(a)
(1) Whenever the population of the prison system exceeds ninety-eight percent (98%) of the rated capacity for thirty (30) consecutive days, or whenever the number of inmates on the county jail backlog exceeds five hundred (500) inmates, the Board of Corrections may declare a prison overcrowding state of emergency.
(2) In making any emergency request based on exceeding the ninety-eight-percent capacity, the board shall certify the rated capacity and current population of the prison system and shall further certify that all authorized actions consistent with applicable state laws and rules have been exhausted in an attempt to reduce the prison population to ninety-eight percent (98%) of the rated capacity.
(3) In making any emergency request based on a county jail backlog exceeding five hundred (500) inmates, the board shall certify the list of persons on the county jail backlog and shall further certify that all authorized actions consistent with applicable state laws and rules have been exhausted in an attempt to reduce the county jail backlog to five hundred (500) inmates.
(b) Provided all other requirements of this subchapter are met, the board is authorized to invoke this subchapter separately for those facilities housing either male or female inmate populations.