254 February 26, 2025 No. 159 This is a nonprecedential memorandum opinion pursuant to ORAP 10.30 and may not be cited except as provided in ORAP 10.30(1).

IN THE COURT OF APPEALS OF THE STATE OF OREGON SHANE ALLEN BOYD, Petitioner, v. BOARD OF PAROLE AND POST-PRISON SUPERVISION, Respondent.

A185027 Submitted January 10, 2025.

Rankin Johnson and Rankin Johnson Law, LLC filed the brief for appellant.

Dan Rayfield, Attorney General, Benjamin Gutman, Solicitor General, and Philip Thoennes, Assistant Attorney General, filed the brief for respondent.

Before Lagesen, Chief Judge, and Egan, Judge.

EGAN, J.

Reversed and remanded.

Nonprecedential Memo Op: 338 Or App 254 (2025) 255 EGAN, J.

Petitioner seeks judicial review of a final order of the Board of Parole and Post-Prison Supervision (board) that set his sex offender notification level at Level 3. We reverse and remand the board’s final order.1 The board concedes that it erred in assessing peti- tioner’s risk of reoffending without considering his offense- free time in the community. We agree with and accept the concession. Under our decisions in Thomsen v. Board of Parole, 333 Or App 703, 554 P3d 308, rev den, 373 Or 81 (2024), and Allen v. Board of Parole, 334 Or App 447, 557 P3d 178, rev den, 373 Or 121 (2024), the board was required to assess petitioner’s present risk of reoffending. The appro- priate remedy is to reverse and remand to the board for fur- ther proceedings. Thomsen, 333 Or App at 717.

Reversed and remanded.

As authorized by ORS 2.570(2)(b), this matter is determined by a two-judge panel.