A. No child taken to a detention or shelter facility without a Court order as the result of an allegedly delinquent act which would constitute a major crime or offense punishable by banishment if committed by an adult shall be released from such facility if in writing a law enforcement agency has requested that a detention hearing be held to determine whether the child’s immediate welfare or the protection of the community requires that he or she be detained. No such child shall thereafter be released from detention except after a hearing, reasonable advanced notice of which has been given to the Tribal Prosecutor, alleging new circumstances concerning the further detention of the child.

B. When following a detention hearing as provided for by subsection (A) of this section, the Court orders further detention of a child, a petition alleging the child to be delinquent shall be filed with the Court without unnecessary delay if one has not been previously filed, and the child shall be held in detention pending a hearing on the petition.

C. Nothing herein shall be construed as depriving a child of the right to bail under the same circumstances as an adult.