74BFurther provisions concerning rules about drug and alcohol testing and monitoring

1. Rules made under section 74A(a) may, without limitation, prescribe testing procedures that do all or any of the following:

2. include, as part of the procedure, either or both of the following:
   1. breath screening:
   2. the collection and analysis of breath, blood, hair, urine, or any other bodily sample:
3. require an offender to be supervised by a person of the same sex as the offender during the collection of a bodily sample required for testing:
4. provide for an offender to elect, if the offender meets in advance all actual and reasonable costs, to have part of a bodily sample (or 1 bodily sample from a set of samples collected at the same time) independently tested in a manner prescribed in the rules.

5. The chief executive may make rules under section 74A only if satisfied that the rules—

6. prescribe testing procedures that are no more intrusive than is reasonably necessary to ensure compliance with a drug or alcohol condition; and
7. allow for offenders to be tested no more often than is reasonably necessary to ensure compliance with a drug or alcohol condition; and
8. ensure that offenders liable to testing and monitoring are afforded as much privacy and dignity as is reasonably practicable.

9. Subsection (1)(b) overrides subsection (2)(c).