In considering the sentencing of convicted persons, Georgia judges sometimes consider a condition of probation which banishes the person from some or most of Georgia. A condition which banished the person from the entire state would violate the state constitution.
"Neither banishment beyond the limits of the state nor whipping shall be allowed as a punishment for crime." Ga. Const. art. I, § 1, ¶ XXI Â
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However, banishments from less than the entirety of the state has been upheld as not violating the constitutional protection. Wilson v. State, 151 Ga. App.. 501, 504 (1979) approved a sentence banishing a person from the county. Edwards v. State, 173 Ga.App. 589, 590-591 (1985) approved banishment from a judicial circuit.
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How far can a court stretch the authority to restrict where a probationer may be in the state to fall short of the constitutional barrier?
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Any banishment from even a part of the state must related logically to the rehabilitative purposes of the sentence. So, the court has approved a banishment from the area for a drug offense has been approved as removing the probationer from proximity to his or her sources of drugs. Wyche v. State, 197 Ga.App. 148, 149 (1990) It was seen as reasonably related to the probationer's rehabilitation. On the other hand, bansihment for a battery offense was rejected as not having a logical relationship to the rehabilitative purposes of the sentence. See also Sanchez v. State, 234 Ga.App. 809 (1998). It is worth noting that Sanchez also stands for the proposition that the court cannot sentence a defendant to return to the person's home country. Such would be essentially an order of deportation and would violate the federal court's exclusive authority over removal of aliens from the country.
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For the crime of aggravated stalking, however, it was held that the trial court was within its authority to banish the defendant from every county in Georgia except one. Terry v. Hamrick, 284 Ga. 24 (2008) The sentence banned Terry from every county except Toombs County. The Georgia Supreme Court found that banishment from 158 of 159 counties was not de facto banishment from the entire state and, thus, did not violate the state constitution. The court also upheld the banishment as reasonably related to the rehabilitative purpose because of the need to keep Terry away from the object of his obsession, his ex-wife.
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OCGA 42-8-35 does put some limitations on the sentencing court's authority to banish a defendant to a particular area of the state in that the court cannot limit the defendant to an area of the state smaller that a judicial circuit. By that statute, a probationer also cannot be restricted to an area where necessary services related to the sentence are not available.
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The time that the banishment is in place must also be reasonable, but the appellate courts have not yet encountered a banishment of unreasonable duration, including approval of a 30-year banishment.
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Practice Pointers
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It is worth noting that courts are usually considering probation with banishment as an alternative to incarceration. Most clients would rather have their travel inside of Georgia restricted than be a guest of the Georgia Department of Corrections. Â
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Where banishment is one the table, it makes sense to try to limit to the judicial circuit where the offense occurred. Even there, it can be worth asking for some reasonable accommodations. For instance, if a major interstate highway runs through that circuit, it may be worth asking that notwithstanding the banishment that the person can use the interstate highway to pass through the circuit without stopping or exiting the interstate highway. A lot of judges will see that as reasonable.
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Where banishment is going to be from most of the state, I typically ask that Clayton Judicial Circuit (Clayton County) be the excepted circuit owing to the presence of the Atlanta airport there. I would hate for a client to be violated from probation for changing planes at the Atlanta airport.
Comments
Chris Reply
Posted Jul 15, 2025 at 21:26:50
I am banished from hall / Dawson county in 2016 and still on probation. I have to attended a mandated sexual offender treatment class, and its in Hall Co. Are there any laws or circumstances that will allow me to attend the treatment counseling and would allow me to go straight to treatment and straight back home to Jackson co.
Sean A. Black Reply
Posted Jul 16, 2025 at 05:48:10
I don’t handle cases in Hall County currently. I assume that your probation officer has directed you to this program. Have you discussed it with them in relation to the banishment. It would be relatively easy for them to provide the judge with a modification of the probation conditions to allow you to enter Hall County for the purpose of your attending the program that they have selected for you.
Chayva Allen Reply
Posted Sep 09, 2025 at 06:44:15
I was convinced of a drug charge , a person got caught and they told on me and they gave me 40 do 20 on a sale of cocaine and banned , my family lived there, this 2025 and still banned, I tried to call someone to go in court they said they were going to lock me up because I’m trying to get my background straight out trying to get a job my background is hurting me
Sean A. Black Reply
Posted Sep 25, 2025 at 06:10:11
I am sorry but the description you give is incomplete and I do not understand exactly what you are asking. First thing I need to know is the county this sentence is from. Fill out an intake form on my website instead of using the comment system since it concerns your specific case.
Christopher Ray Reply
Posted Apr 11, 2026 at 10:07:36
I was banished from 3 districts including one where my son is buried and another where my kids go to school and live also all these counties my kids play ball In… I did a sentence. It was split up 30 years 12.5 years to serve.. I did 8 of those years almost been out a year doing great non report no violations was a model inmate changed my entire life down to my core. Stayed in school my entire prison sentence.. I also did a RSAT program . Was a teacher aid and facilitied N/A and AA meetings at Walker State prison faith and character based… Everything is going good. Reconnected with my kids mom got a real 2nd chance.. getting married in November. She owns property in one of these counties.. it would be beneficial for me to modify my sentence and be able to go to and do things with my family in these areas… What do I need to do is this possible to handle.. I’m a realist
Sean A. Black Reply
Posted Apr 13, 2026 at 06:15:35
You can fill out an intake form on my website with the details of what counties or circuits are involved and how you are wanting that provision to be modified. Banishment can be because the local circuit is just tired of the volume of cases a person has produced or to protect alleged victims from contact, inadvertent or otherwise or to cut the person off from bad influences and patterns in the area. You don’t provide enough details for me to have a feel for the motivation of the banishment in your case. Knowing where the banishment order covers and the sentencing court will also help me identify whether it is something I could assist with or should provide you with a referral for.
Mary gandee Reply
Posted Apr 14, 2026 at 03:50:23
I would like to see how I could get banished from the state of Georgia I have no ties or any family here I was living here with a girlfriend but we have now when our separate ways after she had relapsed I took a charge for her and got first offenders and I’m trying to go back to Virginia I have 3 years probation I have nowhere to stay down here and I’d like to see if I can get banned how would I do that
Sean A. Black Reply
Posted Apr 14, 2026 at 06:11:30
It sounds like you don’t need to be banished; you need a transfer of probation to Virginia based on it being your home state. You will have to request a transfer through your probation officer. The transfer is handled through the Interstate Compact on Adult Offender Supervision.
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