A sex offender is any person who resides or works in the Commonwealth and who has been convicted of a sex offense, or who has been adjudicated as a youthful offender or as a delinquent juvenile by reason of a sex offense, or a person released from incarceration or parole or probation supervision or custody with the department of youth services for such a conviction or adjudication, or a person who has been adjudicated a sexually dangerous person or a person released from civil commitment on or after August 1, 1981.
Sex offenders will be classified according to the degree of dangerousness they pose to the public and their likelihood for reoffense. An offender's classification will be:
a Level 1 or "low risk" offender,
a Level 2 or "moderate risk" offender, or
a Level 3 or "high risk" offender.
In addition, if the Board, in finally giving an offender a Level 3 classification, also concludes that such sex offender should be designated a Sexually Violent Predator, the Board shall transmit a report to the sentencing court explaining the Board's reasons for so recommending, including specific identification of the sexually violent offense committed by such sex offender and the mental abnormality from which he suffers. The sentencing court shall then have the ultimate decision to determine whether such sex offender is a sexually violent predator.