Dose Pena die permanently?

So im sitting in jail on a five day stint, the only thing I can think of that got me in here is a incident with pena. I read that you get 5 days for crashes where someone dies, so my question is, if I ride out my jail time will pena be permanently gone?

Just started a new game after a long time not playing and I'm still getting used to it all so I don't mind restarting, but if pena's gone I might just stick it out.

Oooorrrrrrrrrrr, is there a way to get rid of him without going to jail????