Councilman Steve DeBrum isn’t happy that a gang member or child molester with a history of assaults can be arrested for possessing a small amount of marijuana and be considered non-violent and sent to county jail instead of state prison.

Judges no longer have the option of considering such a person’s entire criminal history under the state’s Criminal Justice Realignment plan and must deem them “low risk” to the community.

City Manager Karen McLaughlin said the result has been an upswing in crimes committed by previous offenders in Manteca and cities throughout San Joaquin County.

DeBrum wants his council colleagues to endorse a letter seeking repeal of the Criminal Justice Realignment. The plan was in response to a federal court order for California to reduce its state prison population by 33,000 by June 2013 to improve inmate care. The state believes it can reduce state prisons population to 29,000 by then.

Some state leaders have said the state could ship orisons to out-of-state prisons under contract to meet the federal requirement.

The City Council meets at 7 p.m. Tuesday at the Civic Center, 1001 W. Center St.