Andrea Yates, the Houston woman who admitted drowning all five of her children in 2001, is due in court Monday in Houston for a pretrial hearing.

Yates was released last week from an East Texas prison, but remained in the custody of Harris County authorities.

She is facing a new trial after an appeals court overturned her 2002 capital murder conviction in three of the five deaths.

Yates was serving her life prison term at the Skyview Unit, which is a psychiatric facility.

Yates will remain in the custody until she's retried.

Defense attorney George Parnham has asked that Yates be sent to Rusk State Hospital until the trial.

Parnham says Yates again will plead not guilty by reason of insanity.

Prosecutor Joe Owmby said the district attorney was open to a plea bargain that would allow Yates to avoid another trial, but "until they plead guilty there can be no bargain."