Durham County Sheriff: Clarence Birkhead

Name: Sheriff Clarence Birkhead

Age: 65

Party affiliation: Democrat

Campaign website: https://www.birkheadfordurham.com/

Occupation and employer: Sheriff of Durham County 

1. What do you believe are the most important issues facing the Sheriff’s Office? What are your top three priorities in addressing these issues?

Continuing to reduce crime throughout the County. While crime is down in several categories, our county has seen an increase in juveniles committing crimes. Criminal offenders are also committing crimes in surrounding counties. In the next term, we need to continue serving and advocating for our youth by diverting them away from the criminal justice system and connecting them with opportunities and resources they need to thrive. The STRIKE team, or the regional collaboration among multiple County Sheriff’s Offices in investigating crimes should continue.

Expanding mental health, drug treatment and reentry opportunities inside the Durham County Detention Facility. Despite the COVID pandemic, much was accomplished during my first two terms as Sheriff. We earned ACA accreditation, launched Medication Assisted Treatment (MAT), re-envisioned GED programming, implemented incentive based, positive reinforcement disciplinary policies, improved communication systems, implemented peer support, extended programming through dozens of tablet, internet-based initiatives, and worked with the County to improve facility infrastructure. During my next term, we must finish infrastructure upgrades and renovations, implement a preventive maintenance program to quickly address infrastructure concerns, expand mental health treatment to encompass cognitive behavioral therapy for behavioral issues, expand MAT, and further expand reentry services.

Our focus upon recruitment has resulted in a 15% vacancy rate across the agency. Our focus has shifted from recruitment to training and retention. During my third term, we must continue the professional development of all DCSO team members so they can realize their full potential to better service Durham County residents and provide for their families. 

2. What in your record as a public official or other experience demonstrates your ability to be an effective county sheriff? This might include career or community service; be specific about its relevance to this office.

For more than 35 years, I have been a public servant in Durham County. Before becoming Sheriff, I served in various roles with Duke University, one being leading the Duke Police Department. In this role I worked alongside leaders in Durham to address concerns related to homelessness, underage drinking, and crime in the neighborhoods surrounding Duke’s campuses. I served on various Boards and Committees for both the City of Durham and Durham County. I proudly served as an adjunct instructor at North Carolina Central University and Durham Technology Community College, which afforded me the chance to share and grow my knowledge of law and public safety.

Since becoming Sheriff, my professional affiliations include:

• serving on the Task Force for Racial Equity in Criminal Justice (TREC) [appointed by Governors Cooper and Stein],
• a Commissioner on the Governor’s Crime Commission (NC),
• Member of the N.C. Office of Violence Prevention Community Advisory
• Board,
• International Association of Chiefs of Police (IACP),
• National Sheriff’s Association,
• National Organization of Black Law Enforcement Executives, and
• Major County Sheriffs of America.

Each of these organizations afforded me professional training and networking with
some of the brightest minds in 21st Century Policing.

As a subject matter expert in criminal justice and organizational management, I am
often invited to speak on numerous national panels. Most recently, in Nashville, Tennessee while attending a convening with the Law Enforcement Immigration Task
Force (LEITF) and IACP’s conference on Officer Wellness and Mental Health, in
Anaheim, California. These experiences and affiliations continue to prepare me to lead the Office of the Sheriff in Durham County.

I have led the Durham County Sheriff’s Office for the past seven years. Much has been accomplished:

• Created a community advisory board
• Consistent and increased community engagement
• Seized drugs and guns with an aggregate street value exceeding millions of dollars 
• Attained Triple Crown Accreditation –ACA, CALEA and NCCHC
• Re-envisioned the school resource officer program leading to more help for our youth and only the most serious crimes referred to juvenile court counselors for possible prosecution
• Criminal justice reforms including body-worn cameras, expanded dash cameras and policy changes such as the duty to intervene, no-knock warrants and clear prohibitions against chokeholds
• Expanded detention center programming and jail infrastructure improvements
• Launched the State’s first Medication Assisted Treatment Program to combat opioid use disorder
• Led efforts to re-launch Project Safe Neighborhoods
• Reduced call response times (three minutes) to below the national average 
• Reduced staffing vacancies to 15% agency wide and implemented employee wellness initiatives; and
• Much, much more.

