Ms. Laney's attorney, Buck Files, confirmed she is present. However, Files' request to have the hearing closed to the public and media was approved. The hearing is being held in Judge Christi Kennedy's courtroom.
A Smith County jury found Ms. Laney, a then-43-year-old housewife who home-schooled her children, not guilty by reason of insanity for stoning her sons to death on Mother's Day weekend in 2003.
Smith County District Attorney Matt Bingham, who prosecuted the capital murder case in April, 2004, reported on May 25 that Ms. Laney was released from the Kerrville State Hospital. He said in May that he did not know the date of her release.
Joshua, 8, and Luke, 6, were found dead in the front yard of the family's New Chapel Hill home, and then 14-month-old Aaron was found seriously injured in his crib.
Ms. Laney's attorneys admitted during the trial that she stoned her children to death, but contended that she was insane and did not know that what she was doing was wrong. Ms. Laney told authorities God told her to kill her children.
Under Texas law, people are found legally insane if, at the time of an offense, they did not know their conduct was wrong because of some mental illness or defect.
Ms. Laney was defended in trial by attorneys Files, Tonda Curry and LaJuanda Lacy, while Bingham, former First Assistant District Attorney Brett Harrison and current First Assistant District Attorney April Sikes prosecuted the case.