(concurring in part, dissenting in part).
Although I concur in the reversal of the failure of the trial court to grant Green 96 days credit for the time being jailed in South Dakota (from February 25 through May 31, 1993), I dissent to the majority opinion denying him credit for 34 days he was jailed in Colorado (from January 21 through February 24, 1993). As an indigent,- presentence confinement must be applied toward a diminution of sentence.
The prevention of inequality at law is the lyneh-pin rationale to prevent indigents from suffering incarceration. Accord U.S. Const, amend. XIV, § 1 (Equal Protection Clause); Klimas v. State, 75 Wis.2d 244, 249 N.W.2d 285 (1977).
When Green was jailed in September 1992, he was declared indigent and received court-appointed counsel. Eight days later, he was released on his own recognizance. He failed to appear at his next proceeding. Police later found Green jailed in Denver, Colorado, where he remained from January 21 until February 25, 1993. The record herein reveals no information concerning Green’s arrest or incarceration there. Bond had previously been set for $100,000 cash in South Dakota. He remained under $100,000 cash bond in South Dakota while in Colorado. As the record is silent on additional charges for which he was being held, it is only reasonable to. conclude that he was simply awaiting transport to South Dakota.
Green was returned to South Dakota immediately following his February 25 release in Colorado. He again received court-op-*616pointed counsel. The record reflects he was earning $600 per month which was entirely consumed by rent ($250) with food and minor supplies for everyday living totalling $350 per month.
This helps explain why in both September of 1992 and February of 1993, Green could not post a $100,000 cash (only) bond; nor could he post a $10,000 cash (only) bond or a surety bond because he did not have cash or assets to post a bond. He was indigent on both occasions. If he was indigent in September and then again less than six months later, reason dictates he had to have been indigent within that time window. Nothing suggests otherwise. This Court should follow the mandate it established in State v. Lohnes, 266 N.W.2d 109, 113 (S.D.1978): The Equal Protection Clause requires credit for time served when an indigent person is incarcerated. Thus, the sentence should be amended and Green should be given credit for all presentence incarceration. State v. Graycek, 335 N.W.2d 572 (S.D.1983).
Liberty is a precious right. It is simply freedom from all restraints except those which are justly imposed by law. Remember, in grade school, reading about debtor’s “gaols” in England?