§ 17.1-805.1 Discretionary sentencing guideline midpoints for certain defendants
The Commission shall adopt discretionary felony sentencing guidelines that may increase the midpoint of the recommended sentencing range based on the defendant’s record of convictions for violent felony offenses, as defined in subsection C of § 17.1-805. For guidelines that become effective on or after July 1, 2022, the Commission may increase the midpoint of the recommended sentencing range for such defendants as set forth in subsection A of § 17.1-805 or the Commission may recommend increases in the midpoint to the degree indicated by historical data for felony offenses sentenced in the Commonwealth. Any recommendations adopted by the Commission to modify the sentencing guidelines midpoints shall be contained in the annual report required under § 17.1-803 and shall become effective in accordance with § 17.1-806.