division under Section 80-6-703 in lieu of immediate commitment, upon the condition that the minor commit no new misdemeanor or felony offense within 90 days after the day on which the juvenile court suspends the disposition for commitment.
(b) The duration of a suspended disposition under Subsection (2)(a) may not:
(i) exceed 90 days after the day on which the juvenile court suspends the disposition for commitment; and
(ii) be extended under any circumstance.
(3) The juvenile court may only lift a suspension of a disposition under Subsection (2)(a):
(a) following adjudication of a new misdemeanor or felony offense committed by the minor during the period of suspension set out under Subsection (2)(a);
(b) if a new assessment or evaluation has been completed and the assessment or evaluation recommends that a higher level of care is needed and nonresidential treatment options have been exhausted or nonresidential treatment options are not appropriate; or
(c) if, after a notice and a hearing, the juvenile court finds:
(i) a new or previous evaluation recommends a higher level of treatment; and
(ii) the minor willfully failed to comply with a lower level of treatment and has been unsuccessfully discharged from treatment.
(4) A suspended disposition under Subsection (1) may not be imposed without:
(a) notice to the minor and the minor's counsel; and