There is more work to do – building upon what we have started and implementing new programs and initiatives.

3. If you are challenging an incumbent, what decisions has the incumbent made that you most disagree with? If you are an incumbent, what in your record and experience do you believe entitles you to another term?

As stated above, I have served Durham County for seven years and we have accomplished much. In my response to Question 2, I listed several of our programs, initiatives and accomplishments. There is more work to do – Expanding and building upon the accomplishments referenced in Question 2 to help achieve the goals listed in Question 1. 

4. Shootings are down in Durham, but gun violence remains a concern. What needs to be done about gun violence in Durham? What role does the sheriff have in addressing it? 

First, the Sheriff’s Office has jurisdiction throughout all of Durham County – including within Durham city limits. In contrast, the Durham Police Department only has jurisdiction within the city limits meaning the Sheriff’s Office is solely responsible for calls for service in the County. But, DCSO can operate within the city limits. Indeed, more than 80% of our law enforcement services occurs within city limits.
What does this mean? When someone makes an emergency call to the Durham Emergency Communications Center, or 911, the caller is routed to either the Sheriff’s Office or DPD based upon their address. This does not mean, however, that the Sheriff’s Office does not operate within city limits.

The following teams regularly work within city limits:

• Sheriff’s Office Narcotics Division
• ATF Task Force
• U.S. Marshall’s Task Force
• FBI Safe Streets Task Force
• STRIKE Team—a collaboration with Guilford, Alamance, Orange and Durham County Sheriff’s Offices to address regional crime.

Their work has led to hundreds of arrests, drugs and illegal gun confiscation. 
Regarding reducing gun violence, three years ago, the Sheriff’s Office led efforts to re-launch Project Safe Neighborhoods, a collaboration between the U.S. Attorney’s Office, local district attorney, criminal justice partners, and community organizations. PSN is a proven 25-year strategy sponsored through the U.S. Department of Justice which uses criminal justice data analysis to identify the individuals driving crime in our local community. These individuals are contacted, offered resources (GED, mental health, job search services, etc.) and presented with an opportunity to change the direction of their lives. PSN is designed to address violent crime, especially gun violence.
We must also address the rise in crimes committed by juveniles. Our SROs have significantly reduced the number of juveniles prosecuted in the juvenile delinquency system through diversion to local resources, mentorship and helping to address the root causes of their behavior. These tools need to be expanded to the wider community.

5. Police officers’ and sheriff’s deputies’ personnel files, including disciplinary records, are not public documents in North Carolina. Given that law enforcement in some cases has the power of life and death, do you believe it is appropriate for members of the public to know whether a law enforcement agent has been disciplined and why?

Transparency and accountability are part of the foundation of having public trust in law enforcement. Concerns about use of force and truthfulness have been at the forefront of public discourse over the past fifteen years. And these discussions have become more prominent this past year due to the changes in the federal government’s immigration policies and tactics, protests and encounters with ICE and CBP. 
During my first and second term as Sheriff, I was honored to serve on former Governor Cooper’s Task Force for Racial Equity in Criminal Justice. Our work led to the passage of Senate Bill 300, North Carolina’s Criminal Justice Reform Legislation enacted in 2021. This legislation established the Critical Incident Database which contains information on law enforcement officers involved in use of force resulting in death or serious bodily injury. These databases are managed by the Commissions responsible for certifying, or de-certifying, law enforcement officers. The Commission reviews this information for possible action against law enforcement officers and is also available to law enforcement for queries about potential hires. While the information is not public record, it does strike a balance between the confidentiality of personnel records and the need for oversight. Further transparency could be provided by annual reports from these Commissions.

Senate Bill 300 also included provisions addressing other aspects of the criminal justice system such as:

• Reporting Giglio (truthfulness) allegations
• Mandatory psychological screenings for new law enforcement officers
• Expanded criminal background checks of current and new law enforcement officers
• Mandatory SBI investigations of use of force incidents

These changes led to significant improvement in our criminal justice system. There is more work to be done and I am open to discussing and advocating for additional reform. For there to be public safety, there must be public trust.

6. Over the past two years, the legislature has expanded requirements for local sheriffs to notify ICE about individuals in custody and hold them for up to 48 hours or until ICE takes them into custody. What in your opinion is the impact of this change on communities and Sheriff’s Offices?

