(1) The Board of Corrections may declare succeeding prison overcrowding states of emergency at any time when the prison population exceeds ninety-eight percent (98%) of the rated capacity of the prison system, but these successive states of emergency shall not be declared more often than one (1) time each ninety (90) days or at any time the county jail backlog exceeds five hundred (500) inmates.
(2) Any subsequent state of emergency declared pursuant to the provisions of this subchapter shall have the same effect as the first declaration of emergency with respect to inmates in the prison system on the date of the declaration of each successive state of emergency.