Changes in federal immigration policies and tactics has led to fear in our immigrant communities throughout the nation. Since becoming Sheriff in 2018, I have publicly and repeatedly communicated that the Durham County Sheriff’s Office will not participate in the 287(g) program nor will we participate on immigration task forces. Since 2018, I have engaged with local immigrant community leaders to discuss concerns, fears, frustrations and policies. This continuous community engagement has helped maintain a relationship built upon trust between DCSO and the residents we serve.

Until the new federal administration, historically and traditionally, ICE has not used “street operations” to apprehend undocumented residents. Rather, ICE has focused upon violent and dangerous criminals. Most apprehensions occurred in jails or prisons after a person was convicted. These new tactics create fear throughout all communities, especially immigrant communities, and erodes the trust local law enforcement officials have earned through various means of community engagement.

New state legislation requires immigration-related status checks and 48-hour holds of those recently arrested if an immigration detainer is issued. The Sheriff’s Office has seen a marginal increase in the number of people apprehended by ICE under these new provisions. Although fear and uncertainty remain in our immigrant communities, the continuous engagement by the Sheriff’s Office – including explanations of the new laws—has tempered an increase in fear and uncertainty. 

Statewide and nationally, I have advocated against these legislative changes. Most recently, I was a panelist in the Law Enforcement Immigration Task Force symposium discussing the impact of the changes in federal administration policy upon our immigrant communities. (LEITF is a division of the National Immigrant Forum). I will continue to engage state and national leaders on these issues. Particularly the need for more training, accountability, oversight and due process at the federal level. And the need for meaningful immigration reform.

7. Criminal justice reform groups like Emancipate NC have raised concerns about conditions at the Durham jail, including that people are being held in cells for 20-plus hours a day. How would you address conditions for people being held in the jail?

The Sheriff’s Office is one of 79 agencies nationwide to attain Triple Crown Accreditation – CALEA (The Commission on Accreditation for Law Enforcement Agencies), NCCHC (The National Conference on Correctional Health Care) and ACA (the American Correctional Association). Less than 1% of law enforcement agencies and Sheriff’s Offices nationwide hold this distinction. 

To earn this accreditation, auditors reviewed all policies, toured the facility and reviewed files. Most significantly, the auditors interviewed a sampling of detainees on their treatment, concerns and jail conditions. No adverse conditions were noted from these interviews. 

The Durham County Detention Facility is inspected at least annually by the State Department of Health and Human Services Jails and Detention Unit, health inspectors and fire marshals. State law permits the State to close jails when minimum standards for jail conditions are unmet.

Most significantly, our jail detainees have a grievance system through which they can lodge requests and complaints. This system is monitored daily by our detention facility staff. Their complaints have focused upon food, temperature and maintenance issues. Each individual request, complaint or concern is addressed. We also use these complaints to identify commonalities and trends. 

Over the past three years, DCSO has brought the building infrastructure concerns (temperature and maintenance) to the attention of County Management and County General Services who are primarily responsible for building infrastructure. The County is nearing completion of several projects replacing detention facility major equipment. DCSO also sought additional funding for detention facility food services which led to an improved menu and kitchen equipment replacement. Another detainee concern relates to lack of communication with their attorneys. Within the next few months, the Detention Facility will be implementing confidential remote visitation for attorneys and detainees which will permit attorneys to meet with their clients from their offices and maintain attorney-client privilege. After reviewing recent detainee grievances and concerns, none of the detainee grievances or requests relate to being “locked back” 20-plus hours a day. 

Essentially, our Triple Crown Accreditation indicates the Durham County Detention Facility exceeds minimum standards, uses best practices and provides excellent care to our detainees. We are also responsive to detainee concerns and requests and have demonstrated that we work hard to implement programs and conditions that provide for detainee needs while ensuring the safety and security of the facility. 

8. Do you support expansion of the city’s HEART program into county limits? Please explain your answer. If yes, what oversight should the city and Sheriff’s Office each have over these responders?

The Durham County Board of County Commissioners are currently conducting a feasibility study regarding HEART expansion into the County. I have repeatedly expressed my support for HEART. I have shared with the County Commissioners that I believe a co-responder model is the best option for the County. HEART is not a Sheriff’s Office program or initiative. The decision to fund and expand HEART is within the purview of the County Commissioners. This includes the decisions on where the program is housed and which entity provides oversight. 

9. The Durham County Sheriff’s Office has a budget of more than $50 million. Is this sufficient? What would you seek additional funding for? Conversely, as federal funding puts pressure on local government budgets, what Sheriff’s Office expenses could be reduced?

Of the Durham County Sheriff’s Office approximately $50 million dollar budget, approximately $8 million is for operating expenses. Of that $8 million, $1.15 million is budgeted for the detainee food vendor. Stated differently, more than a million dollars annually is spent to feed the detainees housed in the Durham County Detention Facility. Another $1.2 million is budgeted for Animal Shelter Operations. Once you deduct the amounts budgeted for personnel, employee benefits, detainee food and animal shelter expenses, the Sheriff’s Office operating budget is approximately $5.5 million.

In this era of tariffs and increasing prices, $5.5 million is insufficient to operate a modern professional law enforcement agency, i.e., the Durham County Sheriff’s Office. The overwhelming majority of Sheriff’s Office services are mandatory services required by North Carolina law. This includes, but is not limited to, court security, civil process functions, mandatory sex offender residency verifications, involuntary commitment transports and detention facility services. For example, the Sheriff’s Office is responsible for mailing the jury summons each month to inform residents of jury duty.

Although the cost of postage stamps seemingly increase each year, the postage budget has not increased in more than ten years. As another example, the daily jail population is approximately 450 people. Similar to our own household budgets, the cost for soap, toothpaste, toilet paper and other expenses of daily living have increased due to tariffs and other economic conditions. The cost of the software to record emergency calls, generate incident and accident reports, fingerprint individuals, police vehicle oil changes and tire rotations, and other law enforcement services have increased. 
The Sheriff’s Office is also facing federal pressures on our budget. Grant dollars are reduced. Several Sheriff’s Office programs such as our Search and Rescue Team (dive team) and Hazardous Device Unit (bomb squad) are fully funded by grants. We will need to secure funding for those operations.

Regularly for the past few years, the Sheriff’s Office has submitted mid-year and end of the year budget requests to bridge the gap in funding the Sheriff’s Office budget to meet and pay for our mandatory duties and responsibilities. Unfortunately, the Sheriff’s Office is not in a position to reduce our budget nor reduce our services. 

10. Give an example of an opinion, policy, vote, or action you changed based on constituent feedback. If you have not yet held elected office, describe a time when you changed your position on an issue after listening to those affected by it.

My public safety priorities and policing philosophy are closely aligned with the best practices of 21st Century Policing. And the mission of modern law enforcement agencies align with the values of Durham County residents. I regularly meet with the Sheriff’s Office Community Advisory Board to share policy and program information and to hear resident concerns from throughout Durham County. I also regularly meet with community organizations, advocates and leaders in town halls, community meetings and one-on-one; both in-person, virtually and via telephone calls. 

In the first half of my tenure as Sheriff, our community strongly advocated for criminal justice reform. Many of their calls for reform were also ideas I personally believed were best for our public safety. The ideas that were implemented included:

• Body worn cameras and expanded dash cameras
• Adoption of the “Eight Can’t Wait” platform
• Policy changes reinforcing the duty to intervene, prohibition of choke holds and prohibition of no-knock warrants
• Expanded de-escalation and recognizing implicit bias training
• Restorative practices training for school resource officers

My detention command staff and I have also listened to the needs of our detainees who are awaiting trial – not yet convicted and not serving sentences. In addition to improving the food menu and pushing for infrastructure renovation and improvements, we are implementing a new communications system that will provide 1:1 tablets, remote privileged communications with attorneys and an enhanced telephone and messaging system. Additionally, we expanded GED options to include beginning course-work in the facility with continuation at our local community college upon release. And, we have worked to give them a voice through facilitating eligible voters to vote in elections and participation in the City of Durham’s participatory budgeting process.

Through collaboration, the Durham County Sheriff’s Office has accomplished much during my first two terms. And I am excited to continue this work during my third term.

11. Are there any issues this questionnaire has not addressed that you would like to address?